| 1 | 1 | | 88R2544 TJB-D |
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| 2 | 2 | | By: Middleton S.B. No. 933 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the definition of a governmental body for the purposes |
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| 8 | 8 | | of the public information law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 552.003(1), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (1) "Governmental body": |
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| 13 | 13 | | (A) means: |
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| 14 | 14 | | (i) a board, commission, department, |
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| 15 | 15 | | committee, institution, agency, or office that is within or is |
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| 16 | 16 | | created by the executive or legislative branch of state government |
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| 17 | 17 | | and that is directed by one or more elected or appointed members; |
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| 18 | 18 | | (ii) a county commissioners court in the |
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| 19 | 19 | | state; |
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| 20 | 20 | | (iii) a municipal governing body in the |
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| 21 | 21 | | state; |
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| 22 | 22 | | (iv) a deliberative body that has |
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| 23 | 23 | | rulemaking or quasi-judicial power and that is classified as a |
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| 24 | 24 | | department, agency, or political subdivision of a county or |
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| 25 | 25 | | municipality; |
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| 26 | 26 | | (v) a school district board of trustees; |
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| 27 | 27 | | (vi) a county board of school trustees; |
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| 28 | 28 | | (vii) a county board of education; |
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| 29 | 29 | | (viii) the governing board of a special |
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| 30 | 30 | | district; |
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| 31 | 31 | | (ix) the governing body of a nonprofit |
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| 32 | 32 | | corporation organized under Chapter 67, Water Code, that provides a |
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| 33 | 33 | | water supply or wastewater service, or both, and is exempt from ad |
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| 34 | 34 | | valorem taxation under Section 11.30, Tax Code; |
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| 35 | 35 | | (x) a local workforce development board |
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| 36 | 36 | | created under Section 2308.253; |
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| 37 | 37 | | (xi) a nonprofit corporation that is |
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| 38 | 38 | | eligible to receive funds under the federal community services |
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| 39 | 39 | | block grant program and that is authorized by this state to serve a |
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| 40 | 40 | | geographic area of the state; |
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| 41 | 41 | | (xii) a confinement facility operated under |
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| 42 | 42 | | a contract with any division of the Texas Department of Criminal |
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| 43 | 43 | | Justice; |
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| 44 | 44 | | (xiii) a civil commitment housing facility |
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| 45 | 45 | | owned, leased, or operated by a vendor under contract with the state |
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| 46 | 46 | | as provided by Chapter 841, Health and Safety Code; |
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| 47 | 47 | | (xiv) an entity that receives public funds |
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| 48 | 48 | | in the current or preceding state fiscal year to manage the daily |
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| 49 | 49 | | operations or restoration of the Alamo, or an entity that oversees |
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| 50 | 50 | | such an entity; [and] |
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| 51 | 51 | | (xv) the part, section, or portion of an |
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| 52 | 52 | | organization, corporation, commission, committee, institution, or |
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| 53 | 53 | | agency that spends or that is supported in whole or in part by |
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| 54 | 54 | | public funds; and |
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| 55 | 55 | | (xvi) a nonprofit state association or |
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| 56 | 56 | | organization primarily composed of similarly situated political |
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| 57 | 57 | | subdivisions; and |
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| 58 | 58 | | (B) does not include: |
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| 59 | 59 | | (i) the judiciary; or |
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| 60 | 60 | | (ii) an economic development entity whose |
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| 61 | 61 | | mission or purpose is to develop and promote the economic growth of |
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| 62 | 62 | | a state agency or political subdivision with which the entity |
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| 63 | 63 | | contracts if: |
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| 64 | 64 | | (a) the entity does not receive $1 |
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| 65 | 65 | | million or more in public funds from a single state agency or |
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| 66 | 66 | | political subdivision in the current or preceding state fiscal |
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| 67 | 67 | | year; or |
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| 68 | 68 | | (b) the entity: |
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| 69 | 69 | | (1) either: |
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| 70 | 70 | | (A) does not have the |
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| 71 | 71 | | authority to make decisions or recommendations on behalf of a state |
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| 72 | 72 | | agency or political subdivision regarding tax abatements or tax |
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| 73 | 73 | | incentives; or |
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| 74 | 74 | | (B) does not require an |
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| 75 | 75 | | officer of the state agency or political subdivision to hold office |
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| 76 | 76 | | as a member of the board of directors of the entity; |
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| 77 | 77 | | (2) does not use staff or office |
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| 78 | 78 | | space of the state agency or political subdivision for no or nominal |
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| 79 | 79 | | consideration, unless the space is available to the public; |
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| 80 | 80 | | (3) to a reasonable degree, |
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| 81 | 81 | | tracks the entity's receipt and expenditure of public funds |
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| 82 | 82 | | separately from the entity's receipt and expenditure of private |
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| 83 | 83 | | funds; and |
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| 84 | 84 | | (4) provides at least quarterly |
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| 85 | 85 | | public reports to the state agency or political subdivision |
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| 86 | 86 | | regarding work performed on behalf of the state agency or political |
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| 87 | 87 | | subdivision. |
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| 88 | 88 | | SECTION 2. The change in law made by this Act applies only |
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| 89 | 89 | | to a request for public information received on or after the |
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| 90 | 90 | | effective date of this Act. A request for public information |
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| 91 | 91 | | received before the effective date of this Act is governed by the |
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| 92 | 92 | | law in effect when the request was received, and the former law is |
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| 93 | 93 | | continued in effect for that purpose. |
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| 94 | 94 | | SECTION 3. This Act takes effect September 1, 2023. |
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