89R288 MCK-F
By: Richardson H.B. No. 5136
A BILL TO BE ENTITLED
AN ACT
relating to membership on and the applicability of the open
meetings law to the governing board of a children's advocacy
center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 264.404, Family Code, is
amended to read as follows:
Sec. 264.404. BOARD REPRESENTATION; LENGTH OF SERVICE;
INELIGIBILITY.
SECTION 2. Section 264.404, Family Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) A person, other than a person described by Subsection
(a), may not serve as a member of the governing board of a center for
more than 10 years.
(e) A person is ineligible to serve as a member of the
governing board of a center if the person:
(1) served as a member of the governing board of the
center, other than as a member described by Subsection (a), and
resigned or was removed from the board; or
(2) is related within the fifth degree of
consanguinity or affinity, as determined under Subchapter B,
Chapter 573, Government Code, to a member of the governing board of
the center.
SECTION 3. Subchapter E, Chapter 264, Family Code, is
amended by adding Section 264.4041 to read as follows:
Sec. 264.4041. OPEN MEETINGS REQUIRED. Meetings of the
governing board of a center must be conducted in accordance with the
open meetings law, Chapter 551, Government Code.
SECTION 4. 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) the governing board of a children's advocacy
center subject to Subchapter E, Chapter 264, Family Code.
SECTION 5. Subchapter C, Chapter 551, Government Code, is
amended by adding Section 551.057 to read as follows:
Sec. 551.057. CHILDREN'S ADVOCACY CENTER: PLACE OF POSTING
NOTICE. (a) The governing board of a children's advocacy center
shall provide notice of each meeting by either:
(1) notifying the county clerk of each county with
which the children's advocacy center has entered into a memorandum
of understanding to provide services; or
(2) continuously posting notice of the meeting and the
agenda for the meeting on the main page of the children's advocacy
center's Internet website.
(b) A county clerk shall post a notice provided to the clerk
under Subsection (a)(1) on a bulletin board at a place convenient to
the public in the county courthouse.
SECTION 6. Subchapter D, Chapter 551, Government Code, is
amended by adding Section 551.092 to read as follows:
Sec. 551.092. CHILDREN'S ADVOCACY CENTER: PERSONALLY
IDENTIFIABLE INFORMATION. (a) This chapter does not require the
governing board of a children's advocacy center to conduct an open
meeting to deliberate a matter regarding a client of the children's
advocacy center if personally identifiable information about the
client, client's relative, or other interested individual will
necessarily be revealed during the deliberation.
(b) This section does not apply to matters regarding members
of the governing board or employees or volunteers of a children's
advocacy center.
SECTION 7. (a) Notwithstanding Section 264.404(d), Family
Code, as added by this Act, a person who on the effective date of
this Act has served as a member of the governing board of a
children's advocacy center for 10 or more years may continue to
serve on the board until the second anniversary of the effective
date of this Act.
(b) The changes in law made by this Act to Chapter 551,
Government Code, apply only to a meeting of the governing board of a
children's advocacy center held on or after the effective date of
this Act. A meeting of the governing board of a children's advocacy
center held before the effective date of this Act is governed by the
law in effect on the date the meeting was held, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.