By: Gattis H.B. No. 223
A BILL TO BE ENTITLED
AN ACT
relating to a requestor's right of access to investment
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Texas Government Code is
amended by adding Section 552.030 to read as follows:
Sec. 552.030. RIGHT OF ACCESS TO INVESTMENT INFORMATION.
(a) Under the fundamental philosophy of American government in
section 552.001(a), it is the policy of this state that investments
of the government are investments of and for the people and the
people are entitled to information regarding those investments.
The provisions of this section shall be liberally construed to
implement this policy.
(b) The following categories of information held by a
governmental body relating to its investments are public
information and not excepted from disclosure under this chapter:
(1) the name of any fund or investment entity the
governmental body is or has invested in;
(2) the date or dates any fund or investment entity was
established that the governmental body is or has invested in;
(3) the date or dates the governmental body invested
in the fund or investment entity described in (b)(2);
(4) the amount of dollars the governmental body
committed to any fund or investment entity;
(5) the amount of dollars the governmental body is
investing or has invested in any fund or investment entity;
(6) the amount of dollars returned to the governmental
body by any fund or investment entity in relation to the
governmental body's investment and the date when the dollars were
returned;
(7) the internal rate of return realized by the
governmental body for any fund or investment entity it is or has
invested in;
(8) the remaining value of any fund or investment
entity the governmental body is or has invested in;
(9) the fees, expenses, charges, and other
compensation, assessed to the governmental body by, or paid by the
governmental body to, any fund or investment entity or principal of
the fund or investment entity that the governmental body is or has
invested in. This information includes but is not limited to dollar
amounts, percentages of profits, and percentages of commitments;
(10) the names of principals of any fund or investment
entity the governmental body is or has invested in;
(11) recusals filed by members of the governing board
of the governmental body regarding any investments;
(12) a description of the types of business engaged in
by the companies that the governmental body is or has invested in
through any fund or investment entity; and
(13) minutes or tape recordings of open portions of
meetings of the governing board of the governmental body that
pertain to the above information.
(c) The list in subsection (b) of this section does not
affect the confidentiality of any type of investment information
not listed therein.
SECTION 2. EFFECTIVE DATE. 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, 2005.