HBA-SEP S.B. 390 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 390
By: Wentworth
State Affairs
5/11/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas lottery commissioners are prohibited from discussing the
negotiation of the lottery operator contract except during a properly
posted meeting.  This eliminates the opportunity to plan and discuss
strategy aside from that which occurs in the presence of the person with
whom negotiations are being conducted.  Senate Bill 390 permits a closed
meeting to negotiate an operator's contract if the Texas Lottery Commission
(commission) determines that an open meeting would have a detrimental
effect on the commission's position during negotiations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 390 amends the Government Code to provide that the open meeting
requirement does not apply to a closed meeting of the Texas Lottery
Commission (commission) relating to the negotiation of a lottery operator's
contract if the commission determines, in writing, that an open meeting
would have a detrimental effect on the commission's position in the
negotiations.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.