By: Middleton, Campbell, Kolkhorst S.B. No. 758
(In the Senate - Filed January 10, 2025; February 7, 2025,
read first time and referred to Committee on Business & Commerce;
April 16, 2025, reported favorably by the following vote: Yeas 7,
Nays 4; April 16, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the definition of a governmental body for the purposes
of the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.003(1), Government Code, is amended
to read as follows:
(1) "Governmental body":
(A) means:
(i) a board, commission, department,
committee, institution, agency, or office that is within or is
created by the executive or legislative branch of state government
and that is directed by one or more elected or appointed members;
(ii) a county commissioners court in the
state;
(iii) a municipal governing body in the
state;
(iv) 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;
(v) a school district board of trustees;
(vi) a county board of school trustees;
(vii) a county board of education;
(viii) the governing board of a special
district;
(ix) the governing body of 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;
(x) a local workforce development board
created under Section 2308.253;
(xi) 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;
(xii) a confinement facility operated under
a contract with any division of the Texas Department of Criminal
Justice;
(xiii) a civil commitment housing facility
owned, leased, or operated by a vendor under contract with the state
as provided by Chapter 841, Health and Safety Code;
(xiv) an entity that receives public funds
in the current or preceding state fiscal year to manage the daily
operations or restoration of the Alamo, or an entity that oversees
such an entity; [and]
(xv) the part, section, or portion of an
organization, corporation, commission, committee, institution, or
agency that spends or that is supported in whole or in part by
public funds; and
(xvi) a nonprofit state association or
organization primarily composed of similarly situated political
subdivisions; and
(B) does not include:
(i) the judiciary; or
(ii) an economic development entity whose
mission or purpose is to develop and promote the economic growth of
a state agency or political subdivision with which the entity
contracts if:
(a) the entity does not receive $1
million or more in public funds from a single state agency or
political subdivision in the current or preceding state fiscal
year; or
(b) the entity:
(1) either:
(A) does not have the
authority to make decisions or recommendations on behalf of a state
agency or political subdivision regarding tax abatements or tax
incentives; or
(B) does not require an
officer of the state agency or political subdivision to hold office
as a member of the board of directors of the entity;
(2) does not use staff or office
space of the state agency or political subdivision for no or nominal
consideration, unless the space is available to the public;
(3) to a reasonable degree,
tracks the entity's receipt and expenditure of public funds
separately from the entity's receipt and expenditure of private
funds; and
(4) provides at least quarterly
public reports to the state agency or political subdivision
regarding work performed on behalf of the state agency or political
subdivision.
SECTION 2. The change in law made by this Act applies only
to a request for public information received by a governmental body
or an officer for public information on or after the effective date
of this Act.
SECTION 3. This Act takes effect September 1, 2025.
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