88R2544 TJB-D
 
  By: Middleton S.B. No. 933
 
 
 
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 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, 2023.