By Glaze H.B. No. 2557
76R6672 JRD-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 entities that are parties to contracts with or that
1-4 receive certain grants from the state.
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 receives public funds or is a
2-8 recipient of a grant of money from this state that is conditioned
2-9 on the entity's performance of a function or service; and
2-10 (ii) engages or proposes to engage in a
2-11 deliberation relating to:
2-12 (a) the contract or grant
2-13 or a matter pertaining to the contract or grant;
2-14 (b) the providing by the
2-15 entity of a service under that contract or grant; or
2-16 (c) the performing by the
2-17 entity of a duty under that contract or grant.
2-18 SECTION 2. Section 552.003(1), Government Code, is amended
2-19 to read as follows:
2-20 (1) "Governmental body":
2-21 (A) means:
2-22 (i) a board, commission, department,
2-23 committee, institution, agency, or office that is within or is
2-24 created by the executive or legislative branch of state government
2-25 and that is directed by one or more elected or appointed members;
2-26 (ii) a county commissioners court in the
2-27 state;
3-1 (iii) a municipal governing body in the
3-2 state;
3-3 (iv) a deliberative body that has
3-4 rulemaking or quasi-judicial power and that is classified as a
3-5 department, agency, or political subdivision of a county or
3-6 municipality;
3-7 (v) a school district board of trustees;
3-8 (vi) a county board of school trustees;
3-9 (vii) a county board of education;
3-10 (viii) the governing board of a special
3-11 district;
3-12 (ix) the governing body of a nonprofit
3-13 corporation organized under Chapter 67, Water Code [76, Acts of the
3-14 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
3-15 Texas Civil Statutes)], that provides a water supply or wastewater
3-16 service, or both, and is exempt from ad valorem taxation under
3-17 Section 11.30, Tax Code; [and]
3-18 (x) the part, section, or portion of an
3-19 organization, corporation, commission, committee, institution, or
3-20 agency that spends or that is supported in whole or in part by
3-21 public funds; and
3-22 (xi) an entity, or the part, section, or
3-23 portion of an entity, that is a party to a contract with this state
3-24 under which the entity, or that part, section, or portion of that
3-25 entity, receives public funds or that is a recipient of a grant of
3-26 money from this state that is conditioned on the performance of a
3-27 function or service; and
4-1 (B) does not include the judiciary.
4-2 SECTION 3. (a) This Act takes effect September 1, 1999.
4-3 (b) The change in law made by Section 1 of this Act applies
4-4 only to a deliberation of the governing body of an entity that is a
4-5 party to a contract with or the recipient of a grant from this
4-6 state that begins on or after September 4, 1999. A deliberation of
4-7 the governing body of an entity that is a party to a contract with
4-8 or the recipient of a grant from this state that begins before
4-9 September 4, 1999, is covered by the applicable law in effect when
4-10 the deliberation begins, and the former law is continued in effect
4-11 for that purpose.
4-12 (c) The change in law made by Section 2 of this Act applies
4-13 to information held by an entity, or a part, section, or portion of
4-14 an entity, regardless of when the information was collected or
4-15 assembled.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.