Garcia Hernandez Bill Opens Grid Operator Meetings And Records

The text as introduced · 1,062 words

By: Garcia Hernandez
H.B. No. 969

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of the open meetings law and the

public information law to the Texas Energy Reliability Council and

to independent organizations established to manage power regions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 418.309(c) and (d), Government Code,

are amended to read as follows:

(c) The [ Except as provided by Subsection (d), the meetings

of the council and information obtained or created by the ] council

is [ are not ] subject to the requirements of Chapters [ Chapter ] 551

and [ or ] 552.

(d) Information written, produced, collected, assembled, or

maintained under law or in connection with the transaction of

official business by the council or an officer or employee of the

council is subject to Section 552.008 [ in the same manner as public

information ].

SECTION 2. Section 551.001(3), Government Code, is amended

to read as follows:

(3) "Governmental body" means:

(A) a board, commission, department, committee,

or agency within the executive or legislative branch of state

government that is directed by one or more elected or appointed

members;

(B) a county commissioners court in the state;

(C) a municipal governing body in the state;

(D) 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;

(E) a school district board of trustees;

(F) a county board of school trustees;

(G) a county board of education;

(H) the governing board of a special district

created by law;

(I) a local workforce development board created

under Section 2308.253;

(J) 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;

(K) 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;

(L) a joint board created under Section 22.074,

Transportation Code; [ and ]

(M) a board of directors of a reinvestment zone

created under Chapter 311, Tax Code ; and

(N) an independent organization established

under Section 39.151, Utilities Code, to manage a power region .

SECTION 3. 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) an independent organization

established under Section 39.151, Utilities Code, to manage a power

region; 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 4. (a) The changes in law made by this Act apply

only to a meeting held on or after the effective date of this Act. A

meeting held before the effective date of this Act is governed by

the law in effect immediately before the effective date of this Act,

and the former law is continued in effect for that purpose.

(b) The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025.