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. The term
2-4 does not include the gathering of a quorum of a governmental body
2-5 at a social function unrelated to the public business that is
2-6 conducted by the body, or the attendance by a quorum of a
2-7 governmental body at a regional, state, or national convention or
2-8 workshop, if formal action is not taken and any discussion of
2-9 public business is incidental to the social function, convention,
2-10 or workshop. The term includes a session of a governmental body.
2-11 SECTION 2. Section 551.075, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 551.075. CONFERENCE RELATING TO INVESTMENTS AND
2-14 POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH
2-15 FUND [WITH EMPLOYEES]; CLOSED MEETING. (a) This chapter does not
2-16 require the board of trustees of the Texas growth fund [a
2-17 governmental body] to confer with one or more employees of the
2-18 Texas growth fund or with a third party [governmental body] in an
2-19 open meeting if the only purpose of the conference is to:
2-20 (1) receive information from the employees of the
2-21 Texas growth fund or the third party relating to an investment or a
2-22 potential investment by the Texas growth fund in:
2-23 (A) a private business entity, if disclosure of
2-24 the information would give advantage to a competitor; or
2-25 (B) a business entity whose securities are
2-26 publicly traded, if the investment or potential investment is not
2-27 required to be registered under the Securities Exchange Act of 1934
3-1 (15 U.S.C. Section 78a et seq.), and its subsequent amendments, and
3-2 if disclosure of the information would give advantage to a
3-3 competitor; or
3-4 (2) question the employees of the Texas growth fund or
3-5 the third party regarding an investment or potential investment
3-6 described by Subdivision (1), if disclosure of the information
3-7 contained in the questions or answers would give advantage to a
3-8 competitor.
3-9 (b) During a conference under Subsection (a), members of the
3-10 board of trustees of the Texas growth fund [governmental body] may
3-11 not deliberate public business or agency policy that affects public
3-12 business.
3-13 (c) In this section, "Texas growth fund" means the fund
3-14 created by Section 70, Article XVI, Texas Constitution.
3-15 SECTION 3. Section 551.144, Government Code, is amended by
3-16 adding Subsection (c) to read as follows:
3-17 (c) It is an affirmative defense to prosecution under
3-18 Subsection (a) that the member of the governmental body acted in
3-19 reasonable reliance on a court order or a written interpretation of
3-20 this chapter contained in an opinion of a court of record, the
3-21 attorney general, or the attorney for the governmental body.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 156 was passed by the House on April
13, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 156 on May 22, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 156 was passed by the Senate, with
amendments, on May 19, 1999, by the following vote: Yeas 29, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor