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H.B. No. 976
AN ACT
relating to allowing the Texas Building and Procurement Commission
to deliberate in a closed meeting regarding business and financial
considerations of a contract being negotiated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 551, Government Code, is
amended by adding Section 551.0726 to read as follows:
Sec. 551.0726. TEXAS BUILDING AND PROCUREMENT COMMISSION:
DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING.
(a) The Texas Building and Procurement Commission may conduct a
closed meeting to deliberate business and financial issues relating
to a contract being negotiated if, before conducting the closed
meeting:
(1) the commission votes unanimously that
deliberation in an open meeting would have a detrimental effect on
the position of the state in negotiations with a third person; and
(2) the attorney advising the commission issues a
written determination finding that deliberation in an open meeting
would have a detrimental effect on the position of the state in
negotiations with a third person and setting forth that finding
therein.
(b) Notwithstanding Section 551.103(a), the commission must
make a tape recording of the proceedings of a closed meeting held
under this section.
SECTION 2. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 976 was passed by the House on April
5, 2005, by the following vote: Yeas 127, Nays 14, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 976 on May 19, 2005, by the following vote: Yeas 139, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 976 was passed by the Senate, with
amendments, on May 17, 2005, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor