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.