1-1 By: Glaze (Senate Sponsor - Wentworth) H.B. No. 371
1-2 (In the Senate - Received from the House April 27, 2001;
1-3 April 30, 2001, read first time and referred to Committee on State
1-4 Affairs; May 9, 2001, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 9, 2001, 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, that provides a water supply or wastewater
1-31 service, or both, and is exempt from ad valorem taxation under
1-32 Section 11.30, Tax Code; and
1-33 (J) a nonprofit corporation that is eligible to
1-34 receive funds under the federal community services block grant
1-35 program and that is authorized by this state to serve a geographic
1-36 area of the state.
1-37 SECTION 2. Section 552.003(1), Government Code, is amended
1-38 to read as follows:
1-39 (1) "Governmental body":
1-40 (A) means:
1-41 (i) a board, commission, department,
1-42 committee, institution, agency, or office that is within or is
1-43 created by the executive or legislative branch of state government
1-44 and that is directed by one or more elected or appointed members;
1-45 (ii) a county commissioners court in the
1-46 state;
1-47 (iii) a municipal governing body in the
1-48 state;
1-49 (iv) a deliberative body that has
1-50 rulemaking or quasi-judicial power and that is classified as a
1-51 department, agency, or political subdivision of a county or
1-52 municipality;
1-53 (v) a school district board of trustees;
1-54 (vi) a county board of school trustees;
1-55 (vii) a county board of education;
1-56 (viii) the governing board of a special
1-57 district;
1-58 (ix) the governing body of a nonprofit
1-59 corporation organized under Chapter 67, Water Code, that provides a
1-60 water supply or wastewater service, or both, and is exempt from ad
1-61 valorem taxation under Section 11.30, Tax Code; [and]
1-62 (x) the part, section, or portion of an
1-63 organization, corporation, commission, committee, institution, or
1-64 agency that spends or that is supported in whole or in part by
2-1 public funds; and
2-2 (xi) a nonprofit corporation that is
2-3 eligible to receive funds under the federal community services
2-4 block grant program and that is authorized by this state to serve a
2-5 geographic area of the state; and
2-6 (B) does not include the judiciary.
2-7 SECTION 3. (a) This Act takes effect September 1, 2001.
2-8 (b) The change in law to Section 551.001, Government Code,
2-9 made by this Act applies only to a deliberation of the governing
2-10 body of a nonprofit corporation that is eligible to receive funds
2-11 under the federal community services block grant program and that
2-12 is authorized by this state to serve a geographic area of the state
2-13 that begins on or after September 4, 2001. A deliberation of such
2-14 a governing body that begins before September 4, 2001, is covered
2-15 by the applicable law in effect when the deliberation begins, and
2-16 the former law is continued in effect for that purpose.
2-17 (c) The change in law to Section 552.003, Government Code,
2-18 made by this Act applies to information held by a nonprofit
2-19 corporation that is eligible to receive funds under the federal
2-20 community services block grant program and that is authorized by
2-21 this state to serve a geographic area of the state regardless of
2-22 when the information was collected or assembled.
2-23 * * * * *