By: Paxton, Hall S.B. No. 1854
(In the Senate - Filed March 7, 2019; March 18, 2019, read
first time and referred to Committee on Business & Commerce;
April 29, 2019, reported favorably by the following vote: Yeas 7,
Nays 2; April 29, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of local school health advisory councils
as governmental bodies for purposes of the open meetings law and the
public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.001(3), Government Code, is amended
to read as follows:
(3) "Governmental body" means:
(A) a board, commission, department, committee,
or agency within the executive or legislative branch of state
government that is directed by one or more elected or appointed
members;
(B) a county commissioners court in the state;
(C) a municipal governing body in the state;
(D) 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;
(E) a school district board of trustees;
(F) a county board of school trustees;
(G) a county board of education;
(H) the governing board of a special district
created by law;
(I) a local workforce development board created
under Section 2308.253;
(J) 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;
(K) 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; [and]
(L) a joint board created under Section 22.074,
Transportation Code; and
(M) a local school health advisory council
established under Section 28.004, Education Code.
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 spends or that is supported in whole or in part by
public funds; and
(xiii) a local school health advisory
council established under Section 28.004, Education Code; and
(B) does not include the judiciary.
SECTION 3. (a) The changes in law made by this Act apply
only to a meeting held on or after the effective date of this Act. A
meeting held before the effective date of this Act is governed by
the law in effect immediately before the effective date of this Act,
and the former law is continued in effect for that purpose.
(b) The changes in law made by this Act apply 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, 2019.
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