| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the attendance by a quorum of a governmental body at |
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| 8 | 6 | | certain candidate events under the open meetings law. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 551.001(4), Government Code, is amended |
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| 11 | 9 | | to read as follows: |
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| 12 | 10 | | (4) "Meeting" means: |
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| 13 | 11 | | (A) a deliberation between a quorum of a |
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| 14 | 12 | | governmental body, or between a quorum of a governmental body and |
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| 15 | 13 | | another person, during which public business or public policy over |
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| 16 | 14 | | which the governmental body has supervision or control is discussed |
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| 17 | 15 | | or considered or during which the governmental body takes formal |
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| 18 | 16 | | action; or |
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| 19 | 17 | | (B) except as otherwise provided by this |
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| 20 | 18 | | subdivision, a gathering: |
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| 21 | 19 | | (i) that is conducted by the governmental |
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| 22 | 20 | | body or for which the governmental body is responsible; |
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| 23 | 21 | | (ii) at which a quorum of members of the |
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| 24 | 22 | | governmental body is present; |
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| 25 | 23 | | (iii) that has been called by the |
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| 26 | 24 | | governmental body; and |
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| 27 | 25 | | (iv) at which the members receive |
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| 28 | 26 | | information from, give information to, ask questions of, or receive |
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| 29 | 27 | | questions from any third person, including an employee of the |
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| 30 | 28 | | governmental body, about the public business or public policy over |
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| 31 | 29 | | which the governmental body has supervision or control. |
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| 32 | 30 | | The term does not include the gathering of a quorum of a |
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| 33 | 31 | | governmental body at a social function unrelated to the public |
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| 34 | 32 | | business that is conducted by the body, [or] the attendance by a |
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| 35 | 33 | | quorum of a governmental body at a regional, state, or national |
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| 36 | 34 | | convention or workshop, ceremonial event, or press conference, or |
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| 37 | 35 | | the attendance by a quorum of a governmental body at a candidate |
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| 38 | 36 | | forum, appearance, or debate to inform the electorate, if formal |
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| 39 | 37 | | action is not taken and any discussion of public business is |
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| 40 | 38 | | incidental to the social function, convention, workshop, |
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| 41 | 39 | | ceremonial event, [or] press conference, forum, appearance, or |
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| 42 | 40 | | debate. |
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| 43 | 41 | | The term includes a session of a governmental body. |
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| 44 | 42 | | SECTION 2. This Act takes effect September 1, 2017. |
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| 43 | + | ______________________________ ______________________________ |
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| 44 | + | President of the Senate Speaker of the House |
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| 45 | + | I hereby certify that S.B. No. 1440 passed the Senate on |
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| 46 | + | May 2, 2017, by the following vote: Yeas 30, Nays 1. |
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| 47 | + | ______________________________ |
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| 48 | + | Secretary of the Senate |
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| 49 | + | I hereby certify that S.B. No. 1440 passed the House on |
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| 50 | + | May 24, 2017, by the following vote: Yeas 146, Nays 0, two |
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| 51 | + | present not voting. |
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| 52 | + | ______________________________ |
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| 53 | + | Chief Clerk of the House |
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| 54 | + | Approved: |
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| 55 | + | ______________________________ |
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| 56 | + | Date |
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| 57 | + | ______________________________ |
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| 58 | + | Governor |
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