The law is extremely clear when it comes to
governmental entities and their
meetings. It's called the "Open Meetings Law". It
is found in the Section
551 of the Texas Government Code. Meetings must be open and the
only matters
that can be discussed in private are those that fall under specific
exceptions which they can discuss privately in Executive Session,
but they
must come back into the regular meeting and state on the record
any specific
action that they took in Executive Session. If they took no action,
they
also state that.
Here are some relevant sections regarding penalties:
SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL
VIOLATIONS
§ 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, § 1, eff. Sept. 1,
1993.
§ 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, § 1, eff. Sept. 1,
1993.
§ 551.143. Conspiracy to Circumvent Chapter;
Offense; Penalty
(a) A member or group of members of a governmental body commits
an offense if
the member or group of members knowingly conspires to circumvent
this chapter
by meeting in numbers less than a quorum for the purpose of secret
deliberations in violation of this chapter.
(b) An offense under Subsection (a) is a misdemeanor punishable
by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for not less than one month
or more than
six months; or
(3) both the fine and confinement.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1,
1993.
§ 551.144. Closed Meeting; Offense; Penalty
(a) A member of a governmental body commits an offense if a closed
meeting is
not permitted under this chapter and the member knowingly:
(1) calls or aids in calling or organizing the closed meeting,
whether it is
a special or called closed meeting;
(2) closes or aids in closing the meeting to the public, if it
is a regular
meeting; or
(3) participates in the closed meeting, whether it is a regular,
special, or
called meeting.
(b) An offense under Subsection (a) is a misdemeanor punishable
by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for not less than one month
or more than
six months; or
(3) both the fine and confinement.
(c) It is an affirmative defense to prosecution under Subsection
(a) that the
member of the governmental body acted in reasonable reliance on
a court order
or a written interpretation of this chapter contained in an opinion
of a
court of record, the attorney general, or the attorney for the
governmental
body.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1,
1993.
Amended by Acts 1999, 76th Leg., ch. 647, § 3, eff. Aug.
30, 1999.
§ 551.145. Closed Meeting Without Certified
Agenda or Tape Recording;
Offense; Penalty
(a) A member of a governmental body commits an offense if the
member
participates in a closed meeting of the governmental body knowing
that a
certified agenda of the closed meeting is not being kept or that
a tape
recording of the closed meeting is not being made.
(b) An offense under Subsection (a) is a Class C misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1,
1993.
§ 551.146. Disclosure of Certified Agenda
or Tape Recording of Closed
Meeting; Offense; Penalty; Civil Liability
(a) An individual, corporation, or partnership that without lawful
authority
knowingly discloses to a member of the public the certified agenda
or tape
recording of a meeting that was lawfully closed to the public
under this
chapter:
(1) commits an offense; and
(2) is liable to a person injured or damaged by the disclosure
for:
(A) actual damages, including damages for personal injury or damage,
lost
wages, defamation, or mental or other emotional distress;
(B) reasonable attorney fees and court costs; and
(C) at the discretion of the trier of fact, exemplary damages.
(b) An offense under Subsection (a)(1) is a Class B misdemeanor.
(c) It is a defense to prosecution under Subsection (a)(1) and
an affirmative
defense to a civil action under Subsection (a)(2) that:
(1) the defendant had good reason to believe the disclosure was
lawful; or
(2) the disclosure was the result of a mistake of fact concerning
the nature
or content of the certified agenda or tape recording.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1,
1993.