Bill Text: TX SB408 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the definition of a governmental body for the purposes of the public information law.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Engrossed - Dead) 2017-04-18 - Referred to Government Transparency & Operation [SB408 Detail]

Download: Texas-2017-SB408-Introduced.html
  85R1700 MCK-D
 
  By: Watson S.B. No. 408
 
 
 
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; and
                           (xii)  the part, section, or portion of an
  organization, corporation, commission, committee, institution, or
  agency that:
                                 (a)  receives public funds or other
  public resources unless the receipt of the funds or other resources
  imposes a specific and definite obligation on the entity to provide
  a measurable amount of service in exchange for the funds or other
  resources as would be expected in an arms-length transaction for
  services between a vendor and purchaser;
                                 (b)  is a party to a contract with a
  governmental body or involved in another relationship with a
  governmental body that involves public funds and that indicates a
  common purpose or objective or that creates an agency-type
  relationship between the entity and one or more governmental
  bodies; or
                                 (c)  provides services traditionally
  provided by a governmental body [spends or that is supported in
  whole or in part by public funds]; and
                     (B)  does not include the judiciary.
         SECTION 2.  The change in law made by this Act applies only
  to a request for public information received on or after the
  effective date of this Act. A request for public information
  received before the effective date of this Act is governed by the
  law in effect when the request was received, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.
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