1-1     By:  Wolens, Maxey (Senate Sponsor - Wentworth)        H.B. No. 156
 1-2           (In the Senate - Received from the House April 14, 1999;
 1-3     April 15, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the application of the open meetings law to certain
 1-9     gatherings at which a governmental body receives information from
1-10     third persons, including government employees.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 551.001(4), Government Code, is amended
1-13     to read as follows:
1-14                 (4)  "Meeting" means:
1-15                       (A)  a deliberation between a quorum of a
1-16     governmental body, or between a quorum of a governmental body and
1-17     another person, during which public business or public policy over
1-18     which the governmental body has supervision or control is discussed
1-19     or considered or during which the governmental body takes formal
1-20     action; or
1-21                       (B)  except as otherwise provided by this
1-22     subdivision, a gathering:
1-23                             (i)  that is conducted by the governmental
1-24     body or for which the governmental body is responsible;
1-25                             (ii)  at which a quorum of members of the
1-26     governmental body is present;
1-27                             (iii)  that has been called by the
1-28     governmental body; and
1-29                             (iv)  at which the members receive
1-30     information from, give information to, ask questions of, or receive
1-31     questions from any third person, including an employee of the
1-32     governmental body, about the public business or public policy over
1-33     which the governmental body has supervision or control.
1-34                 The term does not include the gathering of a quorum of
1-35     a governmental body at a social function unrelated to the public
1-36     business that is conducted by the body, or the attendance by a
1-37     quorum of a governmental body at a regional, state, or national
1-38     convention or workshop, if formal action is not taken and any
1-39     discussion of public business is incidental to the social function,
1-40     convention, or workshop.  The term includes a session of a
1-41     governmental body.  The term does not include a gathering described
1-42     by Paragraph (B) that is conducted by the Texas Transportation
1-43     Commission  or for which the Texas Transportation Commission is
1-44     responsible.
1-45           SECTION 2.  Section 551.075, Government Code, is amended to
1-46     read as follows:
1-47           Sec. 551.075.  CONFERENCE RELATING TO INVESTMENTS AND
1-48     POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH
1-49     FUND [WITH EMPLOYEES]; CLOSED MEETING.  (a)  This chapter does not
1-50     require the board of trustees of the Texas growth fund [a
1-51     governmental body] to confer with one or more employees of the
1-52     Texas growth fund or with a third party [governmental body] in an
1-53     open meeting if the only purpose of the conference is to:
1-54                 (1)  receive information from the employees of the
1-55     Texas growth fund or the third party relating to an investment or a
1-56     potential investment by the Texas growth fund in a private business
1-57     entity, if disclosure of the information would give advantage to a
1-58     competitor; or
1-59                 (2)  question the employees of the Texas growth fund or
1-60     the third party regarding an investment or potential investment
1-61     described by Subdivision (1), if disclosure of the information
1-62     contained in the questions or answers would give advantage to a
1-63     competitor.
1-64           (b)  During a conference under Subsection (a), members of the
 2-1     board of trustees of the Texas growth fund [governmental body] may
 2-2     not deliberate public business or agency policy that affects public
 2-3     business.
 2-4           (c)  In this section, "Texas growth fund" means the fund
 2-5     created by Section 70, Article XVI, Texas Constitution.
 2-6           SECTION 3.  Section 551.144, Government Code, is amended by
 2-7     adding Subsection (c) to read as follows:
 2-8           (c)  It is an affirmative defense to prosecution under
 2-9     Subsection (a) that the member of the governmental body acted in
2-10     reasonable reliance on a court order or a written interpretation of
2-11     this chapter contained in an opinion of a court of record, the
2-12     attorney general, or the attorney for the governmental body.
2-13           SECTION 4.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended,
2-18     and that this Act take effect and be in force from and after its
2-19     passage, and it is so enacted.
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