By Maxey H.B. No. 764
75R4200 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the open meetings law to certain
1-3 deliberations of the governing bodies of entities that are parties
1-4 to certain contracts with the State of Texas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 551.001(3), Government Code, is amended
1-7 to read as follows:
1-8 (3) "Governmental body" means:
1-9 (A) a board, commission, department, committee,
1-10 or agency within the executive or legislative branch of state
1-11 government that is directed by one or more elected or appointed
1-12 members;
1-13 (B) a county commissioners court in the state;
1-14 (C) a municipal governing body in the state;
1-15 (D) a deliberative body that has rulemaking or
1-16 quasi-judicial power and that is classified as a department,
1-17 agency, or political subdivision of a county or municipality;
1-18 (E) a school district board of trustees;
1-19 (F) a county board of school trustees;
1-20 (G) a county board of education;
1-21 (H) the governing board of a special district
1-22 created by law; [and]
1-23 (I) a nonprofit corporation organized under
1-24 Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933
2-1 (Article 1434a, Vernon's Texas Civil Statutes), that provides a
2-2 water supply or wastewater service, or both, and is exempt from ad
2-3 valorem taxation under Section 11.30, Tax Code; and
2-4 (J) the governing body of an entity that:
2-5 (i) is a party to a contract with this
2-6 state under which the entity provides a service or performs a duty
2-7 that was formerly provided or performed by this state or an agency
2-8 of this state; and
2-9 (ii) engages or proposes to engage in a
2-10 deliberation relating to:
2-11 (a) the contract or a
2-12 matter pertaining to the contract;
2-13 (b) the providing by the
2-14 entity of a service under that contract; or
2-15 (c) the performing by the
2-16 entity of a duty under that contract.
2-17 SECTION 2. This Act takes effect September 1, 1997. The
2-18 change in law made by this Act applies only to a deliberation of
2-19 the governing body of an entity that is a party to a contract with
2-20 this state that begins on or after September 4, 1997. A
2-21 deliberation of the governing body of an entity that is a party to
2-22 a contract with this state that begins before September 4, 1997, is
2-23 covered by the law in effect when the deliberation begins, and the
2-24 former law is continued in effect for that purpose.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.