By: Watson, et al. S.B. No. 408
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 552.002, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Information maintained by a governmental body described
by Section 552.003(1)(A)(xii) is public information and subject to
this chapter only to the extent the information relates to the part,
section, or portion of an entity that receives or spends public
funds or uses real or personal property owned or leased by the state
or a political subdivision of the state as established in Section
552.003(1)(A)(xii)(a), (b), or (c).
SECTION 2. 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 or spends public funds,
if the receipt or expenditure does not impose a specific and
definite obligation on the entity to provide a measurable amount of
goods, services, benefits, or insurance in exchange for the public
funds as would be expected in an arms-length transaction or quid pro
quo agreement for goods, services, benefits, or insurance between a
vendor and purchaser;
(b) receives or spends [or that is
supported in whole or in part by] public funds under an agreement to
provide a traditional governmental service, which does not include
a utility service, that the state or the political subdivision
providing the funds will not provide under the agreement; or
(c) uses real or personal property
owned or leased by the state or a political subdivision of the state
that is not generally available to the public under an agreement
that provides for no or nominal consideration in return for the use;
and
(B) does not include the judiciary.
SECTION 3. 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 4. This Act takes effect September 1, 2017.