SRC-PNG H.B. 156 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 156
By: Wolens (Wentworth)
State Affairs
5/4/1999
Engrossed


DIGEST 

A fundamental premise of the Texas Open Meetings Act is that all meetings
of governmental bodies are open to the public unless an exception is
specified by the Act or permitted by the Texas Constitution.  However, it
is unclear whether the Act applies to informal meetings, such as staff
briefings.  At least one state board has conducted its deliberations as
part of staff briefings that are closed to the public.  This bill would
amend the definition of "meeting" to include an informal gathering, which
is any meeting of a quorum of the members of a governmental body and a
third party to discuss public business or public policy over which the
governmental body has supervision or control.  

PURPOSE

As proposed, H.B. 156 amends the definition of "meeting" to include an
informal gathering, which is any meeting of a quorum of members of a
governmental body and a third party to discuss public business or public
policy over which the governmental body has supervision or control in the
Texas Open Meetings Act.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 551.001(4), Government Code, to expand the
definition of "meeting" to include a gathering that is: conducted by the
governmental body or for which the governmental body is responsible, that
has a quorum of members of the governmental body present, that has been
called by the governmental body, and that the members receive information
from, give information to, ask questions of, or receive questions from any
third person, including an employee of the governmental body, about the
public business or public policy over which the governmental body has
supervision or control.  Provides that this term does not include a
gathering described by Paragraph (b) that is conducted by the Texas
Transportation Commission or for which the Texas Transportation Commission
is responsible. 

SECTION 2.  Amends Section 551.075, Government Code, as follows:

Sec.  551.075.  New heading: CONFERENCE RELATING TO INVESTMENTS AND
POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH FUND;
CLOSED MEETING.  Provides that this chapter does not require the board of
trustees of the Texas growth fund to confer with one or more employees of
the Texas growth fund or with a third party, rather than a governmental
body confer with employees of the governmental body, in an open meeting, if
the only purpose of the conference is to receive information from the
employees relating to an investment or a potential investment by the Texas
growth fund in a private business entity, if disclosure of the information
would give advantage to a competitor, or question the employees of the
Texas growth fund or the third party regarding an investment or potential
investment described by Subdivision (1), if disclosure of the information
contained in the questions or answers would give advantage to a competitor.
Defines "Texas growth fund."  Makes conforming and nonsubstantive changes. 
 
SECTION 3. Amends Section 551.144, Government Code, by adding Subsection
(c), to provide that it is an affirmative defense to prosecution under
Subsection (a) that the member of the governmental body acted in reasonable
reliance on a court order or a written interpretation of this chapter
contained in an opinion of a court of record, the attorney general, or the
attorney for the governmental body. 

SECTION 4. Emergency clause.
  Effective date: upon passage.