By: Madla S.B. No. 1661
(In the Senate - Filed March 14, 2003; March 20, 2003, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
April 29, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1661 By: Madla
A BILL TO BE ENTITLED
AN ACT
relating to communications between board members, advisory
committee members, and applicants for affordable housing funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.1113, Government Code, is amended
to read as follows:
Sec. 2306.1113. EX PARTE COMMUNICATIONS. (a) During the
period beginning on the date a project application is filed and
ending on the date the board makes a final decision with respect to
any approval of that application, a member of the board [or a member
of the advisory committee established under Section 2306.1112] may
not communicate orally about the application with the following
persons:
(1) the applicant or a related party, as defined by
state law, including board rules, and federal law; and
(2) any person who is:
(A) active in the construction, rehabilitation,
ownership, or control of the proposed project, including:
(i) a general partner or contractor; and
(ii) a principal or affiliate of a general
partner or contractor; or
(B) employed as a lobbyist by the applicant or a
related party.
(b) Notwithstanding Subsection (a), a board member [or
advisory committee member] may communicate with a person described
by that subsection at any board meeting or public hearing held with
respect to the application or through written communication,
excluding electronic mail and other communications via an
electronic medium such as the Internet. All such communications
are public information as defined by Section 552.002 and shall be
included in the appropriate application file.
SECTION 2. This Act takes effect September 1, 2003.
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