85R1700 MCK-D
By: Capriglione H.B. No. 793
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 552.003(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; and
(xii) the part, section, or portion of an
organization, corporation, commission, committee, institution, or
agency that:
(a) receives public funds or other
public resources unless the receipt of the funds or other resources
imposes a specific and definite obligation on the entity to provide
a measurable amount of service in exchange for the funds or other
resources as would be expected in an arms-length transaction for
services between a vendor and purchaser;
(b) is a party to a contract with a
governmental body or involved in another relationship with a
governmental body that involves public funds and that indicates a
common purpose or objective or that creates an agency-type
relationship between the entity and one or more governmental
bodies; or
(c) provides services traditionally
provided by a governmental body [spends or that is supported in
whole or in part by public funds]; and
(B) does not include the judiciary.
SECTION 2. 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 3. This Act takes effect September 1, 2017.