Texas 2025 - 89th Regular

Texas House Bill HB4998 Compare Versions

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11 89R15701 CXP-D
22 By: Reynolds H.B. No. 4998
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the inclusion of independent organizations established
1010 to manage power regions as governmental bodies for purposes of the
1111 public information law.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 552.003(1), Government Code, is amended
1414 to read as follows:
1515 (1) "Governmental body":
1616 (A) means:
1717 (i) a board, commission, department,
1818 committee, institution, agency, or office that is within or is
1919 created by the executive or legislative branch of state government
2020 and that is directed by one or more elected or appointed members;
2121 (ii) a county commissioners court in the
2222 state;
2323 (iii) a municipal governing body in the
2424 state;
2525 (iv) a deliberative body that has
2626 rulemaking or quasi-judicial power and that is classified as a
2727 department, agency, or political subdivision of a county or
2828 municipality;
2929 (v) a school district board of trustees;
3030 (vi) a county board of school trustees;
3131 (vii) a county board of education;
3232 (viii) the governing board of a special
3333 district;
3434 (ix) the governing body of a nonprofit
3535 corporation organized under Chapter 67, Water Code, that provides a
3636 water supply or wastewater service, or both, and is exempt from ad
3737 valorem taxation under Section 11.30, Tax Code;
3838 (x) a local workforce development board
3939 created under Section 2308.253;
4040 (xi) a nonprofit corporation that is
4141 eligible to receive funds under the federal community services
4242 block grant program and that is authorized by this state to serve a
4343 geographic area of the state;
4444 (xii) a confinement facility operated under
4545 a contract with any division of the Texas Department of Criminal
4646 Justice;
4747 (xiii) a civil commitment housing facility
4848 owned, leased, or operated by a vendor under contract with the state
4949 as provided by Chapter 841, Health and Safety Code;
5050 (xiv) an entity that receives public funds
5151 in the current or preceding state fiscal year to manage the daily
5252 operations or restoration of the Alamo, or an entity that oversees
5353 such an entity; [and]
5454 (xv) the part, section, or portion of an
5555 organization, corporation, commission, committee, institution, or
5656 agency that spends or that is supported in whole or in part by
5757 public funds; and
5858 (xvi) an independent organization
5959 established under Section 39.151, Utilities Code, to manage a power
6060 region; and
6161 (B) does not include:
6262 (i) the judiciary; or
6363 (ii) an economic development entity whose
6464 mission or purpose is to develop and promote the economic growth of
6565 a state agency or political subdivision with which the entity
6666 contracts if:
6767 (a) the entity does not receive $1
6868 million or more in public funds from a single state agency or
6969 political subdivision in the current or preceding state fiscal
7070 year; or
7171 (b) the entity:
7272 (1) either:
7373 (A) does not have the
7474 authority to make decisions or recommendations on behalf of a state
7575 agency or political subdivision regarding tax abatements or tax
7676 incentives; or
7777 (B) does not require an
7878 officer of the state agency or political subdivision to hold office
7979 as a member of the board of directors of the entity;
8080 (2) does not use staff or office
8181 space of the state agency or political subdivision for no or nominal
8282 consideration, unless the space is available to the public;
8383 (3) to a reasonable degree,
8484 tracks the entity's receipt and expenditure of public funds
8585 separately from the entity's receipt and expenditure of private
8686 funds; and
8787 (4) provides at least quarterly
8888 public reports to the state agency or political subdivision
8989 regarding work performed on behalf of the state agency or political
9090 subdivision.
9191 SECTION 2. Subchapter D, Chapter 39, Utilities Code, is
9292 amended by adding Section 39.1517 to read as follows:
9393 Sec. 39.1517. DISCLOSURE OF PUBLIC INFORMATION BY GOVERNING
9494 BODY OF INDEPENDENT ORGANIZATION. A provision of law that makes
9595 information confidential or not subject to disclosure under Chapter
9696 552, Government Code, or another provision of law, that applies to
9797 the commission applies in the same manner to an independent
9898 organization certified under Section 39.151.
9999 SECTION 3. The changes in law made by this Act apply only to
100100 a request for public information received on or after the effective
101101 date of this Act. A request for public information received before
102102 the effective date of this Act is governed by the law in effect when
103103 the request was received, and the former law is continued in effect
104104 for that purpose.
105105 SECTION 4. This Act takes effect September 1, 2025.