| 1 | 1 | | 85R1700 MCK-D |
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| 2 | 2 | | By: Capriglione H.B. No. 793 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the definition of a governmental body for the purposes |
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| 8 | 8 | | of the public information law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 552.003(1), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (1) "Governmental body": |
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| 13 | 13 | | (A) means: |
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| 14 | 14 | | (i) a board, commission, department, |
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| 15 | 15 | | committee, institution, agency, or office that is within or is |
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| 16 | 16 | | created by the executive or legislative branch of state government |
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| 17 | 17 | | and that is directed by one or more elected or appointed members; |
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| 18 | 18 | | (ii) a county commissioners court in the |
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| 19 | 19 | | state; |
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| 20 | 20 | | (iii) a municipal governing body in the |
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| 21 | 21 | | state; |
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| 22 | 22 | | (iv) a deliberative body that has |
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| 23 | 23 | | rulemaking or quasi-judicial power and that is classified as a |
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| 24 | 24 | | department, agency, or political subdivision of a county or |
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| 25 | 25 | | municipality; |
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| 26 | 26 | | (v) a school district board of trustees; |
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| 27 | 27 | | (vi) a county board of school trustees; |
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| 28 | 28 | | (vii) a county board of education; |
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| 29 | 29 | | (viii) the governing board of a special |
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| 30 | 30 | | district; |
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| 31 | 31 | | (ix) the governing body of a nonprofit |
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| 32 | 32 | | corporation organized under Chapter 67, Water Code, that provides a |
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| 33 | 33 | | water supply or wastewater service, or both, and is exempt from ad |
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| 34 | 34 | | valorem taxation under Section 11.30, Tax Code; |
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| 35 | 35 | | (x) a local workforce development board |
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| 36 | 36 | | created under Section 2308.253; |
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| 37 | 37 | | (xi) a nonprofit corporation that is |
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| 38 | 38 | | eligible to receive funds under the federal community services |
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| 39 | 39 | | block grant program and that is authorized by this state to serve a |
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| 40 | 40 | | geographic area of the state; and |
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| 41 | 41 | | (xii) the part, section, or portion of an |
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| 42 | 42 | | organization, corporation, commission, committee, institution, or |
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| 43 | 43 | | agency that: |
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| 44 | 44 | | (a) receives public funds or other |
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| 45 | 45 | | public resources unless the receipt of the funds or other resources |
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| 46 | 46 | | imposes a specific and definite obligation on the entity to provide |
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| 47 | 47 | | a measurable amount of service in exchange for the funds or other |
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| 48 | 48 | | resources as would be expected in an arms-length transaction for |
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| 49 | 49 | | services between a vendor and purchaser; |
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| 50 | 50 | | (b) is a party to a contract with a |
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| 51 | 51 | | governmental body or involved in another relationship with a |
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| 52 | 52 | | governmental body that involves public funds and that indicates a |
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| 53 | 53 | | common purpose or objective or that creates an agency-type |
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| 54 | 54 | | relationship between the entity and one or more governmental |
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| 55 | 55 | | bodies; or |
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| 56 | 56 | | (c) provides services traditionally |
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| 57 | 57 | | provided by a governmental body [spends or that is supported in |
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| 58 | 58 | | whole or in part by public funds]; and |
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| 59 | 59 | | (B) does not include the judiciary. |
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| 60 | 60 | | SECTION 2. The change in law made by this Act applies only |
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| 61 | 61 | | to a request for public information received on or after the |
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| 62 | 62 | | effective date of this Act. A request for public information |
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| 63 | 63 | | received before the effective date of this Act is governed by the |
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| 64 | 64 | | law in effect when the request was received, and the former law is |
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| 65 | 65 | | continued in effect for that purpose. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2017. |
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