Bill Text: TX HB231 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the applicability of the public information law to independent organizations certified to manage a power region.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-09 - Filed [HB231 Detail]
Download: Texas-2021-HB231-Introduced.html
| 87S10251 BEF-D | ||
| By: Johnson of Dallas | H.B. No. 231 | |
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| relating to the applicability of the public information law to | ||
| independent organizations certified to manage a power region. | ||
| 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; [ |
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| (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) an independent organization | ||
| established under Section 39.151, Utilities Code; 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. (a) Chapter 552, Government Code, applies to a | ||
| request for public information sent to or received by a | ||
| governmental body, as defined by Section 552.003(1)(A)(xvi), | ||
| Government Code, as added by this Act, on or after February 1, 2021. | ||
| (b) For the purpose of computing a deadline under Chapter | ||
| 552, Government Code, or a rule adopted under that chapter, a | ||
| request for public information described by Subsection (a) of this | ||
| section that was sent or received on or after February 1, 2021, and | ||
| before the effective date of this Act is considered to be sent and | ||
| received on the effective date of this Act. | ||
| SECTION 3. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
