1-1 By: Madla S.B. No. 559
1-2 (In the Senate - Filed February 6, 2001; February 7, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 1, 2001, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; March 1, 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 to certain
1-9 committees, subcommittees, and similar entities that are created by
1-10 the governing body of a municipality.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivisions (3) and (4), Section 551.001,
1-13 Government Code, are amended 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:
1-21 (i) municipal governing body in the state;
1-22 or
1-23 (ii) committee, subcommittee, or other
1-24 similar entity that is created by a municipal governing body, if a
1-25 majority of the members of the committee, subcommittee, or similar
1-26 entity are members of the municipal governing body;
1-27 (D) a deliberative body that has rulemaking or
1-28 quasi-judicial power and that is classified as a department,
1-29 agency, or political subdivision of a county or municipality;
1-30 (E) a school district board of trustees;
1-31 (F) a county board of school trustees;
1-32 (G) a county board of education;
1-33 (H) the governing board of a special district
1-34 created by law; and
1-35 (I) a nonprofit corporation organized under
1-36 Chapter 67, Water Code, that provides a water supply or wastewater
1-37 service, or both, and is exempt from ad valorem taxation under
1-38 Section 11.30, Tax Code.
1-39 (4) "Meeting" means:
1-40 (A) a deliberation between a quorum of a
1-41 governmental body, or between a quorum of a governmental body and
1-42 another person, during which public business or public policy over
1-43 which the governmental body has supervision or control is discussed
1-44 or considered or during which the governmental body takes formal
1-45 action; [or]
1-46 (B) except as otherwise provided by this
1-47 subdivision, a gathering:
1-48 (i) that is conducted by the governmental
1-49 body or for which the governmental body is responsible;
1-50 (ii) at which a quorum of members of the
1-51 governmental body is present;
1-52 (iii) that has been called by the
1-53 governmental body; and
1-54 (iv) at which the members receive
1-55 information from, give information to, ask questions of, or receive
1-56 questions from any third person, including an employee of the
1-57 governmental body, about the public business or public policy over
1-58 which the governmental body has supervision or control. The term
1-59 does not include the gathering of a quorum of a governmental body
1-60 at a social function unrelated to the public business that is
1-61 conducted by the body, or the attendance by a quorum of a
1-62 governmental body at a regional, state, or national convention or
1-63 workshop, if formal action is not taken and any discussion of
1-64 public business is incidental to the social function, convention,
2-1 or workshop. The term includes a session of a governmental body;
2-2 or
2-3 (C) a deliberation between a quorum of a
2-4 governmental body described by Subdivision (3)(C)(ii).
2-5 SECTION 2. This Act takes effect September 1, 2001.
2-6 * * * * *