SRC-AXB C.S.S.B. 1280 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1280
76R10325  GJH-FBy: Wentworth
State Affairs
3/26/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas lottery commissioners are prohibited from discussing the
negotiation of the lottery operator contract except during a properly
posted open meeting.  This eliminates the opportunity to plan and discuss
strategy aside from that which occurs in the presence of the person against
whom negotiations are being conducted.  The Open Meetings Act dates back to
a time when there was no expectation that government operations, such as
the Texas Lottery, would evolve into a publicprivate enterprise transacting
approximately $250 million per biennium.  C.S.S.B. 1280 limits the
application of the Open Meetings Act for certain negotiations involving the
Texas Lottery Commission. 

PURPOSE

As proposed, C.S.S.B. 1280 limits the application of a law on closed
meetings, if an open meeting would negatively affect the Texas Lottery
Commission's position in negotiations. 

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 467.030, Government Code, to limit the
application of Section 551.002, Government Code, in circumstances wherein
an open meeting would have a detrimental effect on the Texas Lottery
Commission's position concerning negotiations with a lottery operator.
Makes a conforming change. 

SECTION 2.  Effective date:  September 1, 1999.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 467.030(b), Government Code, to limit the application of,
rather than the requirements of, Section 551.002, Government Code,
regarding a closed meeting of the Texas Lottery Commission, rather than a
closed meeting between the commission and a lottery operator.