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.