By Wolens H.B. No. 156
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the open meetings law to certain
1-3 meetings 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) a gathering:
1-16 (i) that is conducted by the governmental
1-17 body or for which the governmental body is responsible;
1-18 (ii) at a which a quorum of members of the
1-19 governmental body is present;
1-20 (iii) that has been called by that
1-21 governmental body; and
2-1 (iv) at which the members receive
2-2 information from, give information to, ask questions of, or receive
2-3 questions from any third person, including an employee of the
2-4 governmental body, about the public business or public policy over
2-5 which the governmental body has supervision or control.
2-6 The term does not include the gathering of a
2-7 quorum of a governmental body at a social function unrelated to the
2-8 public business that is conducted by the body, or the attendance by
2-9 a quorum of a governmental body at a regional, state, or national
2-10 convention or workshop, if formal action is not taken and any
2-11 discussion of public business is incidental to the social function,
2-12 convention, or workshop. The term includes a session of a
2-13 governmental body.
2-14 SECTION 2. Subchapter A, Chapter 551, Government Code, is
2-15 amended by adding Section 551.005 to read as follows:
2-16 Sec. 551.005. RECEIVING INFORMATION IN GATHERING OF LESS
2-17 THAN A QUORUM. This chapter does not prohibit a member or group of
2-18 members of a governing board of an institution of higher education
2-19 that schedules fewer than five regularly held meetings in a
2-20 calendar year from gathering in numbers less than a quorum for the
2-21 purpose of receiving information from or asking questions of any
2-22 third person, including an employee of the governmental body.
2-23 SECTION 3. Section 551.075, Government Code, is repealed.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.