HISTORY: SENATE RECORD VOTE:
HOUSE RECORD VOTE:S.B. No. 1306
AN ACT
relating to the attendance by a quorum of a governmental body at certain events under the open meetings law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (4), Section 551.001, Government Code, is amended to read as follows:
(4) "Meeting" means:
(A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or
(B) except as otherwise provided by this subdivision, a gathering:
(i) that is conducted by the governmental body or for which the governmental body is responsible;
(ii) at which a quorum of members of the governmental body is present;
(iii) that has been called by the governmental body; and
(iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control.
The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, [or] workshop, ceremonial event, or press conference.
The term includes a session of a governmental body.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1306 passed the Senate on April 19, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1306 passed the House on May 9, 2007, by the following vote: Yeas 144, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor
Analysis:
Senate Bill 1306 amends the Government Code to clarify the type of social functions which would not be subject to the Texas Open Meetings Act if attended by a quorum of a governmental body. The bill provides that the term "meeting" does not include attendance at a ceremonial event or press conference by a quorum of a governmental body. The bill further restricts the governmental body from taking any formal action at such events, in conformance with the current requirements of the Texas Open Meetings Act.
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