Texas 2021 - 87th Regular

Texas Senate Bill SB347 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Paxton, Bettencourt S.B. No. 347
	1	+	By: Paxton S.B. No. 347
	2	+	(In the Senate - Filed January 14, 2021; March 9, 2021, read
	3	+	first time and referred to Committee on Business & Commerce;
	4	+	April 8, 2021, reported favorably by the following vote: Yeas 8,
	5	+	Nays 1; April 8, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the inclusion of local school health advisory councils
7	12		as governmental bodies for purposes of the open meetings law and the
8	13		public information law.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Section 551.001(3), Government Code, is amended
11	16		to read as follows:
12	17		(3) "Governmental body" means:
13	18		(A) a board, commission, department, committee,
14	19		or agency within the executive or legislative branch of state
15	20		government that is directed by one or more elected or appointed
16	21		members;
17	22		(B) a county commissioners court in the state;
18	23		(C) a municipal governing body in the state;
19	24		(D) a deliberative body that has rulemaking or
20	25		quasi-judicial power and that is classified as a department,
21	26		agency, or political subdivision of a county or municipality;
22	27		(E) a school district board of trustees;
23	28		(F) a county board of school trustees;
24	29		(G) a county board of education;
25	30		(H) the governing board of a special district
26	31		created by law;
27	32		(I) a local workforce development board created
28	33		under Section 2308.253;
29	34		(J) a nonprofit corporation that is eligible to
30	35		receive funds under the federal community services block grant
31	36		program and that is authorized by this state to serve a geographic
32	37		area of the state;
33	38		(K) a nonprofit corporation organized under
34	39		Chapter 67, Water Code, that provides a water supply or wastewater
35	40		service, or both, and is exempt from ad valorem taxation under
36	41		Section 11.30, Tax Code; [and]
37	42		(L) a joint board created under Section 22.074,
38	43		Transportation Code; and
39	44		(M) a local school health advisory council
40	45		established under Section 28.004, Education Code.
41	46		SECTION 2. Section 552.003(1), Government Code, is amended
42	47		to read as follows:
43	48		(1) "Governmental body":
44	49		(A) means:
45	50		(i) a board, commission, department,
46	51		committee, institution, agency, or office that is within or is
47	52		created by the executive or legislative branch of state government
48	53		and that is directed by one or more elected or appointed members;
49	54		(ii) a county commissioners court in the
50	55		state;
51	56		(iii) a municipal governing body in the
52	57		state;
53	58		(iv) a deliberative body that has
54	59		rulemaking or quasi-judicial power and that is classified as a
55	60		department, agency, or political subdivision of a county or
56	61		municipality;
57	62		(v) a school district board of trustees;
58	63		(vi) a county board of school trustees;
59	64		(vii) a county board of education;
60	65		(viii) the governing board of a special
61	66		district;
62	67		(ix) the governing body of a nonprofit
63	68		corporation organized under Chapter 67, Water Code, that provides a
64	69		water supply or wastewater service, or both, and is exempt from ad
65	70		valorem taxation under Section 11.30, Tax Code;
66	71		(x) a local workforce development board
67	72		created under Section 2308.253;
68	73		(xi) a nonprofit corporation that is
69	74		eligible to receive funds under the federal community services
70	75		block grant program and that is authorized by this state to serve a
71	76		geographic area of the state;
72	77		(xii) a confinement facility operated under
73	78		a contract with any division of the Texas Department of Criminal
74	79		Justice;
75	80		(xiii) a civil commitment housing facility
76	81		owned, leased, or operated by a vendor under contract with the state
77	82		as provided by Chapter 841, Health and Safety Code;
78	83		(xiv) an entity that receives public funds
79	84		in the current or preceding state fiscal year to manage the daily
80	85		operations or restoration of the Alamo, or an entity that oversees
81	86		such an entity; [and]
82	87		(xv) the part, section, or portion of an
83	88		organization, corporation, commission, committee, institution, or
84	89		agency that spends or that is supported in whole or in part by
85	90		public funds; and
86	91		(xvi) a local school health advisory
87	92		council established under Section 28.004, Education Code; and
88	93		(B) does not include:
89	94		(i) the judiciary; or
90	95		(ii) an economic development entity whose
91	96		mission or purpose is to develop and promote the economic growth of
92	97		a state agency or political subdivision with which the entity
93	98		contracts if:
94	99		(a) the entity does not receive $1
95	100		million or more in public funds from a single state agency or
96	101		political subdivision in the current or preceding state fiscal
97	102		year; or
98	103		(b) the entity:
99	104		(1) either:
100	105		(A) does not have the
101	106		authority to make decisions or recommendations on behalf of a state
102	107		agency or political subdivision regarding tax abatements or tax
103	108		incentives; or
104	109		(B) does not require an
105	110		officer of the state agency or political subdivision to hold office
106	111		as a member of the board of directors of the entity;
107	112		(2) does not use staff or office
108	113		space of the state agency or political subdivision for no or nominal
109	114		consideration, unless the space is available to the public;
110	115		(3) to a reasonable degree,
111	116		tracks the entity's receipt and expenditure of public funds
112	117		separately from the entity's receipt and expenditure of private
113	118		funds; and
114	119		(4) provides at least quarterly
115	120		public reports to the state agency or political subdivision
116	121		regarding work performed on behalf of the state agency or political
117	122		subdivision.
118	123		SECTION 3. (a) The changes in law made by this Act apply
119	124		only to a meeting held on or after the effective date of this Act. A
120	125		meeting held before the effective date of this Act is governed by
121	126		the law in effect immediately before the effective date of this Act,
122	127		and the former law is continued in effect for that purpose.
123	128		(b) The changes in law made by this Act apply only to a
124	129		request for public information received on or after the effective
125	130		date of this Act. A request for public information received before
126	131		the effective date of this Act is governed by the law in effect when
127	132		the request was received, and the former law is continued in effect
128	133		for that purpose.
129	134		SECTION 4. This Act takes effect September 1, 2021.
	135	+	* * * * *