HB5136 - Relating to membership on and the applicability of the open meetings law to the governing board of a children's advocacy center.

  89R288 MCK-F     By: Richardson H.B. No. 5136       A BILL TO BE ENTITLED   AN ACT   relating to membership on and the applicability of the open   meetings law to the governing board of a children's advocacy   center.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 264.404, Family Code, is   amended to read as follows:          Sec. 264.404.  BOARD REPRESENTATION ; LENGTH OF SERVICE;   INELIGIBILITY .          SECTION 2.  Section 264.404, Family Code, is amended by   adding Subsections (d) and (e) to read as follows:           (d)     A person, other than a person described by Subsection   (a), may not serve as a member of the governing board of a center for   more than 10 years.           (e)     A person is ineligible to serve as a member of the   governing board of a center if the person:                 (1)     served as a member of the governing board of the   center, other than as a member described by Subsection (a), and   resigned or was removed from the board; or                 (2)     is related within the fifth degree of   consanguinity or affinity, as determined under Subchapter B,   Chapter 573, Government Code, to a member of the governing board of   the center.          SECTION 3.  Subchapter E, Chapter 264, Family Code, is   amended by adding Section 264.4041 to read as follows:           Sec.   264.4041.     OPEN MEETINGS REQUIRED. Meetings of the   governing board of a center must be conducted in accordance with the   open meetings law, Chapter 551, Government Code.          SECTION 4.  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)     the governing board of a children's advocacy   center subject to Subchapter E, Chapter 264, Family Code .          SECTION 5.  Subchapter C, Chapter 551, Government Code, is   amended by adding Section 551.057 to read as follows:           Sec.   551.057.     CHILDREN'S ADVOCACY CENTER: PLACE OF POSTING   NOTICE.   (a)   The governing board of a children's advocacy center   shall provide notice of each meeting by either:                 (1)     notifying the county clerk of each county with   which the children's advocacy center has entered into a memorandum   of understanding to provide services; or                 (2)     continuously posting notice of the meeting and the   agenda for the meeting on the main page of the children's advocacy   center's Internet website.           (b)     A county clerk shall post a notice provided to the clerk   under Subsection (a)(1) on a bulletin board at a place convenient to   the public in the county courthouse.          SECTION 6.  Subchapter D, Chapter 551, Government Code, is   amended by adding Section 551.092 to read as follows:           Sec.   551.092.     CHILDREN'S ADVOCACY CENTER: PERSONALLY   IDENTIFIABLE INFORMATION.   (a)   This chapter does not require the   governing board of a children's advocacy center to conduct an open   meeting to deliberate a matter regarding a client of the children's   advocacy center if personally identifiable information about the   client, client's relative, or other interested individual will   necessarily be revealed during the deliberation.           (b)     This section does not apply to matters regarding members   of the governing board or employees or volunteers of a children's   advocacy center.          SECTION 7.  (a)  Notwithstanding Section 264.404(d), Family   Code, as added by this Act, a person who on the effective date of   this Act has served as a member of the governing board of a   children's advocacy center for 10 or more years may continue to   serve on the board until the second anniversary of the effective   date of this Act.          (b)  The changes in law made by this Act to Chapter 551,   Government Code, apply only to a meeting of the governing board of a   children's advocacy center held on or after the effective date of   this Act. A meeting of the governing board of a children's advocacy   center held before the effective date of this Act is governed by the   law in effect on the date the meeting was held, and the former law is   continued in effect for that purpose.          SECTION 8.  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, 2025.