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 eligible to receive funds under the
1-4 federal community services block grant program.
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) a nonprofit corporation that is eligible to
2-6 receive funds under the federal community services block grant
2-7 program and that is authorized by this state to serve a geographic
2-8 area of the state.
2-9 SECTION 2. Section 552.003(1), Government Code, is amended
2-10 to read as follows:
2-11 (1) "Governmental body":
2-12 (A) means:
2-13 (i) a board, commission, department,
2-14 committee, institution, agency, or office that is within or is
2-15 created by the executive or legislative branch of state government
2-16 and that is directed by one or more elected or appointed members;
2-17 (ii) a county commissioners court in the
2-18 state;
2-19 (iii) a municipal governing body in the
2-20 state;
2-21 (iv) a deliberative body that has
2-22 rulemaking or quasi-judicial power and that is classified as a
2-23 department, agency, or political subdivision of a county or
2-24 municipality;
2-25 (v) a school district board of trustees;
2-26 (vi) a county board of school trustees;
2-27 (vii) a county board of education;
3-1 (viii) the governing board of a special
3-2 district;
3-3 (ix) the governing body of a nonprofit
3-4 corporation organized under Chapter 67, Water Code [76, Acts of the
3-5 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-6 Texas Civil Statutes)], that provides a water supply or wastewater
3-7 service, or both, and is exempt from ad valorem taxation under
3-8 Section 11.30, Tax Code; [and]
3-9 (x) the part, section, or portion of an
3-10 organization, corporation, commission, committee, institution, or
3-11 agency that spends or that is supported in whole or in part by
3-12 public funds; and
3-13 (xi) a nonprofit corporation that is
3-14 eligible to receive funds under the federal community services
3-15 block grant program and that is authorized by this state to serve a
3-16 geographic area of the state; and
3-17 (B) does not include the judiciary.
3-18 SECTION 3. (a) This Act takes effect September 1, 1999.
3-19 (b) The change in law to Section 551.001, Government Code,
3-20 made by this Act applies only to a deliberation of the governing
3-21 body of a nonprofit corporation that is eligible to receive funds
3-22 under the federal community services block grant program and that
3-23 is authorized by this state to serve a geographic area of the state
3-24 that begins on or after September 4, 1999. A deliberation of such a
3-25 governing body that begins before September 4, 1999, is covered by
3-26 the applicable law in effect when the deliberation begins, and the
3-27 former law is continued in effect for that purpose.
4-1 (c) The change in law to Section 552.003, Government Code,
4-2 made by this Act applies to information held by a nonprofit
4-3 corporation that is eligible to receive funds under the federal
4-4 community services block grant program and that is authorized by
4-5 this state to serve a geographic area of the state regardless of
4-6 when the information was collected or assembled.
4-7 SECTION 4. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2557 was passed by the House on May
11, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2557 was passed by the Senate on May
25, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor