Bill Text: TX SB758 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: Relating to the definition of a governmental body for the purposes of the public information law.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2025-04-29 - Not again placed on intent calendar [SB758 Detail]
Download: Texas-2025-SB758-Comm_Sub.html
| 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.) | ||
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| 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; [ |
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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) 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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