SRC-TJG H.B. 2004 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2004
78R12287 JRD-FBy: Marchant (Van de Putte)
Intergovernmental Relations
5/19/2003
Engrossed


DIGEST AND PURPOSE 

The Open Meetings Act provides that meetings of governmental bodies must
be open to the public, except for expressly authorized executive sessions.
These express authorizations include, for example, deliberations on real
property and contracts for prospective gifts or donations; and
consultation with a governmental body attorney to seek advice on pending
or contemplated litigation or settlement offers.  Currently, executive
sessions are not expressly authorized to deliberate business and financial
considerations relating to a contract being negotiated. Conducting such
deliberations in an open meeting can undermine the negotiating posture of
a governmental entity, thereby resulting in a greater expenditure of
public funds than may be necessary.  H.B. 2004 authorizes the
commissioners courts of counties with a population of 400,000 or more to
conduct a closed meeting to deliberate business and financial
considerations relating to a contract being negotiated. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 551, Government Code, by adding
Section 551.0725, as follows: 

Sec. 551.0725.  CERTAIN COMMISSIONERS COURTS: DELIBERATION REGARDING
CONTRACT BEING NEGOTIATED; CLOSED MEETING.  Authorizes the commissioners
court of a county with a population of 400,000 or more to conduct a closed
meeting to deliberate business and financial issues relating to a contract
being negotiated if, before conducting the closed meeting, the
commissioners court votes unanimously that deliberation in an open meeting
would have a detrimental effect on the position of the commissioners court
in negotiations with a third person and the attorney advising the
commissioners court issues a written determination that deliberation in an
open meeting would have a detrimental effect on the position of the
commissioners court in negotiations with a third person. 

SECTION 2.  Effective date: upon passage or September 1, 2003