Texas 2017 - 85th Regular

Texas Senate Bill SB408 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Watson, et al. S.B. No. 408
2		-	(In the Senate - Filed January 3, 2017; February 1, 2017,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	March 20, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 1; March 20, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 408 By: Creighton
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the definition of a governmental body for the purposes
14	7		of the public information law.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 552.002, Government Code, is amended by
17	10		adding Subsection (d) to read as follows:
18	11		(d) Information maintained by a governmental body described
19	12		by Section 552.003(1)(A)(xii) is public information and subject to
20		-	this chapter only to the extent the information relates to:
21		-	(1) the receipt or expenditure of public funds or
22		-	other public resources, as described by Section
23		-	552.003(1)(A)(xii)(a);
24		-	(2) a relationship with one or more governmental
25		-	bodies that involves public funds or other public resources and
26		-	that indicates a common purpose or objective or that creates an
27		-	agency-type relationship, as described by Section
28		-	552.003(1)(A)(xii)(b); or
29		-	(3) the provision of services that are traditionally
30		-	provided by a governmental body, as described by Section
31		-	552.003(1)(A)(xii)(c).
32		-	SECTION 2. Section 552.003, Government Code, is amended by
33		-	amending Subdivision (1) and adding Subdivision (5-a) to read as
34		-	follows:
	13	+	this chapter only to the extent the information relates to the part,
	14	+	section, or portion of an entity that receives or spends public
	15	+	funds or uses real or personal property owned or leased by the state
	16	+	or a political subdivision of the state as established in Section
	17	+	552.003(1)(A)(xii)(a), (b), or (c).
	18	+	SECTION 2. Section 552.003(1), Government Code, is amended
	19	+	to read as follows:
35	20		(1) "Governmental body":
36	21		(A) means:
37	22		(i) a board, commission, department,
38	23		committee, institution, agency, or office that is within or is
39	24		created by the executive or legislative branch of state government
40	25		and that is directed by one or more elected or appointed members;
41	26		(ii) a county commissioners court in the
42	27		state;
43	28		(iii) a municipal governing body in the
44	29		state;
45	30		(iv) a deliberative body that has
46	31		rulemaking or quasi-judicial power and that is classified as a
47	32		department, agency, or political subdivision of a county or
48	33		municipality;
49	34		(v) a school district board of trustees;
50	35		(vi) a county board of school trustees;
51	36		(vii) a county board of education;
52	37		(viii) the governing board of a special
53	38		district;
54	39		(ix) the governing body of a nonprofit
55	40		corporation organized under Chapter 67, Water Code, that provides a
56	41		water supply or wastewater service, or both, and is exempt from ad
57	42		valorem taxation under Section 11.30, Tax Code;
58	43		(x) a local workforce development board
59	44		created under Section 2308.253;
60	45		(xi) a nonprofit corporation that is
61	46		eligible to receive funds under the federal community services
62	47		block grant program and that is authorized by this state to serve a
63	48		geographic area of the state; and
64	49		(xii) the part, section, or portion of an
65	50		organization, corporation, commission, committee, institution, or
66	51		agency that:
67		-	(a) receives or spends public funds or
68		-	other public resources unless the receipt or expenditure of the
69		-	funds or other resources imposes a specific and definite obligation
70		-	on the entity to provide a measurable amount of goods, services, or
71		-	insurance in exchange for the funds or other resources as would be
72		-	expected in an arms-length transaction or quid pro quo agreement
73		-	for goods, services, or insurance between a vendor and purchaser;
74		-	(b) is involved in a relationship with
75		-	one or more governmental bodies that involves public funds or other
76		-	public resources and that:
77		-	(1) indicates a common purpose
78		-	or objective; or
79		-	(2) creates an agency-type
80		-	relationship between the entity and one or more governmental
81		-	bodies; or
82		-	(c) provides services traditionally
83		-	provided by a governmental body in exchange for [spends or that is
84		-	supported in whole or in part by] public funds or other public
85		-	resources; and
	52	+	(a) receives or spends public funds,
	53	+	if the receipt or expenditure does not impose a specific and
	54	+	definite obligation on the entity to provide a measurable amount of
	55	+	goods, services, benefits, or insurance in exchange for the public
	56	+	funds as would be expected in an arms-length transaction or quid pro
	57	+	quo agreement for goods, services, benefits, or insurance between a
	58	+	vendor and purchaser;
	59	+	(b) receives or spends [or that is
	60	+	supported in whole or in part by] public funds under an agreement to
	61	+	provide a traditional governmental service, which does not include
	62	+	a utility service, that the state or the political subdivision
	63	+	providing the funds will not provide under the agreement; or
	64	+	(c) uses real or personal property
	65	+	owned or leased by the state or a political subdivision of the state
	66	+	that is not generally available to the public under an agreement
	67	+	that provides for no or nominal consideration in return for the use;
	68	+	and
86	69		(B) does not include the judiciary.
87		-	(5-a) "Public resources" means in-kind benefits that
88		-	are not generally available to the public.
89	70		SECTION 3. The change in law made by this Act applies only
90	71		to a request for public information received on or after the
91	72		effective date of this Act. A request for public information
92	73		received before the effective date of this Act is governed by the
93	74		law in effect when the request was received, and the former law is
94	75		continued in effect for that purpose.
95	76		SECTION 4. This Act takes effect September 1, 2017.
96		-	* * * * *