Kerwin Bill Puts Local Government Associations Under Public Information Law

The text as introduced · 623 words

89R708 TJB-D

By: Kerwin
H.B. No. 2388

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.