By Wolens, Maxey H.B. No. 156
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the open meetings law to certain
1-3 gatherings at which a governmental body receives information from
1-4 third persons, including government employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 551.001(4), Government Code, is amended
1-7 to read as follows:
1-8 (4) "Meeting" means:
1-9 (A) a deliberation between a quorum of a
1-10 governmental body, or between a quorum of a governmental body and
1-11 another person, during which public business or public policy over
1-12 which the governmental body has supervision or control is discussed
1-13 or considered or during which the governmental body takes formal
1-14 action; or
1-15 (B) except as otherwise provided by this
1-16 subdivision, a gathering:
1-17 (i) that is conducted by the governmental
1-18 body or for which the governmental body is responsible;
1-19 (ii) at which a quorum of members of the
1-20 governmental body is present;
1-21 (iii) that has been called by the
1-22 governmental body; and
1-23 (iv) at which the members receive
1-24 information from, give information to, ask questions of, or receive
2-1 questions from any third person, including an employee of the
2-2 governmental body, about the public business or public policy over
2-3 which the governmental body has supervision or control.
2-4 The term does not include the gathering of a quorum of
2-5 a governmental body at a social function unrelated to the public
2-6 business that is conducted by the body, or the attendance by a
2-7 quorum of a governmental body at a regional, state, or national
2-8 convention or workshop, if formal action is not taken and any
2-9 discussion of public business is incidental to the social function,
2-10 convention, or workshop. The term includes a session of a
2-11 governmental body. The term does not include a gathering described
2-12 by Paragraph (B) that is conducted by the Texas Transportation
2-13 Commission or for which the Texas Transportation Commission is
2-14 responsible.
2-15 SECTION 2. Section 551.075, Government Code, is amended to
2-16 read as follows:
2-17 Sec. 551.075. CONFERENCE RELATING TO INVESTMENTS AND
2-18 POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH
2-19 FUND [WITH EMPLOYEES]; CLOSED MEETING. (a) This chapter does not
2-20 require the board of trustees of the Texas growth fund [a
2-21 governmental body] to confer with one or more employees of the
2-22 Texas growth fund or with a third party [governmental body] in an
2-23 open meeting if the only purpose of the conference is to:
2-24 (1) receive information from the employees of the
2-25 Texas growth fund or the third party relating to an investment or a
2-26 potential investment by the Texas growth fund in a private business
2-27 entity, if disclosure of the information would give advantage to a
3-1 competitor; or
3-2 (2) question the employees of the Texas growth fund or
3-3 the third party regarding an investment or potential investment
3-4 described by Subdivision (1), if disclosure of the information
3-5 contained in the questions or answers would give advantage to a
3-6 competitor.
3-7 (b) During a conference under Subsection (a), members of the
3-8 board of trustees of the Texas growth fund [governmental body] may
3-9 not deliberate public business or agency policy that affects public
3-10 business.
3-11 (c) In this section, "Texas growth fund" means the fund
3-12 created by Section 70, Article XVI, Texas Constitution.
3-13 SECTION 3. Section 551.144, Government Code, is amended by
3-14 adding Subsection (c) to read as follows:
3-15 (c) It is an affirmative defense to prosecution under
3-16 Subsection (a) that the member of the governmental body acted in
3-17 reasonable reliance on a court order or a written interpretation of
3-18 this chapter contained in an opinion of a court of record, the
3-19 attorney general, or the attorney for the governmental body.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.