By Madla S.B. No. 559
77R5814 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the open meetings law to certain
1-3 committees, subcommittees, and similar entities that are created by
1-4 the governing body of a municipality.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 551.001(3) and (4), Government Code, are
1-7 amended to read as follows:
1-8 (3) "Governmental body" means:
1-9 (A) a board, commission, department, committee,
1-10 or agency within the executive or legislative branch of state
1-11 government that is directed by one or more elected or appointed
1-12 members;
1-13 (B) a county commissioners court in the state;
1-14 (C) a:
1-15 (i) municipal governing body in the state;
1-16 or
1-17 (ii) committee, subcommittee, or other
1-18 similar entity that is created by a municipal governing body, if a
1-19 majority of the members of the committee, subcommittee, or similar
1-20 entity are members of the municipal governing body;
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;
2-1 (F) a county board of school trustees;
2-2 (G) a county board of education;
2-3 (H) the governing board of a special district
2-4 created by law; and
2-5 (I) a nonprofit corporation organized under
2-6 Chapter 67, Water Code, that provides a water supply or wastewater
2-7 service, or both, and is exempt from ad valorem taxation under
2-8 Section 11.30, Tax Code.
2-9 (4) "Meeting" means:
2-10 (A) a deliberation between a quorum of a
2-11 governmental body, or between a quorum of a governmental body and
2-12 another person, during which public business or public policy over
2-13 which the governmental body has supervision or control is discussed
2-14 or considered or during which the governmental body takes formal
2-15 action; [or]
2-16 (B) except as otherwise provided by this
2-17 subdivision, a gathering:
2-18 (i) that is conducted by the governmental
2-19 body or for which the governmental body is responsible;
2-20 (ii) at which a quorum of members of the
2-21 governmental body is present;
2-22 (iii) that has been called by the
2-23 governmental body; and
2-24 (iv) at which the members receive
2-25 information from, give information to, ask questions of, or receive
2-26 questions from any third person, including an employee of the
2-27 governmental body, about the public business or public policy over
3-1 which the governmental body has supervision or control. The term
3-2 does not include the gathering of a quorum of a governmental body
3-3 at a social function unrelated to the public business that is
3-4 conducted by the body, or the attendance by a quorum of a
3-5 governmental body at a regional, state, or national convention or
3-6 workshop, if formal action is not taken and any discussion of
3-7 public business is incidental to the social function, convention,
3-8 or workshop. The term includes a session of a governmental body;
3-9 or
3-10 (C) a deliberation between a quorum of a
3-11 governmental body described by Subdivision (3)(C)(ii).
3-12 SECTION 2. This Act takes effect September 1, 2001.