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78R7074 JD-D
By: Bailey H.B. No. 2643
A BILL TO BE ENTITLED
AN ACT
relating to the application of the open meetings law and the open
records law to certain entities that are parties to certain
contracts with this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.001(3), Government Code, as amended
by Chapters 633 and 1004, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
(3) "Governmental body" means:
(A) a board, commission, department, committee,
or agency within the executive or legislative branch of state
government that is directed by one or more elected or appointed
members;
(B) a county commissioners court in the state;
(C) a municipal governing body in the state;
(D) a deliberative body that has rulemaking or
quasi-judicial power and that is classified as a department,
agency, or political subdivision of a county or municipality;
(E) a school district board of trustees;
(F) a county board of school trustees;
(G) a county board of education;
(H) the governing board of a special district
created by law;
(I) a local workforce development board created
under Section 2308.253; [and]
(J) a nonprofit corporation that is eligible to
receive funds under the federal community services block grant
program and that is authorized by this state to serve a geographic
area of the state;
(K) [(J)] a nonprofit corporation organized
under Chapter 67, Water Code, that provides a water supply or
wastewater service, or both, and is exempt from ad valorem taxation
under Section 11.30, Tax Code; and
(L) the governing body of an entity that:
(i) is a party to a contract with this state
under which the entity provides a service, including the provision
of an integrated eligibility determination and service delivery
system for health and human services, or performs a duty that was
formerly provided or performed by this state or an agency of this
state; and
(ii) engages or proposes to engage in a
deliberation relating to:
(a) the contract or a matter relating
to the contract;
(b) the providing by the entity of a
service under that contract; or
(c) the performing by the entity of a
duty under that contract.
SECTION 2. Section 552.003(1), Government Code, as amended
by Chapters 633 and 1004, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
(1) "Governmental body":
(A) means:
(i) a board, commission, department,
committee, institution, agency, or office that is within or is
created by the executive or legislative branch of state government
and that is directed by one or more elected or appointed members;
(ii) a county commissioners court in the
state;
(iii) a municipal governing body in the
state;
(iv) a deliberative body that has
rulemaking or quasi-judicial power and that is classified as a
department, agency, or political subdivision of a county or
municipality;
(v) a school district board of trustees;
(vi) a county board of school trustees;
(vii) a county board of education;
(viii) the governing board of a special
district;
(ix) the governing body of a nonprofit
corporation organized under Chapter 67, Water Code, that provides a
water supply or wastewater service, or both, and is exempt from ad
valorem taxation under Section 11.30, Tax Code;
(x) [(ix)] a local workforce development
board created under Section 2308.253;
[(x) the part, section, or portion of an
organization, corporation, commission, committee, institution, or
agency that spends or that is supported in whole or in part by
public funds; and]
(xi) a nonprofit corporation that is
eligible to receive funds under the federal community services
block grant program and that is authorized by this state to serve a
geographic area of the state; [and]
(xii) an entity, or the part, section, or
portion of an entity that is a party to a contract with this state
under which the entity, or that part, section, or portion of that
entity provides a service, including the provision of an
integrated eligibility determination and service delivery system
for health and human services, or performs a duty that was formerly
provided or performed by this state or an agency of this state; and
(xiii) the part, section, or portion of an
organization, corporation, commission, committee, institution, or
agency that spends or that is supported in whole or in part by
public funds; and
(B) does not include the judiciary.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The change in law made by Section 1 of this Act applies
only to a deliberation of the governing body of an entity that is a
party to a contract with this state that begins on or after
September 4, 2003. A deliberation of the governing body of an
entity that is a party to a contract with this state that begins
before September 4, 2003, is covered by the law in effect when the
deliberation begins, and the former law is continued in effect for
that purpose.
(c) The change in law made by Section 2 of this Act applies
to information held by an entity, or a part, section, or portion of
an entity, regardless of when the information was collected or
assembled.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.