SRC-JLB, TJG C.S.H.B. 2004 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2004
By: Marchant (Van de Putte)
Intergovernmental Relations
5/20/2003
Committee Report (Substituted)


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.  C.S.H.B. 2004 authorizes the
commissioners courts of a county 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.  COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT
BEING NEGOTIATED; CLOSED MEETING.  Authorizes the commissioners court of a
county 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.