C.S.H.B. 2004 78(R) BILL ANALYSIS C.S.H.B. 2004 By: Marchant State Affairs Committee Report (Substituted) BACKGROUND 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. The purpose of C.S.H.B. 2004 is to authorize 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 It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a state officer, department, institution, or agency. ANALYSIS C.S.H.B. 2004 amends Subchapter D, Chapter 551, of the Government Code to authorize 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, 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. EFFECTIVE DATE Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill applied to all governmental bodies, whereas the substitute applies only to commissioners courts of counties with a population of 400,000 or more. The original bill applied to any proposed contract, whereas the substitute applies only to a contract being negotiated. The substitute authorizes a closed meeting only 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. The original bill included no analogous provision.