Bill Text: TX SB1826 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to the definition in the open meetings law of the term "deliberation."

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-05-16 - Referred to State Affairs [SB1826 Detail]

Download: Texas-2011-SB1826-Comm_Sub.html

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By: Gallegos S.B. No. 1826
(In the Senate - Filed March 11, 2011; March 24, 2011, read
first time and referred to Select Committee on Open Government;
May 6, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; May 6, 2011, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1826 By: Davis

A BILL TO BE ENTITLED
AN ACT
relating to the definition in the open meetings law of the term
"deliberation."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivisions (2) and (4), Section 551.001,
Government Code, are amended to read as follows:
(2) "Deliberation" means a verbal or written exchange
[during a meeting] between a quorum of a governmental body, or
between a quorum of a governmental body and another person,
concerning an issue within the jurisdiction of the governmental
body or any public business. A written exchange includes an e-mail,
letter, or other written communication that:
(A) is produced by or originates from a member of
the governmental body;
(B) is circulated among a quorum of the
governmental body; and
(C) concerns an issue within the jurisdiction of
the governmental body or any public business.
(4) "Meeting" means:
(A) a deliberation between a quorum of a
governmental body, or between a quorum of a governmental body and
another person, during which public business or public policy over
which the governmental body has supervision or control is discussed
or considered or during which the governmental body takes formal
action; or
(B) except as otherwise provided by this
subdivision, a gathering:
(i) that is conducted by the governmental
body or for which the governmental body is responsible;
(ii) at which a quorum of members of the
governmental body is present or actively participating;
(iii) that has been called by the
governmental body; and
(iv) at which the members receive
information from, give information to, ask questions of, or receive
questions from any third person, including an employee of the
governmental body, about the public business or public policy over
which the governmental body has supervision or control.
The term does not include the gathering of a quorum of a
governmental body at a social function unrelated to the public
business that is conducted by the body, or the attendance by a
quorum of a governmental body at a regional, state, or national
convention or workshop, ceremonial event, or press conference, if
formal action is not taken and any discussion of public business is
incidental to the social function, convention, workshop,
ceremonial event, or press conference.
The term includes a session of a governmental body.
SECTION 2. This Act takes effect September 1, 2011.
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