Texas 2023 - 88th Regular

Texas House Bill HB2768 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9297 BEF-D
2	2	By: Johnson of Dallas H.B. No. 2768
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of the open meetings law and the
8	8	public information law to the Texas Energy Reliability Council and
9	9	to independent organizations established to manage power regions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 418.309(c) and (d), Government Code,
12	12	are amended to read as follows:
13	13	(c) The [Except as provided by Subsection (d), the meetings
14	14	of the council and information obtained or created by the] council
15	15	is [are not] subject to the requirements of Chapters [Chapter] 551
16	16	and [or] 552.
17	17	(d) Information written, produced, collected, assembled, or
18	18	maintained under law or in connection with the transaction of
19	19	official business by the council or an officer or employee of the
20	20	council is subject to Section 552.008 [in the same manner as public
21	21	information].
22	22	SECTION 2. Section 551.001(3), Government Code, is amended
23	23	to read as follows:
24	24	(3) "Governmental body" means:
25	25	(A) a board, commission, department, committee,
26	26	or agency within the executive or legislative branch of state
27	27	government that is directed by one or more elected or appointed
28	28	members;
29	29	(B) a county commissioners court in the state;
30	30	(C) a municipal governing body in the state;
31	31	(D) a deliberative body that has rulemaking or
32	32	quasi-judicial power and that is classified as a department,
33	33	agency, or political subdivision of a county or municipality;
34	34	(E) a school district board of trustees;
35	35	(F) a county board of school trustees;
36	36	(G) a county board of education;
37	37	(H) the governing board of a special district
38	38	created by law;
39	39	(I) a local workforce development board created
40	40	under Section 2308.253;
41	41	(J) a nonprofit corporation that is eligible to
42	42	receive funds under the federal community services block grant
43	43	program and that is authorized by this state to serve a geographic
44	44	area of the state;
45	45	(K) a nonprofit corporation organized under
46	46	Chapter 67, Water Code, that provides a water supply or wastewater
47	47	service, or both, and is exempt from ad valorem taxation under
48	48	Section 11.30, Tax Code;
49	49	(L) a joint board created under Section 22.074,
50	50	Transportation Code; [and]
51	51	(M) a board of directors of a reinvestment zone
52	52	created under Chapter 311, Tax Code; and
53	53	(N) an independent organization established
54	54	under Section 39.151, Utilities Code, to manage a power region.
55	55	SECTION 3. Section 552.003(1), Government Code, is amended
56	56	to read as follows:
57	57	(1) "Governmental body":
58	58	(A) means:
59	59	(i) a board, commission, department,
60	60	committee, institution, agency, or office that is within or is
61	61	created by the executive or legislative branch of state government
62	62	and that is directed by one or more elected or appointed members;
63	63	(ii) a county commissioners court in the
64	64	state;
65	65	(iii) a municipal governing body in the
66	66	state;
67	67	(iv) a deliberative body that has
68	68	rulemaking or quasi-judicial power and that is classified as a
69	69	department, agency, or political subdivision of a county or
70	70	municipality;
71	71	(v) a school district board of trustees;
72	72	(vi) a county board of school trustees;
73	73	(vii) a county board of education;
74	74	(viii) the governing board of a special
75	75	district;
76	76	(ix) the governing body of a nonprofit
77	77	corporation organized under Chapter 67, Water Code, that provides a
78	78	water supply or wastewater service, or both, and is exempt from ad
79	79	valorem taxation under Section 11.30, Tax Code;
80	80	(x) a local workforce development board
81	81	created under Section 2308.253;
82	82	(xi) a nonprofit corporation that is
83	83	eligible to receive funds under the federal community services
84	84	block grant program and that is authorized by this state to serve a
85	85	geographic area of the state;
86	86	(xii) a confinement facility operated under
87	87	a contract with any division of the Texas Department of Criminal
88	88	Justice;
89	89	(xiii) a civil commitment housing facility
90	90	owned, leased, or operated by a vendor under contract with the state
91	91	as provided by Chapter 841, Health and Safety Code;
92	92	(xiv) an entity that receives public funds
93	93	in the current or preceding state fiscal year to manage the daily
94	94	operations or restoration of the Alamo, or an entity that oversees
95	95	such an entity; [and]
96	96	(xv) the part, section, or portion of an
97	97	organization, corporation, commission, committee, institution, or
98	98	agency that spends or that is supported in whole or in part by
99	99	public funds; and
100	100	(xvi) an independent organization
101	101	established under Section 39.151, Utilities Code, to manage a power
102	102	region; and
103	103	(B) does not include:
104	104	(i) the judiciary; or
105	105	(ii) an economic development entity whose
106	106	mission or purpose is to develop and promote the economic growth of
107	107	a state agency or political subdivision with which the entity
108	108	contracts if:
109	109	(a) the entity does not receive $1
110	110	million or more in public funds from a single state agency or
111	111	political subdivision in the current or preceding state fiscal
112	112	year; or
113	113	(b) the entity:
114	114	(1) either:
115	115	(A) does not have the
116	116	authority to make decisions or recommendations on behalf of a state
117	117	agency or political subdivision regarding tax abatements or tax
118	118	incentives; or
119	119	(B) does not require an
120	120	officer of the state agency or political subdivision to hold office
121	121	as a member of the board of directors of the entity;
122	122	(2) does not use staff or office
123	123	space of the state agency or political subdivision for no or nominal
124	124	consideration, unless the space is available to the public;
125	125	(3) to a reasonable degree,
126	126	tracks the entity's receipt and expenditure of public funds
127	127	separately from the entity's receipt and expenditure of private
128	128	funds; and
129	129	(4) provides at least quarterly
130	130	public reports to the state agency or political subdivision
131	131	regarding work performed on behalf of the state agency or political
132	132	subdivision.
133	133	SECTION 4. (a) The changes in law made by this Act apply
134	134	only to a meeting held on or after the effective date of this Act. A
135	135	meeting held before the effective date of this Act is governed by
136	136	the law in effect immediately before the effective date of this Act,
137	137	and the former law is continued in effect for that purpose.
138	138	(b) The changes in law made by this Act apply only to a
139	139	request for public information received on or after the effective
140	140	date of this Act. A request for public information received before
141	141	the effective date of this Act is governed by the law in effect when
142	142	the request was received, and the former law is continued in effect
143	143	for that purpose.
144	144	SECTION 5. This Act takes effect September 1, 2023.