HBA-ALS H.B. 1450 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1450
By: Uher
State Affairs
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a commissioners court is authorized to spend county
funds for the membership fees and dues of a nonprofit state association of
counties.  By accepting these public funds, an association of counties is
considered a governmental body for purposes of the Open Records Act. The
Open Meetings Act does not define "governmental body" in the same way as
the Open Records Act thus creating uncertainty as to whether a state
association of counties is subject to the provisions of the Open Meetings
Act. 
  
H.B. 1450 establishes that specified associations are considered
governmental bodies for purposes of both the open meetings law and the
public information law.  The bill also requires an association to post
notice and provide special notice of its meetings in a specified place and
manner. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 81.026, Local Government Code, by adding
Subsection (c), to provide that an association under Subsection (a) of this
section (State Association of Counties) and its governing body are
considered to be governmental bodies for purposes of the open meetings law
and the public information law under Chapters 551 (Open Meetings) and 552
(Open Records), Government Code.  Requires the association to post notice
and provide special notice of its meetings at the same place and in the
same manner required for a board in the executive branch of state
government. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.    Emergency clause.