88R9297 BEF-D
 
  By: Johnson of Dallas H.B. No. 2768
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of the open meetings law and the
  public information law to the Texas Energy Reliability Council and
  to independent organizations established to manage power regions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 418.309(c) and (d), Government Code,
  are amended to read as follows:
         (c)  The [Except as provided by Subsection (d), the meetings
  of the council and information obtained or created by the] council
  is [are not] subject to the requirements of Chapters [Chapter] 551
  and [or] 552.
         (d)  Information written, produced, collected, assembled, or
  maintained under law or in connection with the transaction of
  official business by the council or an officer or employee of the
  council is subject to Section 552.008 [in the same manner as public
  information].
         SECTION 2.  Section 551.001(3), Government Code, is amended
  to read as follows:
               (3)  "Governmental body" means:
                     (A)  a board, commission, department, committee,
  or agency within the executive or legislative branch of state
  government that is directed by one or more elected or appointed
  members;
                     (B)  a county commissioners court in the state;
                     (C)  a municipal governing body in the state;
                     (D)  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;
                     (E)  a school district board of trustees;
                     (F)  a county board of school trustees;
                     (G)  a county board of education;
                     (H)  the governing board of a special district
  created by law;
                     (I)  a local workforce development board created
  under Section 2308.253;
                     (J)  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;
                     (K)  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;
                     (L)  a joint board created under Section 22.074,
  Transportation Code; [and]
                     (M)  a board of directors of a reinvestment zone
  created under Chapter 311, Tax Code; and
                     (N)  an independent organization established
  under Section 39.151, Utilities Code, to manage a power region.
         SECTION 3.  Section 552.003(1), Government Code, is amended
  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;
                           (xii)  a confinement facility operated under
  a contract with any division of the Texas Department of Criminal
  Justice;
                           (xiii)  a civil commitment housing facility
  owned, leased, or operated by a vendor under contract with the state
  as provided by Chapter 841, Health and Safety Code;
                           (xiv)  an entity that receives public funds
  in the current or preceding state fiscal year to manage the daily
  operations or restoration of the Alamo, or an entity that oversees
  such an entity; [and]
                           (xv)  the part, section, or portion of an
  organization, corporation, commission, committee, institution, or
  agency that spends or that is supported in whole or in part by
  public funds; and
                           (xvi)  an independent organization
  established under Section 39.151, Utilities Code, to manage a power
  region; and
                     (B)  does not include:
                           (i)  the judiciary; or
                           (ii)  an economic development entity whose
  mission or purpose is to develop and promote the economic growth of
  a state agency or political subdivision with which the entity
  contracts if:
                                 (a)  the entity does not receive $1
  million or more in public funds from a single state agency or
  political subdivision in the current or preceding state fiscal
  year; or
                                 (b)  the entity:
                                       (1)  either:
                                             (A)  does not have the
  authority to make decisions or recommendations on behalf of a state
  agency or political subdivision regarding tax abatements or tax
  incentives; or
                                             (B)  does not require an
  officer of the state agency or political subdivision to hold office
  as a member of the board of directors of the entity;
                                       (2)  does not use staff or office
  space of the state agency or political subdivision for no or nominal
  consideration, unless the space is available to the public;
                                       (3)  to a reasonable degree,
  tracks the entity's receipt and expenditure of public funds
  separately from the entity's receipt and expenditure of private
  funds; and
                                       (4)  provides at least quarterly
  public reports to the state agency or political subdivision
  regarding work performed on behalf of the state agency or political
  subdivision.
         SECTION 4.  (a) The changes in law made by this Act apply
  only to a meeting held on or after the effective date of this Act. A
  meeting held before the effective date of this Act is governed by
  the law in effect immediately before the effective date of this Act,
  and the former law is continued in effect for that purpose.
         (b)  The changes in law made by this Act apply 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 5.  This Act takes effect September 1, 2023.