Texas Attorney General Opinion: DM-39 Page: 3 of 5
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Robert A. MacLean, M.D. - Page 3
HJ. of Tex., 71st Leg., at 2108-10 (1989). As issued from the House Committee on
Public Health, the committee substitute for House Bill 1901 included in section
2.02(a) of article 2 of the act a requirement that the department's grant application
procedures for grants to nonprofit community organizations "include a public hear-
ing, after reasonable notice, in the county in which the community organization is
based before awarding a grant." See C.S.H.B. 1901, art. 2, 2.02(a), 71st Leg. (1989)
(House committee substitute located in bill file to H.B. 1901). An amendment
sponsored by Representative Brad Wright on the floor amended that language in
section 2.02(a) by adding the phrase "or grants totalling in excess of $10,000
annually." HJ. of Tex., 71st Leg., at 2110 (1989) (second reading of C.S.H.B. 1901).
Prior to adoption of the amendment, the sponsor explained that the committee
substitute for House Bill 1901 would require a public hearing before awarding any
grant to a community organization and that the purpose of his amendment was to
avoid the cost of the hearing procedure exceeding the amount of the award by
applying the public hearing requirement only "to grants in excess of $10,000."
Debate on C.S.H.B. 1901 on the Floor of the House, 71st Leg. (May 19, 1989) (tape
available through Office of the House Committee Coordinator). Thus, the phrase
"totalling in excess of $10,000 annually" was meant to modify the word "grant" as
well as "grants."
In lieu of the amended committee substitute for House Bill 1901, the House
subsequently considered on the floor the committee substitute for Senate Bill 959
that was issued by the House Committee on Public Health. HJ. of Tex., 71st Leg.,
at 2286 (1989); C.S.S.B. 959, 71st Leg. (1989) (House committee substitute located
in bill file to S.B. 959). In the House committee substitute for Senate Bill 959, the
House committee included in section 2.02(a) of the act a provision requiring that
the department's grant application procedures for grants to nonprofit community
organizations "include a public hearing, after reasonable notice, in the county in
which the community organization is based before awarding a grant or grants
totalling in excess of $10,000 annually." The quoted language is identical to that in
the House committee substitute for House Bill 1901 after adoption of Wright's
amendment on the floor of the House during second reading of the bill. The
quoted language in the House committee substitute for Senate Bill 959 was
thereafter amended during second reading on the floor of the House so that the
public hearing requirement in section 2.02(a) applied only to "a grant or grants
totalling in excess of $20,000." H.J. of Tex., 71st Leg., at 2287 (1989) (emphasis
added).p. 193
(DM- 3 9)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-39, text, September 11, 1991; (https://texashistory.unt.edu/ark:/67531/metapth273846/m1/3/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.