By: Watson, et al. S.B. No. 408

(In the Senate - Filed January 3, 2017; February 1, 2017, read first time and referred to Committee on Business & Commerce; March 20, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 1; March 20, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 408 By: Creighton

A BILL TO BE ENTITLED

AN ACT

relating to the definition of a governmental body for the purposes of the public information law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 552.002, Government Code, is amended by adding Subsection (d) to read as follows:

(d) Information maintained by a governmental body described by Section 552.003(1)(A)(xii) is public information and subject to this chapter only to the extent the information relates to:

(1) the receipt or expenditure of public funds or other public resources, as described by Section 552.003(1)(A)(xii)(a);

(2) a relationship with one or more governmental bodies that involves public funds or other public resources and that indicates a common purpose or objective or that creates an agency-type relationship, as described by Section 552.003(1)(A)(xii)(b); or

(3) the provision of services that are traditionally provided by a governmental body, as described by Section 552.003(1)(A)(xii)(c).

SECTION 2. Section 552.003, Government Code, is amended by amending Subdivision (1) and adding Subdivision (5-a) to read as follows:

(1) "Governmental body":

(A) means:

(i) a board, commission, department, committee, institution, agency, or office that is within or is created by the executive or legislative branch of state government and that is directed by one or more elected or appointed members;

(ii) a county commissioners court in the state;

(iii) a municipal governing body in the state;

(iv) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality;

(v) a school district board of trustees;

(vi) a county board of school trustees;

(vii) a county board of education;

(viii) the governing board of a special district;

(ix) the governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code;

(x) a local workforce development board created under Section 2308.253;

(xi) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; and

(xii) the part, section, or portion of an organization, corporation, commission, committee, institution, or agency that:

(a) receives or spends public funds or other public resources unless the receipt or expenditure of the funds or other resources imposes a specific and definite obligation on the entity to provide a measurable amount of goods, services, or insurance in exchange for the funds or other resources as would be expected in an arms-length transaction or quid pro quo agreement for goods, services, or insurance between a vendor and purchaser;

(b) is involved in a relationship with one or more governmental bodies that involves public funds or other public resources and that:

(1) indicates a common purpose or objective; or

(2) creates an agency-type relationship between the entity and one or more governmental bodies; or

(c) provides services traditionally provided by a governmental body in exchange for [spends or that is supported in whole or in part by] public funds or other public resources; and

(B) does not include the judiciary.

(5-a) "Public resources" means in-kind benefits that are not generally available to the public.

SECTION 3. The change in law made by this Act applies only to a request for public information received on or after the effective date of this Act. A request for public information received before the effective date of this Act is governed by the law in effect when the request was received, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2017.

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