HB2388 - Relating to the definition of a governmental body for the purposes of the public information law.

  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.