By Gallego                                            H.B. No. 1056
         77R1252 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the composition and operation of the general
 1-3     investigating committee of the House of Representatives and to the
 1-4     appearance of members of a governmental body before a legislative
 1-5     committee.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 301.017(c), Government Code, is amended
 1-8     to read as follows:
 1-9           (c)  The house general investigating committee must consist
1-10     of nine [five] house members appointed by the speaker. The speaker
1-11     shall designate a committee member as chairman.
1-12           SECTION 2.  Section 301.020, Government Code, is amended by
1-13     adding Subsection (e) to read as follows:
1-14           (e)  Information in the custody or control of a general
1-15     investigatory committee that, if released, would interfere with or
1-16     compromise an investigation, study, or other legitimate function of
1-17     the committee is confidential and not subject to public disclosure.
1-18     The committee may waive the confidentiality provided by this
1-19     subsection as the committee determines appropriate.  The
1-20     confidentiality provided by this subsection is in addition to any
1-21     other confidentiality or privilege provided by law applicable to
1-22     information in the custody or control of the committee.
1-23           SECTION 3.  Subchapter C, Chapter 551, Government Code, is
1-24     amended by adding Section 551.0465 to read as follows:
 2-1           Sec. 551.0465.  EXCEPTION TO GENERAL RULE: APPEARANCE OF
 2-2     GOVERNMENTAL BODY BEFORE LEGISLATIVE COMMITTEE.  (a)  The public
 2-3     notice requirements of this chapter do not apply to a governmental
 2-4     body when a quorum of the members of the governmental body appear
 2-5     as witnesses at a public meeting of a committee of the legislature
 2-6     and engage in a public discussion before the committee of an issue
 2-7     within the jurisdiction of the governmental body or other public
 2-8     business if:
 2-9                 (1)  public notice of the committee meeting is given as
2-10     required by law;
2-11                 (2)  the public notice states that members of the
2-12     governmental body are to appear as witnesses at the meeting and
2-13     describes the subject or purpose for which the members of the
2-14     governmental body are to testify; and
2-15                 (3)  the members of the governmental body do not engage
2-16     in a discussion before the committee of any matter not included
2-17     within the public notice.
2-18           (b)  The members of a governmental body appearing as
2-19     witnesses before a committee under this section without providing
2-20     public notice of the meeting of the governmental body may not take
2-21     formal action on any matter within the jurisdiction of the
2-22     governmental body.
2-23           SECTION 4.  (a)  This Act takes effect immediately if it
2-24     receives a vote of two-thirds of all the members elected to each
2-25     house, as provided by Section 39, Article III, Texas Constitution.
2-26     If this Act does not receive the vote necessary for immediate
2-27     effect, this Act takes effect September 1, 2001.
 3-1           (b)  The speaker of the house of representatives shall
 3-2     appoint the appropriate number of additional members of the house
 3-3     general investigating committee to comply with Section 301.017(c),
 3-4     Government Code, as amended by this Act, as soon as practicable
 3-5     after the effective date of this Act.