88R9297 BEF-D
By: Johnson of Dallas H.B. No. 2768
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the open meetings law and the
public information law to the Texas Energy Reliability Council and
to independent organizations established to manage power regions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 418.309(c) and (d), Government Code,
are amended to read as follows:
(c) The [Except as provided by Subsection (d), the meetings
of the council and information obtained or created by the] council
is [are not] subject to the requirements of Chapters [Chapter] 551
and [or] 552.
(d) Information written, produced, collected, assembled, or
maintained under law or in connection with the transaction of
official business by the council or an officer or employee of the
council is subject to Section 552.008 [in the same manner as public
information].
SECTION 2. 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;
(L) a joint board created under Section 22.074,
Transportation Code; [and]
(M) a board of directors of a reinvestment zone
created under Chapter 311, Tax Code; and
(N) an independent organization established
under Section 39.151, Utilities Code, to manage a power region.
SECTION 3. 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;
(xii) a confinement facility operated under
a contract with any division of the Texas Department of Criminal
Justice;
(xiii) a civil commitment housing facility
owned, leased, or operated by a vendor under contract with the state
as provided by Chapter 841, Health and Safety Code;
(xiv) an entity that receives public funds
in the current or preceding state fiscal year to manage the daily
operations or restoration of the Alamo, or an entity that oversees
such an entity; [and]
(xv) 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
(xvi) an independent organization
established under Section 39.151, Utilities Code, to manage a power
region; and
(B) does not include:
(i) the judiciary; or
(ii) an economic development entity whose
mission or purpose is to develop and promote the economic growth of
a state agency or political subdivision with which the entity
contracts if:
(a) the entity does not receive $1
million or more in public funds from a single state agency or
political subdivision in the current or preceding state fiscal
year; or
(b) the entity:
(1) either:
(A) does not have the
authority to make decisions or recommendations on behalf of a state
agency or political subdivision regarding tax abatements or tax
incentives; or
(B) does not require an
officer of the state agency or political subdivision to hold office
as a member of the board of directors of the entity;
(2) does not use staff or office
space of the state agency or political subdivision for no or nominal
consideration, unless the space is available to the public;
(3) to a reasonable degree,
tracks the entity's receipt and expenditure of public funds
separately from the entity's receipt and expenditure of private
funds; and
(4) provides at least quarterly
public reports to the state agency or political subdivision
regarding work performed on behalf of the state agency or political
subdivision.
SECTION 4. (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 5. This Act takes effect September 1, 2023.