HBA-TYH H.B. 1862 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1862
By: Gutierrez
State Affairs
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law allows governmental bodies to deliberate real estate
transactions (discussions regarding the purchase, exchange, lease, or value
of land) in closed meetings, because open discussions of  how much a
governmental body would be willing to pay or accept for property could put
them at a negotiating disadvantage.  While this exception was not intended
to be used to negotiate private deals without public input or debate, it
has raised the question of whether or not the exception is necessary when
all parties to a transaction are governmental bodies.  H.B. 1862 removes
the exception allowing closed meetings for real estate transactions if both
parties to the transaction are governmental bodies.  

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 551.072, Government Code, by creating Subsection
(a) from existing text and adding Subsection (b) to provide that if each
party to the proposed purchase, exchange, or lease is a governmental body,
then Subsection (a), pertaining to the authorization of a governmental body
to conduct a closed meeting to deliberate proposed real property
transactions, does not apply. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.