1-1 By: Solis (Senate Sponsor - Van de Putte) H.B. No. 936
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1
1-7 Amend H.B. 936 by striking SECTION 6 of the bill and
1-8 renumbering the subsequent sections appropriately.
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the application of certain laws to local workforce
1-12 development boards and to the application of certain conflict of
1-13 interest requirements to the members of those boards.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 551.001(3), Government Code, is amended to
1-16 read as follows:
1-17 (3) "Governmental body" means:
1-18 (A) a board, commission, department, committee,
1-19 or agency within the executive or legislative branch of state
1-20 government that is directed by one or more elected or appointed
1-21 members;
1-22 (B) a county commissioners court in the state;
1-23 (C) a municipal governing body in the state;
1-24 (D) a deliberative body that has rulemaking or
1-25 quasi-judicial power and that is classified as a department,
1-26 agency, or political subdivision of a county or municipality;
1-27 (E) a school district board of trustees;
1-28 (F) a county board of school trustees;
1-29 (G) a county board of education;
1-30 (H) the governing board of a special district
1-31 created by law; [and]
1-32 (I) a local workforce development board created
1-33 under Section 2308.253; and
1-34 (J) a nonprofit corporation organized under
1-35 Chapter 67, Water Code, that provides a water supply or wastewater
1-36 service, or both, and is exempt from ad valorem taxation under
1-37 Section 11.30, Tax Code.
1-38 SECTION 2. Section 552.003(1), Government Code, is amended to
1-39 read as follows:
1-40 (1) "Governmental body":
1-41 (A) means:
1-42 (i) a board, commission, department,
1-43 committee, institution, agency, or office that is within or is
1-44 created by the executive or legislative branch of state government
1-45 and that is directed by one or more elected or appointed members;
1-46 (ii) a county commissioners court in the
1-47 state;
1-48 (iii) a municipal governing body in the
1-49 state;
1-50 (iv) a deliberative body that has
1-51 rulemaking or quasi-judicial power and that is classified as a
1-52 department, agency, or political subdivision of a county or
1-53 municipality;
1-54 (v) a school district board of trustees;
1-55 (vi) a county board of school trustees;
1-56 (vii) a county board of education;
1-57 (viii) the governing board of a special
1-58 district;
1-59 (ix) a local workforce development board
1-60 created under Section 2308.253;
1-61 (x) [(ix)] the governing body of a
1-62 nonprofit corporation organized under Chapter 67, Water Code, that
1-63 provides a water supply or wastewater service, or both, and is
2-1 exempt from ad valorem taxation under Section 11.30, Tax Code; and
2-2 (xi) [(x)] the part, section, or portion
2-3 of an organization, corporation, commission, committee,
2-4 institution, or agency that spends or that is supported in whole or
2-5 in part by public funds; and
2-6 (B) does not include the judiciary.
2-7 SECTION 3. Section 771.002(1), Government Code, is amended to
2-8 read as follows:
2-9 (1) "Agency" includes:
2-10 (A) a department, board, bureau, commission,
2-11 court, office, authority, council, or institution;
2-12 (B) a university, college, or any service or
2-13 part of a state institution of higher education; [and]
2-14 (C) a local workforce development board created
2-15 under Section 2308.253; and
2-16 (D) any statewide job or employment training
2-17 program for disadvantaged youth that is substantially financed by
2-18 federal funds and that was created by executive order not later
2-19 than December 30, 1986.
2-20 SECTION 4. Section 271.081, Local Government Code, is amended
2-21 to read as follows:
2-22 Sec. 271.081. DEFINITION. In this subchapter, "local
2-23 government" means a county, municipality, special district, school
2-24 district, junior college district, a local workforce development
2-25 board created under Section 2308.253, Government Code, or other
2-26 legally constituted political subdivision of the state.
2-27 SECTION 5. Section 2175.001(1), Government Code, is amended
2-28 to read as follows:
2-29 (1) "Assistance organization" means:
2-30 (A) a nonprofit organization that provides
2-31 educational, health, or human services or assistance to homeless
2-32 individuals;
2-33 (B) a nonprofit food bank that solicits,
2-34 warehouses, and redistributes edible but unmarketable food to an
2-35 agency that feeds needy families and individuals;
2-36 (C) Texas Partners of the Americas, a registered
2-37 agency with the Advisory Committee on Voluntary Foreign Aid, with
2-38 the approval of the Partners of the Alliance office of the Agency
2-39 for International Development; [and]
2-40 (D) a group, including a faith-based group, that
2-41 enters into a financial or nonfinancial agreement with a health or
2-42 human services agency to provide services to that agency's clients;
2-43 and
2-44 (E) a local workforce development board created
2-45 under Section 2308.253.
2-46 SECTION 6. Section 171.001(1), Local Government Code, is
2-47 amended to read as follows:
2-48 (1) "Local public official" means a member of the
2-49 governing body or another officer, whether elected, appointed,
2-50 paid, or unpaid, of any district (including a school district),
2-51 county, municipality, precinct, central appraisal district, transit
2-52 authority or district, or other local governmental entity who
2-53 exercises responsibilities beyond those that are advisory in
2-54 nature, including a local workforce development board created under
2-55 Section 2308.253, Government Code.
2-56 SECTION 7. Section 2308.257, Government Code, is amended to
2-57 read as follows:
2-58 Sec. 2308.257. RECUSAL. (a) A member of a board shall avoid
2-59 the appearance of conflict of interest by not voting in, or
2-60 participating in, any decision by the board regarding the provision
2-61 of services by such member, or any organization which that member
2-62 directly represents, or on any matter which would provide direct
2-63 financial benefit to that member, the member's immediate family, or
2-64 any organization which that member directly represents.
2-65 (b) Subsection (a) shall serve as a minimum standard and
2-66 shall not be construed as to limit the board's authority for more
2-67 restrictive governance to prevent real and/or apparent conflict of
2-68 interest. [A member of a board shall avoid the appearance of
2-69 conflict of interest by not voting in a vote of the board that
3-1 directly affects the funding of the member's organization or of any
3-2 organization the member represents.]
3-3 SECTION 8. This Act takes effect September 1, 2001.
3-4 * * * * *