HBA-TYH H.B. 3695 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3695 By: Clark State Affairs 4/13/1999 Introduced BACKGROUND AND PURPOSE While current law authorizes city councils to go into executive session to discuss the appointment of "officers or employees" of the governing body, the council must discuss the various volunteer offices in open session. According to opinions of the Office of the Attorney General, volunteer members of boards, commissions, and task forces are generally not considered "public officers or employees." Thus, discussions regarding the qualifications of these individuals may not take place in closed meetings. Public meetings in which a volunteer's relative merits and failings are discussed may lead to hesitancy for future candidates to volunteer. H.B. 3695 gives municipal governing bodies the same authority as the commissioners court of a county to convene in closed meetings to deliberate the appointment of and complaints against members of advisory boards, commissions, and committees. 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 551.0745, Subchapter D, Chapter 551, Government Code, as follows: Sec. 551.0745. New title: PERSONNEL MATTERS AFFECTING MUNICIPAL OR COUNTY ADVISORY BODY: CLOSED MEETING. Provides that this chapter (Open Meetings) does not require the commissioners court of a county or the governing body of a municipality to conduct an open meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a member of an advisory body, or to hear a complaint or charge against a member of an advisory body. SECTION 2. Emergency clause. Effective date: 90 days after adjournment.