HB969 - 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.

      By: Hernandez of Dallas 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.