By Maxey                                               H.B. No. 596
         76R3420 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the open meetings law and the open
 1-3     records law to certain entities that are parties to certain
 1-4     contracts with the State of Texas.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 551.001(3), Government Code, is amended
 1-7     to read as follows:
 1-8                 (3)  "Governmental body" means:
 1-9                       (A)  a board, commission, department, committee,
1-10     or agency within the executive or legislative branch of state
1-11     government that is directed by one or more elected or appointed
1-12     members;
1-13                       (B)  a county commissioners court in the state;
1-14                       (C)  a municipal governing body in the state;
1-15                       (D)  a deliberative body that has rulemaking or
1-16     quasi-judicial power and that is classified as a department,
1-17     agency, or political subdivision of a county or municipality;
1-18                       (E)  a school district board of trustees;
1-19                       (F)  a county board of school trustees;
1-20                       (G)  a county board of education;
1-21                       (H)  the governing board of a special district
1-22     created by law; [and]
1-23                       (I)  a nonprofit corporation organized under
1-24     Chapter 67, Water Code [76, Acts of the 43rd Legislature, 1st
 2-1     Called Session, 1933 (Article 1434a, Vernon's Texas Civil
 2-2     Statutes)], that provides a water supply or wastewater service, or
 2-3     both, and is exempt from ad valorem taxation under Section 11.30,
 2-4     Tax Code; and
 2-5                       (J)  the governing body of an entity that:
 2-6                             (i)  is a party to a contract with this
 2-7     state under which the entity:
 2-8                                            (a)  provides a service,
 2-9     including the provision of an integrated eligibility determination
2-10     and service delivery system for health and human services, or
2-11     performs a duty that was formerly provided or performed by this
2-12     state or an agency of this state; or
2-13                                            (b)  operates a lottery
2-14     under Chapter 466; and
2-15                             (ii)  engages or proposes to engage in a
2-16     deliberation relating to:
2-17                                            (a)  the contract or a
2-18     matter pertaining to the contract;
2-19                                            (b)  the providing by the
2-20     entity of a service under that contract; or
2-21                                            (c)  the performing by the
2-22     entity of a duty under that contract.
2-23           SECTION 2.  Section 552.003(1), Government Code, is amended
2-24     to read as follows:
2-25                 (1)  "Governmental body":
2-26                       (A)  means:
2-27                             (i)  a board, commission, department,
 3-1     committee, institution, agency, or office that is within or is
 3-2     created by the executive or legislative branch of state government
 3-3     and that is directed by one or more elected or appointed members;
 3-4                             (ii)  a county commissioners court in the
 3-5     state;
 3-6                             (iii)  a municipal governing body in the
 3-7     state;
 3-8                             (iv)  a deliberative body that has
 3-9     rulemaking or quasi-judicial power and that is classified as a
3-10     department, agency, or political subdivision of a county or
3-11     municipality;
3-12                             (v)  a school district board of trustees;
3-13                             (vi)  a county board of school trustees;
3-14                             (vii)  a county board of education;
3-15                             (viii)  the governing board of a special
3-16     district;
3-17                             (ix)  the governing body of a nonprofit
3-18     corporation organized under Chapter 67, Water Code [76, Acts of the
3-19     43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-20     Texas Civil Statutes)], that provides a water supply or wastewater
3-21     service, or both, and is exempt from ad valorem taxation under
3-22     Section 11.30, Tax Code; [and]
3-23                             (x)  the part, section, or portion of an
3-24     organization, corporation, commission, committee, institution, or
3-25     agency that spends or that is supported in whole or in part by
3-26     public funds; and
3-27                             (xi)  an entity, or the part, section, or
 4-1     portion of an entity that is a party to a contract with this state
 4-2     under which the entity, or that part, section, or portion of that
 4-3     entity:
 4-4                                            (a)  provides a service,
 4-5     including the provision of an integrated eligibility determination
 4-6     and service delivery system for health and human services, or
 4-7     performs a duty that was formerly provided or performed by this
 4-8     state or an agency of this state; or
 4-9                                            (b)  operates a lottery
4-10     under Chapter 466; and
4-11                       (B)  does not include the judiciary.
4-12           SECTION 3.  (a)  This Act takes effect September 1, 1999.
4-13           (b)  The change in law made by Section 1 of this Act applies
4-14     only to a deliberation of the governing body of an entity that is a
4-15     party to a contract with this state that begins on or after
4-16     September 4, 1999.  A deliberation of the governing body of an
4-17     entity that is a party to a contract with this state that begins
4-18     before September 4, 1999, is covered by the law in effect when the
4-19     deliberation begins, and the former law is continued in effect for
4-20     that purpose.
4-21           (c)  The change in law made by Section 2 of this Act applies
4-22     to information held by an entity, or a part, section, or portion of
4-23     an entity, regardless of when the information was collected or
4-24     assembled.
4-25           SECTION 4.  The importance of this legislation and the
4-26     crowded condition of the calendars in both houses create an
4-27     emergency and an imperative public necessity that the
 5-1     constitutional rule requiring bills to be read on three several
 5-2     days in each house be suspended, and this rule is hereby suspended.