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.
2-20 * * * * *