1-1 By: Glaze (Senate Sponsor - Ratliff) H.B. No. 2557
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 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 7, 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 and the open
1-9 records law to certain entities eligible to receive funds under the
1-10 federal community services block grant program.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 551.001(3), Government Code, is amended
1-13 to read as follows:
1-14 (3) "Governmental body" means:
1-15 (A) a board, commission, department, committee,
1-16 or agency within the executive or legislative branch of state
1-17 government that is directed by one or more elected or appointed
1-18 members;
1-19 (B) a county commissioners court in the state;
1-20 (C) a municipal governing body in the state;
1-21 (D) a deliberative body that has rulemaking or
1-22 quasi-judicial power and that is classified as a department,
1-23 agency, or political subdivision of a county or municipality;
1-24 (E) a school district board of trustees;
1-25 (F) a county board of school trustees;
1-26 (G) a county board of education;
1-27 (H) the governing board of a special district
1-28 created by law; [and]
1-29 (I) a nonprofit corporation organized under
1-30 Chapter 67, Water Code [76, Acts of the 43rd Legislature, 1st
1-31 Called Session, 1933 (Article 1434a, Vernon's Texas Civil
1-32 Statutes)], that provides a water supply or wastewater service, or
1-33 both, and is exempt from ad valorem taxation under Section 11.30,
1-34 Tax Code; and
1-35 (J) a nonprofit corporation that is eligible to
1-36 receive funds under the federal community services block grant
1-37 program and that is authorized by this state to serve a geographic
1-38 area of the state.
1-39 SECTION 2. Section 552.003(1), Government Code, is amended
1-40 to read as follows:
1-41 (1) "Governmental body":
1-42 (A) means:
1-43 (i) a board, commission, department,
1-44 committee, institution, agency, or office that is within or is
1-45 created by the executive or legislative branch of state government
1-46 and that is directed by one or more elected or appointed members;
1-47 (ii) a county commissioners court in the
1-48 state;
1-49 (iii) a municipal governing body in the
1-50 state;
1-51 (iv) a deliberative body that has
1-52 rulemaking or quasi-judicial power and that is classified as a
1-53 department, agency, or political subdivision of a county or
1-54 municipality;
1-55 (v) a school district board of trustees;
1-56 (vi) a county board of school trustees;
1-57 (vii) a county board of education;
1-58 (viii) the governing board of a special
1-59 district;
1-60 (ix) the governing body of a nonprofit
1-61 corporation organized under Chapter 67, Water Code [76, Acts of the
1-62 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's
1-63 Texas Civil Statutes)], that provides a water supply or wastewater
1-64 service, or both, and is exempt from ad valorem taxation under
2-1 Section 11.30, Tax Code; [and]
2-2 (x) the part, section, or portion of an
2-3 organization, corporation, commission, committee, institution, or
2-4 agency that spends or that is supported in whole or in part by
2-5 public funds; and
2-6 (xi) a nonprofit corporation that is
2-7 eligible to receive funds under the federal community services
2-8 block grant program and that is authorized by this state to serve a
2-9 geographic area of the state; and
2-10 (B) does not include the judiciary.
2-11 SECTION 3. (a) This Act takes effect September 1, 1999.
2-12 (b) The change in law to Section 551.001, Government Code,
2-13 made by this Act applies only to a deliberation of the governing
2-14 body of a nonprofit corporation that is eligible to receive funds
2-15 under the federal community services block grant program and that
2-16 is authorized by this state to serve a geographic area of the state
2-17 that begins on or after September 4, 1999. A deliberation of such a
2-18 governing body that begins before September 4, 1999, is covered by
2-19 the applicable law in effect when the deliberation begins, and the
2-20 former law is continued in effect for that purpose.
2-21 (c) The change in law to Section 552.003, Government Code,
2-22 made by this Act applies to information held by a nonprofit
2-23 corporation that is eligible to receive funds under the federal
2-24 community services block grant program and that is authorized by
2-25 this state to serve a geographic area of the state regardless of
2-26 when the information was collected or assembled.
2-27 SECTION 4. The importance of this legislation and the
2-28 crowded condition of the calendars in both houses create an
2-29 emergency and an imperative public necessity that the
2-30 constitutional rule requiring bills to be read on three several
2-31 days in each house be suspended, and this rule is hereby suspended.
2-32 * * * * *