Tuesday, July 31, 2007

Quasi Jurisdiction is not your JOB~ It belongs to Governmental Body not 1 man.

Open Records

I. STATUTE -- BASIC APPLICATION

B. Whose records are and are not subject to the act?

Virtually all local and state government bodies and many quasi-governmental bodies are subject to the Act. Section 552.002 makes public "information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

(1) by a governmental body; or

(2) for a governmental body and the governmental body owns the information or has a right of access to it.

The Act's definition of "governmental body" is quite broad. Section 552.003(l)(A) provides that the term means:

(i) a board, commission, department, committee, institution, agency, or office that is within or is created by the executive or legislative branch of state government and that is directed by one or more elected or appointed members;

(ii) a county commissioners court in the state;

(iii) a municipal governing body in the state;

(iv) 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;

(v) a school district board of trustees;

(vi) a county board of school trustees;

(vii) a county board of education;

(viii) the governing board of a special district;

(ix) the governing body of 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;

(x) a local workforce development board created under Section 2308.253;

(xi) 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; and

(xii) the part, section, or portion of an organization, corporation, commission, committee, institution, or agency that spends or that is supported in whole or in part by public funds.

Quasi-judicial power has been defined as: (1) the power to exercise judgment and discretion; (2) the power to hear and determine or to ascertain facts and decide; (3) the power to make binding orders and judgments; (4) the power to affect the personal or property rights of private persons; (5) the power to examine witnesses, to compel the attendance of witnesses, and to hear the litigation of issues on a hearing; and (6) the power to enforce decisions or impose penalties. Blankenship v. Brazos Higher Educ. Auth., 975 S.W.2d 353, 360 (Tex. App.-Waco 1998, pet. denied). An entity possessing none of these characteristics is not a quasi-judicial entity for purposes of establishing that it is a government body.

The Reporters Committee for Freedom of the Press is pleased to make this comprehensive guide available to you at no cost. We hope you will find it useful and consider buying a copy (or just contributing directly) to help underwrite our efforts and enable us to keep producing publications that help journalists overcome the daily legal hurdles they encounter.

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