Texas 2025 - 89th Regular

Texas House Bill HB969 Compare Versions

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11 By: Garcia Hernandez H.B. No. 969
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the applicability of the open meetings law and the
99 public information law to the Texas Energy Reliability Council and
1010 to independent organizations established to manage power regions.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 418.309(c) and (d), Government Code,
1313 are amended to read as follows:
1414 (c) The [Except as provided by Subsection (d), the meetings
1515 of the council and information obtained or created by the] council
1616 is [are not] subject to the requirements of Chapters [Chapter] 551
1717 and [or] 552.
1818 (d) Information written, produced, collected, assembled, or
1919 maintained under law or in connection with the transaction of
2020 official business by the council or an officer or employee of the
2121 council is subject to Section 552.008 [in the same manner as public
2222 information].
2323 SECTION 2. Section 551.001(3), Government Code, is amended
2424 to read as follows:
2525 (3) "Governmental body" means:
2626 (A) a board, commission, department, committee,
2727 or agency within the executive or legislative branch of state
2828 government that is directed by one or more elected or appointed
2929 members;
3030 (B) a county commissioners court in the state;
3131 (C) a municipal governing body in the state;
3232 (D) a deliberative body that has rulemaking or
3333 quasi-judicial power and that is classified as a department,
3434 agency, or political subdivision of a county or municipality;
3535 (E) a school district board of trustees;
3636 (F) a county board of school trustees;
3737 (G) a county board of education;
3838 (H) the governing board of a special district
3939 created by law;
4040 (I) a local workforce development board created
4141 under Section 2308.253;
4242 (J) a nonprofit corporation that is eligible to
4343 receive funds under the federal community services block grant
4444 program and that is authorized by this state to serve a geographic
4545 area of the state;
4646 (K) a nonprofit corporation organized under
4747 Chapter 67, Water Code, that provides a water supply or wastewater
4848 service, or both, and is exempt from ad valorem taxation under
4949 Section 11.30, Tax Code;
5050 (L) a joint board created under Section 22.074,
5151 Transportation Code; [and]
5252 (M) a board of directors of a reinvestment zone
5353 created under Chapter 311, Tax Code; and
5454 (N) an independent organization established
5555 under Section 39.151, Utilities Code, to manage a power region.
5656 SECTION 3. Section 552.003(1), Government Code, is amended
5757 to read as follows:
5858 (1) "Governmental body":
5959 (A) means:
6060 (i) a board, commission, department,
6161 committee, institution, agency, or office that is within or is
6262 created by the executive or legislative branch of state government
6363 and that is directed by one or more elected or appointed members;
6464 (ii) a county commissioners court in the
6565 state;
6666 (iii) a municipal governing body in the
6767 state;
6868 (iv) a deliberative body that has
6969 rulemaking or quasi-judicial power and that is classified as a
7070 department, agency, or political subdivision of a county or
7171 municipality;
7272 (v) a school district board of trustees;
7373 (vi) a county board of school trustees;
7474 (vii) a county board of education;
7575 (viii) the governing board of a special
7676 district;
7777 (ix) the governing body of a nonprofit
7878 corporation organized under Chapter 67, Water Code, that provides a
7979 water supply or wastewater service, or both, and is exempt from ad
8080 valorem taxation under Section 11.30, Tax Code;
8181 (x) a local workforce development board
8282 created under Section 2308.253;
8383 (xi) a nonprofit corporation that is
8484 eligible to receive funds under the federal community services
8585 block grant program and that is authorized by this state to serve a
8686 geographic area of the state;
8787 (xii) a confinement facility operated under
8888 a contract with any division of the Texas Department of Criminal
8989 Justice;
9090 (xiii) a civil commitment housing facility
9191 owned, leased, or operated by a vendor under contract with the state
9292 as provided by Chapter 841, Health and Safety Code;
9393 (xiv) an entity that receives public funds
9494 in the current or preceding state fiscal year to manage the daily
9595 operations or restoration of the Alamo, or an entity that oversees
9696 such an entity; [and]
9797 (xv) the part, section, or portion of an
9898 organization, corporation, commission, committee, institution, or
9999 agency that spends or that is supported in whole or in part by
100100 public funds; and
101101 (xvi) an independent organization
102102 established under Section 39.151, Utilities Code, to manage a power
103103 region; and
104104 (B) does not include:
105105 (i) the judiciary; or
106106 (ii) an economic development entity whose
107107 mission or purpose is to develop and promote the economic growth of
108108 a state agency or political subdivision with which the entity
109109 contracts if:
110110 (a) the entity does not receive $1
111111 million or more in public funds from a single state agency or
112112 political subdivision in the current or preceding state fiscal
113113 year; or
114114 (b) the entity:
115115 (1) either:
116116 (A) does not have the
117117 authority to make decisions or recommendations on behalf of a state
118118 agency or political subdivision regarding tax abatements or tax
119119 incentives; or
120120 (B) does not require an
121121 officer of the state agency or political subdivision to hold office
122122 as a member of the board of directors of the entity;
123123 (2) does not use staff or office
124124 space of the state agency or political subdivision for no or nominal
125125 consideration, unless the space is available to the public;
126126 (3) to a reasonable degree,
127127 tracks the entity's receipt and expenditure of public funds
128128 separately from the entity's receipt and expenditure of private
129129 funds; and
130130 (4) provides at least quarterly
131131 public reports to the state agency or political subdivision
132132 regarding work performed on behalf of the state agency or political
133133 subdivision.
134134 SECTION 4. (a) The changes in law made by this Act apply
135135 only to a meeting held on or after the effective date of this Act. A
136136 meeting held before the effective date of this Act is governed by
137137 the law in effect immediately before the effective date of this Act,
138138 and the former law is continued in effect for that purpose.
139139 (b) The changes in law made by this Act apply only to a
140140 request for public information received on or after the effective
141141 date of this Act. A request for public information received before
142142 the effective date of this Act is governed by the law in effect when
143143 the request was received, and the former law is continued in effect
144144 for that purpose.
145145 SECTION 5. This Act takes effect September 1, 2025.