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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of independent organizations established |
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to manage power regions as governmental bodies for purposes of the |
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public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.003(1), Government Code, is amended |
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to read as follows: |
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(1) "Governmental body": |
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(A) means: |
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(i) a board, commission, department, |
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committee, institution, agency, or office that is within or is |
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created by the executive or legislative branch of state government |
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and that is directed by one or more elected or appointed members; |
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(ii) a county commissioners court in the |
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state; |
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(iii) a municipal governing body in the |
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state; |
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(iv) a deliberative body that has |
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rulemaking or quasi-judicial power and that is classified as a |
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department, agency, or political subdivision of a county or |
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municipality; |
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(v) a school district board of trustees; |
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(vi) a county board of school trustees; |
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(vii) a county board of education; |
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(viii) the governing board of a special |
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district; |
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(ix) the governing body of a nonprofit |
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corporation organized under Chapter 67, Water Code, that provides a |
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water supply or wastewater service, or both, and is exempt from ad |
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valorem taxation under Section 11.30, Tax Code; |
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(x) a local workforce development board |
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created under Section 2308.253; |
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(xi) a nonprofit corporation that is |
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eligible to receive funds under the federal community services |
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block grant program and that is authorized by this state to serve a |
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geographic area of the state; |
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(xii) a confinement facility operated under |
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a contract with any division of the Texas Department of Criminal |
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Justice; |
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(xiii) a civil commitment housing facility |
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owned, leased, or operated by a vendor under contract with the state |
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as provided by Chapter 841, Health and Safety Code; |
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(xiv) an entity that receives public funds |
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in the current or preceding state fiscal year to manage the daily |
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operations or restoration of the Alamo, or an entity that oversees |
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such an entity; [and] |
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(xv) the part, section, or portion of an |
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organization, corporation, commission, committee, institution, or |
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agency that spends or that is supported in whole or in part by |
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public funds; and |
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(xvi) an independent organization |
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established under Section 39.151, Utilities Code, to manage a power |
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region; and |
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(B) does not include: |
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(i) the judiciary; or |
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(ii) an economic development entity whose |
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mission or purpose is to develop and promote the economic growth of |
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a state agency or political subdivision with which the entity |
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contracts if: |
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(a) the entity does not receive $1 |
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million or more in public funds from a single state agency or |
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political subdivision in the current or preceding state fiscal |
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year; or |
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(b) the entity: |
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(1) either: |
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(A) does not have the |
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authority to make decisions or recommendations on behalf of a state |
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agency or political subdivision regarding tax abatements or tax |
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incentives; or |
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(B) does not require an |
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officer of the state agency or political subdivision to hold office |
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as a member of the board of directors of the entity; |
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(2) does not use staff or office |
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space of the state agency or political subdivision for no or nominal |
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consideration, unless the space is available to the public; |
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(3) to a reasonable degree, |
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tracks the entity's receipt and expenditure of public funds |
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separately from the entity's receipt and expenditure of private |
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funds; and |
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(4) provides at least quarterly |
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public reports to the state agency or political subdivision |
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regarding work performed on behalf of the state agency or political |
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subdivision. |
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SECTION 2. Subchapter D, Chapter 39, Utilities Code, is |
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amended by adding Section 39.1517 to read as follows: |
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Sec. 39.1517. DISCLOSURE OF PUBLIC INFORMATION BY GOVERNING |
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BODY OF INDEPENDENT ORGANIZATION. A provision of law that makes |
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information confidential or not subject to disclosure under Chapter |
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552, Government Code, or another provision of law, that applies to |
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the commission applies in the same manner to an independent |
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organization certified under Section 39.151. |
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SECTION 3. The changes in law made by this Act apply only to |
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a request for public information received on or after the effective |
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date of this Act. A request for public information received before |
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the effective date of this Act is governed by the law in effect when |
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the request was received, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |