79R3092 JRD-D


By:  Madden                                                       H.B. No. 976


A BILL TO BE ENTITLED
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 that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person. (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.