| 1 | 1 | | By: Gallegos S.B. No. 1826 |
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| 2 | 2 | | (In the Senate - Filed March 11, 2011; March 24, 2011, read |
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| 3 | 3 | | first time and referred to Select Committee on Open Government; |
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| 4 | 4 | | May 6, 2011, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 4, Nays 0; May 6, 2011, sent |
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| 6 | 6 | | to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1826 By: Davis |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the definition in the open meetings law of the term |
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| 13 | 13 | | "deliberation." |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subdivisions (2) and (4), Section 551.001, |
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| 16 | 16 | | Government Code, are amended to read as follows: |
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| 17 | 17 | | (2) "Deliberation" means a verbal or written exchange |
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| 18 | 18 | | [during a meeting] between a quorum of a governmental body, or |
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| 19 | 19 | | between a quorum of a governmental body and another person, |
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| 20 | 20 | | concerning an issue within the jurisdiction of the governmental |
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| 21 | 21 | | body or any public business. A written exchange includes an e-mail, |
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| 22 | 22 | | letter, or other written communication that: |
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| 23 | 23 | | (A) is produced by or originates from a member of |
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| 24 | 24 | | the governmental body; |
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| 25 | 25 | | (B) is circulated among a quorum of the |
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| 26 | 26 | | governmental body; and |
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| 27 | 27 | | (C) concerns an issue within the jurisdiction of |
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| 28 | 28 | | the governmental body or any public business. |
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| 29 | 29 | | (4) "Meeting" means: |
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| 30 | 30 | | (A) a deliberation between a quorum of a |
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| 31 | 31 | | governmental body, or between a quorum of a governmental body and |
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| 32 | 32 | | another person, during which public business or public policy over |
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| 33 | 33 | | which the governmental body has supervision or control is discussed |
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| 34 | 34 | | or considered or during which the governmental body takes formal |
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| 35 | 35 | | action; or |
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| 36 | 36 | | (B) except as otherwise provided by this |
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| 37 | 37 | | subdivision, a gathering: |
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| 38 | 38 | | (i) that is conducted by the governmental |
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| 39 | 39 | | body or for which the governmental body is responsible; |
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| 40 | 40 | | (ii) at which a quorum of members of the |
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| 41 | 41 | | governmental body is present or actively participating; |
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| 42 | 42 | | (iii) that has been called by the |
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| 43 | 43 | | governmental body; and |
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| 44 | 44 | | (iv) at which the members receive |
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| 45 | 45 | | information from, give information to, ask questions of, or receive |
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| 46 | 46 | | questions from any third person, including an employee of the |
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| 47 | 47 | | governmental body, about the public business or public policy over |
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| 48 | 48 | | which the governmental body has supervision or control. |
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| 49 | 49 | | The term does not include the gathering of a quorum of a |
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| 50 | 50 | | governmental body at a social function unrelated to the public |
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| 51 | 51 | | business that is conducted by the body, or the attendance by a |
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| 52 | 52 | | quorum of a governmental body at a regional, state, or national |
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| 53 | 53 | | convention or workshop, ceremonial event, or press conference, if |
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| 54 | 54 | | formal action is not taken and any discussion of public business is |
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| 55 | 55 | | incidental to the social function, convention, workshop, |
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| 56 | 56 | | ceremonial event, or press conference. |
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| 57 | 57 | | The term includes a session of a governmental body. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 59 | 59 | | * * * * * |
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