SRC-BWC, TBR S.B. 170 77(R)BILL ANALYSIS


Senate Research CenterS.B. 170
By: Wentworth
Administration
6/7/2001
Enrolled


DIGEST AND PURPOSE 

According to a recent attorney general's opinion, the attendance by a
quorum of the members of the board of a state governmental body at a
legislative hearing is subject  to the Open Meetings Act if one or more of
the members participates in a discussion of matters within the board's
jurisdiction.  S.B. 170 provides an exception to the Open Meetings Act for
the attendance by a quorum of a governmental body at a meeting of a
legislative committee if the deliberations of the members consist only of
publicly testifying, publicly commenting, or publicly responding to a
question at the meeting. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 551A, Government Code, by adding Section 551.0035
as follows: 

Sec. 551.0035.  ATTENDANCE BY GOVERNMENTAL BODY AT LEGISLATIVE COMMITTEE OR
AGENCY MEETING.  (a)  Provides that this section applies only to the
attendance by a quorum of a governmental body at a meeting of a committee
or agency of the legislature.  Provides that this section does not apply to
attendance at the meeting by members of the legislative committee or agency
holding the meeting. 

(b)  Provides that attendance by a quorum of a governmental body at a
meeting of a committee or agency of the legislature is not considered to be
a meeting of that governmental body if the deliberations at the meeting by
the members of that governmental body consist only of publicly testifying
at the meeting, publicly commenting at the meeting, and publicly responding
at the meeting to a question asked by a member of the legislative committee
or agency. 

SECTION 2.  Effective date:  upon passage or September 1, 2001.