Texas 2025 - 89th Regular

Texas House Bill HB5136 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R288 MCK-F
2	2	By: Richardson H.B. No. 5136
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to membership on and the applicability of the open
10	10	meetings law to the governing board of a children's advocacy
11	11	center.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 264.404, Family Code, is
14	14	amended to read as follows:
15	15	Sec. 264.404. BOARD REPRESENTATION; LENGTH OF SERVICE;
16	16	INELIGIBILITY.
17	17	SECTION 2. Section 264.404, Family Code, is amended by
18	18	adding Subsections (d) and (e) to read as follows:
19	19	(d) A person, other than a person described by Subsection
20	20	(a), may not serve as a member of the governing board of a center for
21	21	more than 10 years.
22	22	(e) A person is ineligible to serve as a member of the
23	23	governing board of a center if the person:
24	24	(1) served as a member of the governing board of the
25	25	center, other than as a member described by Subsection (a), and
26	26	resigned or was removed from the board; or
27	27	(2) is related within the fifth degree of
28	28	consanguinity or affinity, as determined under Subchapter B,
29	29	Chapter 573, Government Code, to a member of the governing board of
30	30	the center.
31	31	SECTION 3. Subchapter E, Chapter 264, Family Code, is
32	32	amended by adding Section 264.4041 to read as follows:
33	33	Sec. 264.4041. OPEN MEETINGS REQUIRED. Meetings of the
34	34	governing board of a center must be conducted in accordance with the
35	35	open meetings law, Chapter 551, Government Code.
36	36	SECTION 4. Section 551.001(3), Government Code, is amended
37	37	to read as follows:
38	38	(3) "Governmental body" means:
39	39	(A) a board, commission, department, committee,
40	40	or agency within the executive or legislative branch of state
41	41	government that is directed by one or more elected or appointed
42	42	members;
43	43	(B) a county commissioners court in the state;
44	44	(C) a municipal governing body in the state;
45	45	(D) a deliberative body that has rulemaking or
46	46	quasi-judicial power and that is classified as a department,
47	47	agency, or political subdivision of a county or municipality;
48	48	(E) a school district board of trustees;
49	49	(F) a county board of school trustees;
50	50	(G) a county board of education;
51	51	(H) the governing board of a special district
52	52	created by law;
53	53	(I) a local workforce development board created
54	54	under Section 2308.253;
55	55	(J) a nonprofit corporation that is eligible to
56	56	receive funds under the federal community services block grant
57	57	program and that is authorized by this state to serve a geographic
58	58	area of the state;
59	59	(K) a nonprofit corporation organized under
60	60	Chapter 67, Water Code, that provides a water supply or wastewater
61	61	service, or both, and is exempt from ad valorem taxation under
62	62	Section 11.30, Tax Code;
63	63	(L) a joint board created under Section 22.074,
64	64	Transportation Code; [and]
65	65	(M) a board of directors of a reinvestment zone
66	66	created under Chapter 311, Tax Code; and
67	67	(N) the governing board of a children's advocacy
68	68	center subject to Subchapter E, Chapter 264, Family Code.
69	69	SECTION 5. Subchapter C, Chapter 551, Government Code, is
70	70	amended by adding Section 551.057 to read as follows:
71	71	Sec. 551.057. CHILDREN'S ADVOCACY CENTER: PLACE OF POSTING
72	72	NOTICE. (a) The governing board of a children's advocacy center
73	73	shall provide notice of each meeting by either:
74	74	(1) notifying the county clerk of each county with
75	75	which the children's advocacy center has entered into a memorandum
76	76	of understanding to provide services; or
77	77	(2) continuously posting notice of the meeting and the
78	78	agenda for the meeting on the main page of the children's advocacy
79	79	center's Internet website.
80	80	(b) A county clerk shall post a notice provided to the clerk
81	81	under Subsection (a)(1) on a bulletin board at a place convenient to
82	82	the public in the county courthouse.
83	83	SECTION 6. Subchapter D, Chapter 551, Government Code, is
84	84	amended by adding Section 551.092 to read as follows:
85	85	Sec. 551.092. CHILDREN'S ADVOCACY CENTER: PERSONALLY
86	86	IDENTIFIABLE INFORMATION. (a) This chapter does not require the
87	87	governing board of a children's advocacy center to conduct an open
88	88	meeting to deliberate a matter regarding a client of the children's
89	89	advocacy center if personally identifiable information about the
90	90	client, client's relative, or other interested individual will
91	91	necessarily be revealed during the deliberation.
92	92	(b) This section does not apply to matters regarding members
93	93	of the governing board or employees or volunteers of a children's
94	94	advocacy center.
95	95	SECTION 7. (a) Notwithstanding Section 264.404(d), Family
96	96	Code, as added by this Act, a person who on the effective date of
97	97	this Act has served as a member of the governing board of a
98	98	children's advocacy center for 10 or more years may continue to
99	99	serve on the board until the second anniversary of the effective
100	100	date of this Act.
101	101	(b) The changes in law made by this Act to Chapter 551,
102	102	Government Code, apply only to a meeting of the governing board of a
103	103	children's advocacy center held on or after the effective date of
104	104	this Act. A meeting of the governing board of a children's advocacy
105	105	center held before the effective date of this Act is governed by the
106	106	law in effect on the date the meeting was held, and the former law is
107	107	continued in effect for that purpose.
108	108	SECTION 8. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2025.