Selected Provisions From The Texas Open Meetings Act, From The Government Code

ß 551.001. Definitions

In this chapter:

(1) "Closed meeting" means a meeting to which the public does not have access.

(2) "Deliberation" means a verbal exchange during a meeting between a quorum
of a governmental body, or between a quorum of a governmental body and
another person, concerning an issue within the jurisdiction of the
governmental body or any public business.

(3) "Governmental body" means:

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

(B) a county commissioners court in the state;

(C) a municipal governing body in the state;

(D) 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;

(E) a school district board of trustees;

(F) a county board of school trustees;

(G) a county board of education;

(H) the governing board of a special district created by law;

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

(Text of subd. (3)(J) as added by Acts 2001, 77th Leg., ch. 633, ß1)

(J) 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.

(Text of subd. (3)(J) as added by Acts 2001, 77th Leg., ch. 1004, ß1)

(J) 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.

(4) "Meeting" means:

(A) a deliberation between a quorum of a governmental body, or between a
quorum of a governmental body and another person, during which public
business or public policy over which the governmental body has supervision
or control is discussed or considered or during which the governmental body
takes formal action; or

(B) except as otherwise provided by this subdivision, a gathering:

(i) that is conducted by the governmental body or for which the governmental body is responsible;

(ii) at which a quorum of members of the governmental body is present;

(iii) that has been called by the governmental body; and

(iv) at which the members receive information from, give information to, ask
questions of, or receive questions from any third person, including an
employee of the governmental body, about the public business or public
policy over which the governmental body has supervision or control. The term
does not include the gathering of a quorum of a governmental body at a
social function unrelated to the public business that is conducted by the
body, or the attendance by a quorum of a governmental body at a regional,
state, or national convention or workshop, if formal action is not taken and
any discussion of public business is incidental to the social function,
convention, or workshop. The term includes a session of a governmental body.

(5) "Open" means open to the public.

(6) "Quorum" means a majority of a governmental body, unless defined
differently by applicable law or rule or the charter of the governmental body.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

(Amended by Acts 1999, 76th Leg., ch. 62, ß 18.23, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 647, ß 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch.
633, ß 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1004, ß 1, eff. Sept. 1, 2001.)

ß 551.002. Open Meetings Requirement

Every regular, special, or called meeting of a governmental body shall be
open to the public, except as provided by this chapter.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

ß 551.023. Recording of Meeting by Person in Attendance

(a) A person in attendance may record all or any part of an open meeting of
a governmental body by means of a tape recorder, video camera, or other
means of aural or visual reproduction.

(b) A governmental body may adopt reasonable rules to maintain order at a
meeting, including rules relating to:

(1) the location of recording equipment; and

(2) the manner in which the recording is conducted.

(c) A rule adopted under Subsection (b) may not prevent or unreasonably
impair a person from exercising a right granted under Subsection (a).

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

ß 551.042. Inquiry Made at Meeting

(a) If, at a meeting of a governmental body, a member of the public or of
the governmental body inquires about a subject for which notice has not been
given as required by this subchapter, the notice provisions of this
subchapter do not apply to:

(1) a statement of specific factual information given in response to the inquiry; or

(2) a recitation of existing policy in response to the inquiry.

(b) Any deliberation of or decision about the subject of the inquiry shall
be limited to a proposal to place the subject on the agenda for a subsequent meeting.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

ß 551.043. Time and Accessibility of Notice; General Rule

The notice of a meeting of a governmental body must be posted in a place
readily accessible to the general public at all times for at least 72 hours
before the scheduled time of the meeting, except as provided by Sections 551.044-551.046.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

ß 551.048. State Governmental Body: Notice to Secretary of State; Place of Posting Notice

(a) A state governmental body shall provide notice of each meeting to the secretary of state.

(b) The secretary of state shall post the notice on the Internet. The
secretary of state shall provide during regular office hours a computer
terminal at a place convenient to the public in the office of the secretary
of state that members of the public may use to view the notice.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

(Amended by Acts 1999, 76th Leg., ch. 622, ß 2, eff. Sept. 1, 1999.)

ß 551.053. District or Political Subdivision Extending Into Four or More
Counties: Notice to Public, Secretary of State, and County Clerk; Place of Posting Notice

(a) The governing body of a water district or other district or political
subdivision that extends into four or more counties shall:

(1) post notice of each meeting at a place convenient to the public in the
administrative office of the district or political subdivision;

(2) provide notice of each meeting to the secretary of state; and

(3) provide notice of each meeting to the county clerk of the county in
which the administrative office of the district or political subdivision is located.

(b) The secretary of state shall post the notice provided under Subsection
(a)(2) on the Internet. The secretary of state shall provide during regular
office hours a computer terminal at a place convenient to the public in the
office of the secretary of state that members of the public may use to view the notice.

(c) A county clerk shall post the notice provided under Subsection (a)(3) on
a bulletin board at a place convenient to the public in the county courthouse.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

(Amended by Acts 1999, 76th Leg., ch. 622, ß 3, eff. Sept. 1, 1999.)

ß 551.141. Action Voidable

An action taken by a governmental body in violation of this chapter is voidable.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)

ß 551.142. Mandamus; Injunction

(a) An interested person, including a member of the news media, may bring an
action by mandamus or injunction to stop, prevent, or reverse a violation or
threatened violation of this chapter by members of a governmental body.

(b) The court may assess costs of litigation and reasonable attorney fees
incurred by a plaintiff or defendant who substantially prevails in an action
under Subsection (a). In exercising its discretion, the court shall consider
whether the action was brought in good faith and whether the conduct of the
governmental body had a reasonable basis in law.

(Added by Acts 1993, 73rd Leg., ch. 268, ß 1, eff. Sept. 1, 1993.)