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.
 1-6           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.