HBA-ALS H.B. 596 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 596
By: Maxey
State Affairs
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, private organizations that contract with the state to perform
duties previously executed by the state are not subject to the same open
meetings and open records laws that the state was required to follow in its
performance of such duties.  H.B. 596 makes private organizations that
receive public money to carry out duties previously performed by the state,
or that operate a lottery, subject to existing open meetings and open
records laws.  H.B. 596 applies only to records which pertain to the
performance of duties previously performed by the state or to the operation
of a lottery and does not affect other functions and records of a private
organization that contracts with the state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 551.001(3), Government Code, to include in the
definition of "government body" a nonprofit corporation organized under
Chapter 67, Water Code (Nonprofit Water Supply or Sewer Service
Corporations).  Includes in the definition of "government body" an entity's
governing body that is under a contract with this state to provide a
service, including the provision of an integrated eligibility determination
and service delivery system for health and human services, to perform a
duty that was formerly provided or performed by this state, or to operate a
lottery under Chapter 466 (State Lottery), and is a governing body that
engages or proposes to engage in a deliberation relating to a matter
pertaining to that contract, the  entity's provision of a service under
that contract, or the entity's performance of a duty under that contract.
Makes nonsubstantive changes. 

SECTION 2.  Amends Section 552.003(1), Government Code, to include in the
definition of "government body" an entity, or part, section, or portion of
an entity that is under a contract with this state to provide a service,
including the  provision of an integrated eligibility determination and
service delivery system for health and human services, to perform a duty
that was formerly provided or performed by this state, or to operate a
lottery under Chapter 466 (State Lottery). Makes conforming and
nonsubstantive changes. 

SECTION 3.  (a)  Effective date: September 1, 1999. 

(b)  Makes application of Section 1 of his Act prospective. 

(c)  Makes application of Section 2 of this Act retroactive. 

SECTION 3.  Emergency clause. 
                       Effective date: 90 days after adjournment.