CHAPTER 551. OPEN MEETINGS
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
SUBTITLE A. OPEN GOVERNMENT
CHAPTER 551. OPEN MEETINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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;
(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; and
(K) 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, ceremonial event, or press conference, if
formal action is not taken and any discussion of public business
is incidental to the social function, convention, workshop,
ceremonial event, or press conference.
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, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.23, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 647, Sec. 1, eff. Aug.
30, 1999; Acts 2001, 77th Leg., ch. 633, Sec. 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, Sec. 9.012, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
165, Sec. 1, eff. May 22, 2007.
Sec. 551.0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO
LAW. (a) A property owners' association is subject to this
chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners' association is mandatory
for owners or for a defined class of owners of private real
property in a defined geographic area in a county with a
population of 2.8 million or more or in a county adjacent to a
county with a population of 2.8 million or more;
(B) the property owners' association has the power to make
mandatory special assessments for capital improvements or
mandatory regular assessments; and
(C) the amount of the mandatory special or regular assessments
is or has ever been based in whole or in part on the value at
which the state or a local governmental body assesses the
property for purposes of ad valorem taxation under Section 20,
Article VIII, Texas Constitution; or
(2) if the property owners' association:
(A) provides maintenance, preservation, and architectural
control of residential and commercial property within a defined
geographic area in a county with a population of 2.8 million or
more or in a county adjacent to a county with a population of 2.8
million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who may employ a general
manager to execute the association's bylaws and administer the
business of the corporation;
(ii) does not require membership in the corporation by the
owners of the property within the defined area; and
(iii) was incorporated before January 1, 2006.
(b) The governing body of the association, a committee of the
association, and members of the governing body or of a committee
of the association are subject to this chapter in the same manner
as the governing body of a governmental body, a committee of a
governmental body, and members of the governing body or of a
committee of the governmental body.
Added by Acts 1999, 76th Leg., ch. 1084, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1367, Sec. 1, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.003. LEGISLATURE. In this chapter, the legislature is
exercising its powers to adopt rules to prohibit secret meetings
of the legislature, committees of the legislature, and other
bodies associated with the legislature, except as specifically
permitted in the constitution.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0035. ATTENDANCE BY GOVERNMENTAL BODY AT LEGISLATIVE
COMMITTEE OR AGENCY MEETING. (a) This section applies only to
the attendance by a quorum of a governmental body at a meeting of
a committee or agency of the legislature. This section does not
apply to attendance at the meeting by members of the legislative
committee or agency holding the meeting.
(b) The attendance by a quorum of a governmental body at a
meeting of a committee or agency of the legislature is not
considered to be a meeting of that governmental body if the
deliberations at the meeting by the members of that governmental
body consist only of publicly testifying at the meeting, publicly
commenting at the meeting, and publicly responding at the meeting
to a question asked by a member of the legislative committee or
agency.
Added by Acts 2001, 77th Leg., ch. 447, Sec. 1, eff. June 4,
2001.
Sec. 551.004. OPEN MEETINGS REQUIRED BY CHARTER. This chapter
does not authorize a governmental body to close a meeting that a
charter of the governmental body:
(1) prohibits from being closed; or
(2) requires to be open.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.005. OPEN MEETINGS TRAINING. (a) Each elected or
appointed public official who is a member of a governmental body
subject to this chapter shall complete a course of training of
not less than one and not more than two hours regarding the
responsibilities of the governmental body and its members under
this chapter not later than the 90th day after the date the
member:
(1) takes the oath of office, if the member is required to take
an oath of office to assume the person's duties as a member of
the governmental body; or
(2) otherwise assumes responsibilities as a member of the
governmental body, if the member is not required to take an oath
of office to assume the person's duties as a member of the
governmental body.
(b) The attorney general shall ensure that the training is made
available. The office of the attorney general may provide the
training and may also approve any acceptable course of training
offered by a governmental body or other entity. The attorney
general shall ensure that at least one course of training
approved or provided by the attorney general is available on
videotape or a functionally similar and widely available medium
at no cost. The training must include instruction in:
(1) the general background of the legal requirements for open
meetings;
(2) the applicability of this chapter to governmental bodies;
(3) procedures and requirements regarding quorums, notice, and
recordkeeping under this chapter;
(4) procedures and requirements for holding an open meeting and
for holding a closed meeting under this chapter; and
(5) penalties and other consequences for failure to comply with
this chapter.
(c) The office of the attorney general or other entity providing
the training shall provide a certificate of course completion to
persons who complete the training required by this section. A
governmental body shall maintain and make available for public
inspection the record of its members' completion of the training.
(d) Completing the required training as a member of the
governmental body satisfies the requirements of this section with
regard to the member's service on a committee or subcommittee of
the governmental body and the member's ex officio service on any
other governmental body.
(e) The training required by this section may be used to satisfy
any corresponding training requirements concerning this chapter
or open meetings required by law for the members of a
governmental body. The attorney general shall attempt to
coordinate the training required by this section with training
required by other law to the extent practicable.
(f) The failure of one or more members of a governmental body to
complete the training required by this section does not affect
the validity of an action taken by the governmental body.
(g) A certificate of course completion is admissible as evidence
in a criminal prosecution under this chapter. However, evidence
that a defendant completed a course of training offered under
this section is not prima facie evidence that the defendant
knowingly violated this chapter.
Added by Acts 2005, 79th Leg., Ch.
105, Sec. 1, eff. January 1, 2006.
SUBCHAPTER B. RECORD OF OPEN MEETING
Sec. 551.021. MINUTES OR TAPE RECORDING OF OPEN MEETING
REQUIRED. (a) A governmental body shall prepare and keep
minutes or make a tape recording of each open meeting of the
body.
(b) The minutes must:
(1) state the subject of each deliberation; and
(2) indicate each vote, order, decision, or other action taken.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.022. MINUTES AND TAPE RECORDINGS OF OPEN MEETING:
PUBLIC RECORD. The minutes and tape recordings of an open
meeting are public records and shall be available for public
inspection and copying on request to the governmental body's
chief administrative officer or the officer's designee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER C. NOTICE OF MEETINGS
Sec. 551.041. NOTICE OF MEETING REQUIRED. A governmental body
shall give written notice of the date, hour, place, and subject
of each meeting held by the governmental body.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0411. MEETING NOTICE REQUIREMENTS IN CERTAIN
CIRCUMSTANCES. (a) Section 551.041 does not require a
governmental body that recesses an open meeting to the following
regular business day to post notice of the continued meeting if
the action is taken in good faith and not to circumvent this
chapter. If an open meeting is continued to the following
regular business day and, on that following day, the governmental
body continues the meeting to another day, the governmental body
must give written notice as required by this subchapter of the
meeting continued to that other day.
(b) A governmental body that is prevented from convening an open
meeting that was otherwise properly posted under Section 551.041
because of a catastrophe may convene the meeting in a convenient
location within 72 hours pursuant to Section 551.045 if the
action is taken in good faith and not to circumvent this chapter.
If the governmental body is unable to convene the open meeting
within those 72 hours, the governmental body may subsequently
convene the meeting only if the governmental body gives written
notice of the meeting as required by this subchapter.
(c) In this section, "catastrophe" means a condition or
occurrence that interferes physically with the ability of a
governmental body to conduct a meeting, including:
(1) fire, flood, earthquake, hurricane, tornado, or wind, rain,
or snow storm;
(2) power failure, transportation failure, or interruption of
communication facilities;
(3) epidemic; or
(4) riot, civil disturbance, enemy attack, or other actual or
threatened act of lawlessness or violence.
Added by Acts 2005, 79th Leg., Ch.
325, Sec. 1, eff. June 17, 2005.
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY: REPORTS ABOUT
ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE
TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a
quorum of the governing body of a municipality may receive from
municipal staff and a member of the governing body may make a
report about items of community interest during a meeting of the
governing body without having given notice of the subject of the
report as required by this subchapter if no action is taken and,
except as provided by Section 551.042, possible action is not
discussed regarding the information provided in the report.
(b) For purposes of Subsection (a), "items of community
interest" includes:
(1) expressions of thanks, congratulations, or condolence;
(2) information regarding holiday schedules;
(3) an honorary or salutary recognition of a public official,
public employee, or other citizen, except that a discussion
regarding a change in the status of a person's public office or
public employment is not an honorary or salutary recognition for
purposes of this subdivision;
(4) a reminder about an upcoming event organized or sponsored by
the governing body;
(5) information regarding a social, ceremonial, or community
event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended
by a member of the governing body or an official or employee of
the municipality; and
(6) announcements involving an imminent threat to the public
health and safety of people in the municipality that has arisen
after the posting of the agenda.
Added by Acts 2009, 81st Leg., R.S., Ch.
1377, Sec. 1, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.043. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE.
(a) 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.
(b) If this chapter specifically requires or allows a
governmental body to post notice of a meeting on the Internet:
(1) the governmental body satisfies the requirement that the
notice must be posted in a place readily accessible to the
general public at all times by making a good-faith attempt to
continuously post the notice on the Internet during the
prescribed period;
(2) the governmental body must still comply with any duty
imposed by this chapter to physically post the notice at a
particular location; and
(3) if the governmental body makes a good-faith attempt to
continuously post the notice on the Internet during the
prescribed period, the notice physically posted at the location
prescribed by this chapter must be readily accessible to the
general public during normal business hours.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
624, Sec. 1, eff. September 1, 2005.
Sec. 551.044. EXCEPTION TO GENERAL RULE: GOVERNMENTAL BODY WITH
STATEWIDE JURISDICTION. (a) The secretary of state must post
notice on the Internet of a meeting of a state board, commission,
department, or officer having statewide jurisdiction for at least
seven days before the day of the meeting. 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 notices of
meetings posted by the secretary of state.
(b) Subsection (a) does not apply to:
(1) the Texas Department of Insurance, as regards proceedings
and activities under Title 5, Labor Code, of the department, the
commissioner of insurance, or the commissioner of workers'
compensation; or
(2) the governing board of an institution of higher education.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 622, Sec. 1, eff.
Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 6.006, eff. September 1, 2005.
Sec. 551.045. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY
MEETING OR EMERGENCY ADDITION TO AGENDA. (a) In an emergency or
when there is an urgent public necessity, the notice of a meeting
or the supplemental notice of a subject added as an item to the
agenda for a meeting for which notice has been posted in
accordance with this subchapter is sufficient if it is posted for
at least two hours before the meeting is convened.
(b) An emergency or an urgent public necessity exists only if
immediate action is required of a governmental body because of:
(1) an imminent threat to public health and safety; or
(2) a reasonably unforeseeable situation.
(c) The governmental body shall clearly identify the emergency
or urgent public necessity in the notice or supplemental notice
under this section.
(d) A person who is designated or authorized to post notice of a
meeting by a governmental body under this subchapter shall post
the notice taking at face value the governmental body's stated
reason for the emergency or urgent public necessity.
(e) For purposes of Subsection (b)(2), the sudden relocation of
a large number of residents from the area of a declared disaster
to a governmental body's jurisdiction is considered a reasonably
unforeseeable situation for a reasonable period immediately
following the relocation. Notice of an emergency meeting or
supplemental notice of an emergency item added to the agenda of a
meeting to address a situation described by this subsection must
be given to members of the news media as provided by Section
551.047 not later than one hour before the meeting.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 3.06, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1325, Sec. 1, eff. June 15, 2007.
Sec. 551.046. EXCEPTION TO GENERAL RULE: COMMITTEE OF
LEGISLATURE. The notice of a legislative committee meeting shall
be as provided by the rules of the house of representatives or of
the senate.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.047. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING
OR EMERGENCY ADDITION TO AGENDA. (a) The presiding officer of a
governmental body, or the member of a governmental body who calls
an emergency meeting of the governmental body or adds an
emergency item to the agenda of a meeting of the governmental
body, shall notify the news media of the emergency meeting or
emergency item as required by this section.
(b) The presiding officer or member is required to notify only
those members of the news media that have previously:
(1) filed at the headquarters of the governmental body a request
containing all pertinent information for the special notice; and
(2) agreed to reimburse the governmental body for the cost of
providing the special notice.
(c) The presiding officer or member shall give the notice by
telephone, facsimile transmission, or electronic mail.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
380, Sec. 1, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 622, Sec. 2, eff.
Sept. 1, 1999.
Sec. 551.049. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE.
A county governmental body shall post notice of each meeting on
a bulletin board at a place convenient to the public in the
county courthouse.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.050. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING
NOTICE. A municipal governmental body shall post notice of each
meeting on a bulletin board at a place convenient to the public
in the city hall.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.051. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. A
school district shall post notice of each meeting on a bulletin
board at a place convenient to the public in the central
administrative office of the district.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.052. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA.
(a) A school district shall provide special notice of each
meeting to any news media that has:
(1) requested special notice; and
(2) agreed to reimburse the district for the cost of providing
the special notice.
(b) The notice shall be by telephone, facsimile transmission, or
electronic mail.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
380, Sec. 2, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 622, Sec. 3, eff.
Sept. 1, 1999.
Sec. 551.054. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO
FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND COUNTY CLERKS;
PLACE OF POSTING NOTICE. (a) The governing body of a water
district or other district or political subdivision that extends
into fewer than four 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; and
(2) provide notice of each meeting to the county clerk of each
county in which the district or political subdivision is located.
(b) A county clerk shall post the notice provided under
Subsection (a)(2) on a bulletin board at a place convenient to
the public in the county courthouse.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.055. INSTITUTION OF HIGHER EDUCATION. In addition to
providing any other notice required by this subchapter, the
governing board of a single institution of higher education:
(1) shall post notice of each meeting at the county courthouse
of the county in which the meeting will be held;
(2) shall publish notice of a meeting in a student newspaper of
the institution if an issue of the newspaper is published between
the time of the posting and the time of the meeting; and
(3) may post notice of a meeting at another place convenient to
the public.
Added by Acts 1995, 74th Leg., ch. 209, Sec. 1, eff. May 23,
1995.
Sec. 551.056. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN
MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE
DISTRICTS, AND DEVELOPMENT CORPORATIONS. (a) This section
applies only to a governmental body or economic development
corporation that maintains an Internet website or for which an
Internet website is maintained. This section does not apply to a
governmental body described by Section 551.001(3)(D).
(b) In addition to the other place at which notice is required
to be posted by this subchapter, the following governmental
bodies and economic development corporations must also
concurrently post notice of a meeting on the Internet website of
the governmental body or economic development corporation:
(1) a municipality;
(2) a county;
(3) a school district;
(4) the governing body of a junior college or junior college
district, including a college or district that has changed its
name in accordance with Chapter 130, Education Code;
(5) a development corporation organized under the Development
Corporation Act (Subtitle C1, Title 12, Local Government Code);
and
(6) a regional mobility authority included within the meaning of
an "authority" as defined by Section 370.003, Transportation
Code.
(c) The following governmental bodies and economic development
corporations must also concurrently post the agenda for the
meeting on the Internet website of the governmental body or
economic development corporation:
(1) a municipality with a population of 48,000 or more;
(2) a county with a population of 65,000 or more;
(3) a school district that contains all or part of the area
within the corporate boundaries of a municipality with a
population of 48,000 or more;
(4) the governing body of a junior college district, including a
district that has changed its name in accordance with Chapter
130, Education Code, that contains all or part of the area within
the corporate boundaries of a municipality with a population of
48,000 or more;
(5) a development corporation organized under the Development
Corporation Act (Subtitle C1, Title 12, Local Government Code)
that was created by or for:
(A) a municipality with a population of 48,000 or more; or
(B) a county or district that contains all or part of the area
within the corporate boundaries of a municipality with a
population of 48,000 or more; and
(6) a regional mobility authority included within the meaning of
an "authority" as defined by Section 370.003, Transportation
Code.
(d) The validity of a posted notice of a meeting or an agenda by
a governmental body or economic development corporation subject
to this section that made a good faith attempt to comply with the
requirements of this section is not affected by a failure to
comply with a requirement of this section that is due to a
technical problem beyond the control of the governmental body or
economic development corporation.
Added by Acts 2005, 79th Leg., Ch.
340, Sec. 1, eff. January 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
814, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.10, eff. April 1, 2009.
SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN
Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A
governmental body may not conduct a private consultation with its
attorney except:
(1) when the governmental body seeks the advice of its attorney
about:
(A) pending or contemplated litigation; or
(B) a settlement offer; or
(2) on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED
MEETING. A governmental body may conduct a closed meeting to
deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in
negotiations with a third person.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0725. COMMISSIONERS COURTS: DELIBERATION REGARDING
CONTRACT BEING NEGOTIATED; CLOSED MEETING. (a) The
commissioners court of a county with a population of 400,000 or
more may conduct a closed meeting to deliberate business and
financial issues relating to a contract being negotiated if,
before conducting the closed meeting:
(1) the commissioners court votes unanimously that deliberation
in an open meeting would have a detrimental effect on the
position of the commissioners court in negotiations with a third
person; and
(2) the attorney advising the commissioners court issues a
written determination that deliberation in an open meeting would
have a detrimental effect on the position of the commissioners
court in negotiations with a third person.
(b) Notwithstanding Section 551.103(a), Government Code, the
commissioners court must make a tape recording of the proceedings
of a closed meeting to deliberate the information.
Added by Acts 2003, 78th Leg., ch. 1287, Sec. 1, eff. June 21,
2003.
Sec. 551.0726. TEXAS FACILITIES COMMISSION: DELIBERATION
REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. (a) The
Texas Facilities Commission may conduct a closed meeting to
deliberate business and financial issues relating to a contract
being negotiated if, before conducting the closed meeting:
(1) the commission votes unanimously that deliberation in an
open meeting would have a detrimental effect on the position of
the state in negotiations with a third person; and
(2) the attorney advising the commission issues a written
determination finding that deliberation in an open meeting would
have a detrimental effect on the position of the state in
negotiations with a third person and setting forth that finding
therein.
(b) Notwithstanding Section 551.103(a), the commission must make
a tape recording of the proceedings of a closed meeting held
under this section.
Added by Acts 2005, 79th Leg., Ch.
535, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 3.05, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.011, eff. September 1, 2009.
Sec. 551.073. DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED
MEETING. A governmental body may conduct a closed meeting to
deliberate a negotiated contract for a prospective gift or
donation to the state or the governmental body if deliberation in
an open meeting would have a detrimental effect on the position
of the governmental body in negotiations with a third person.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This
chapter does not require a governmental body to conduct an open
meeting:
(1) to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public
officer or employee; or
(2) to hear a complaint or charge against an officer or
employee.
(b) Subsection (a) does not apply if the officer or employee who
is the subject of the deliberation or hearing requests a public
hearing.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0745. PERSONNEL MATTERS AFFECTING COUNTY ADVISORY BODY;
CLOSED MEETING. (a) This chapter does not require the
commissioners court of a county to conduct an open meeting:
(1) to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a member of an
advisory body; or
(2) to hear a complaint or charge against a member of an
advisory body.
(b) Subsection (a) does not apply if the individual who is the
subject of the deliberation or hearing requests a public hearing.
Added by Acts 1997, 75th Leg., ch. 659, Sec. 1, eff. Sept. 1,
1997.
Sec. 551.075. CONFERENCE RELATING TO INVESTMENTS AND POTENTIAL
INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH FUND;
CLOSED MEETING. (a) This chapter does not require the board of
trustees of the Texas growth fund to confer with one or more
employees of the Texas growth fund or with a third party in an
open meeting if the only purpose of the conference is to:
(1) receive information from the employees of the Texas growth
fund or the third party relating to an investment or a potential
investment by the Texas growth fund in:
(A) a private business entity, if disclosure of the information
would give advantage to a competitor; or
(B) a business entity whose securities are publicly traded, if
the investment or potential investment is not required to be
registered under the Securities Exchange Act of 1934 (15 U.S.C.
Section 78a et seq.), and its subsequent amendments, and if
disclosure of the information would give advantage to a
competitor; or
(2) question the employees of the Texas growth fund or the third
party regarding an investment or potential investment described
by Subdivision (1), if disclosure of the information contained in
the questions or answers would give advantage to a competitor.
(b) During a conference under Subsection (a), members of the
board of trustees of the Texas growth fund may not deliberate
public business or agency policy that affects public business.
(c) In this section, "Texas growth fund" means the fund created
by Section 70, Article XVI, Texas Constitution.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 647, Sec. 2, eff. Aug.
30, 1999.
Sec. 551.076. DELIBERATION REGARDING SECURITY DEVICES OR
SECURITY AUDITS; CLOSED MEETING. This chapter does not require a
governmental body to conduct an open meeting to deliberate:
(1) the deployment, or specific occasions for implementation, of
security personnel or devices; or
(2) a security audit.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 3.07, eff. September 1, 2007.
Sec. 551.077. AGENCY FINANCED BY FEDERAL GOVERNMENT. This
chapter does not require an agency financed entirely by federal
money to conduct an open meeting.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.078. MEDICAL BOARD OR MEDICAL COMMITTEE. This chapter
does not require a medical board or medical committee to conduct
an open meeting to deliberate the medical or psychiatric records
of an individual applicant for a disability benefit from a public
retirement system.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0785. DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC
RECORDS OF INDIVIDUALS. This chapter does not require a benefits
appeals committee for a public self-funded health plan or a
governmental body that administers a public insurance, health, or
retirement plan to conduct an open meeting to deliberate:
(1) the medical records or psychiatric records of an individual
applicant for a benefit from the plan; or
(2) a matter that includes a consideration of information in the
medical or psychiatric records of an individual applicant for a
benefit from the plan.
Added by Acts 2003, 78th Leg., ch. 158, Sec. 1, eff. May 27,
2003.
Sec. 551.079. TEXAS DEPARTMENT OF INSURANCE. (a) The
requirements of this chapter do not apply to a meeting of the
commissioner of insurance or the commissioner's designee with the
board of directors of a guaranty association established under
Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D,
Insurance Code, in the discharge of the commissioner's duties and
responsibilities to regulate and maintain the solvency of a
person regulated by the Texas Department of Insurance.
(b) The commissioner of insurance may deliberate and determine
the appropriate action to be taken concerning the solvency of a
person regulated by the Texas Department of Insurance in a closed
meeting with persons in one or more of the following categories:
(1) staff of the Texas Department of Insurance;
(2) a regulated person;
(3) representatives of a regulated person; or
(4) members of the board of directors of a guaranty association
established under Chapter 2602, Insurance Code, or Article
21.28-C or 21.28-D, Insurance Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 628, Sec. 1, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.120, eff. September 1, 2005.
Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter does
not require the Board of Pardons and Paroles to conduct an open
meeting to interview or counsel an inmate of the Texas Department
of Criminal Justice.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.071, eff. September 1, 2009.
Sec. 551.081. CREDIT UNION COMMISSION. This chapter does not
require the Credit Union Commission to conduct an open meeting to
deliberate a matter made confidential by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0811. THE FINANCE COMMISSION OF TEXAS. This chapter
does not require The Finance Commission of Texas to conduct an
open meeting to deliberate a matter made confidential by law.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.01(a), eff. Sept.
1, 1995.
Sec. 551.082. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES;
DISCIPLINARY MATTER OR COMPLAINT. (a) This chapter does not
require a school board to conduct an open meeting to deliberate
in a case:
(1) involving discipline of a public school child; or
(2) in which a complaint or charge is brought against an
employee of the school district by another employee and the
complaint or charge directly results in a need for a hearing.
(b) Subsection (a) does not apply if an open hearing is
requested in writing by a parent or guardian of the child or by
the employee against whom the complaint or charge is brought.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.0821. SCHOOL BOARD: PERSONALLY IDENTIFIABLE INFORMATION
ABOUT PUBLIC SCHOOL STUDENT. (a) This chapter does not require
a school board to conduct an open meeting to deliberate a matter
regarding a public school student if personally identifiable
information about the student will necessarily be revealed by the
deliberation.
(b) Directory information about a public school student is
considered to be personally identifiable information about the
student for purposes of Subsection (a) only if a parent or
guardian of the student, or the student if the student has
attained 18 years of age, has informed the school board, the
school district, or a school in the school district that the
directory information should not be released without prior
consent. In this subsection, "directory information" has the
meaning assigned by the federal Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended.
(c) Subsection (a) does not apply if an open meeting about the
matter is requested in writing by a parent or guardian of the
student or by the student if the student has attained 18 years of
age.
Added by Acts 2003, 78th Leg., ch. 190, Sec. 1, eff. June 2,
2003.
Sec. 551.083. CERTAIN SCHOOL BOARDS; CLOSED MEETING REGARDING
CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE GROUP. This chapter
does not require a school board operating under a consultation
agreement authorized by Section 13.901, Education Code, to
conduct an open meeting to deliberate the standards, guidelines,
terms, or conditions the board will follow, or instruct its
representatives to follow, in a consultation with a
representative of an employee group.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.084. INVESTIGATION; EXCLUSION OF WITNESS FROM HEARING.
A governmental body that is investigating a matter may exclude a
witness from a hearing during the examination of another witness
in the investigation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.085. GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH
CARE SERVICES. (a) This chapter does not require the governing
board of a municipal hospital, municipal hospital authority,
hospital district created under general or special law, or
nonprofit health maintenance organization created under Section
534.101, Health and Safety Code, to conduct an open meeting to
deliberate:
(1) pricing or financial planning information relating to a bid
or negotiation for the arrangement or provision of services or
product lines to another person if disclosure of the information
would give advantage to competitors of the hospital, hospital
district, or nonprofit health maintenance organization; or
(2) information relating to a proposed new service or product
line of the hospital, hospital district, or nonprofit health
maintenance organization before publicly announcing the service
or product line.
(b) The governing board of a health maintenance organization
created under Section 281.0515, Health and Safety Code, that is
subject to this chapter is not required to conduct an open
meeting to deliberate information described by Subsection (a).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.02(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 778, Sec. 1, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1229, Sec. 1, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 7, Sec. 1, eff. Sept. 1, 2003.
Sec. 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE
MATTERS. (a) Notwithstanding anything in this chapter to the
contrary, the rules provided by this section apply to competitive
matters of a public power utility.
(b) In this section:
(1) "Public power utility" means an entity providing electric or
gas utility services that is subject to the provisions of this
chapter.
(2) "Public power utility governing body" means the board of
trustees or other applicable governing body, including a city
council, of a public power utility.
(3) "Competitive matter" means a utility-related matter that the
public power utility governing body in good faith determines by a
vote under this section is related to the public power utility's
competitive activity, including commercial information, and
would, if disclosed, give advantage to competitors or prospective
competitors but may not be deemed to include the following
categories of information:
(A) information relating to the provision of distribution access
service, including the terms and conditions of the service and
the rates charged for the service but not including information
concerning utility-related services or products that are
competitive;
(B) information relating to the provision of transmission
service that is required to be filed with the Public Utility
Commission of Texas, subject to any confidentiality provided for
under the rules of the commission;
(C) information for the distribution system pertaining to
reliability and continuity of service, to the extent not
security-sensitive, that relates to emergency management,
identification of critical loads such as hospitals and police,
records of interruption, and distribution feeder standards;
(D) any substantive rule of general applicability regarding
service offerings, service regulation, customer protections, or
customer service adopted by the public power utility as
authorized by law;
(E) aggregate information reflecting receipts or expenditures of
funds of the public power utility, of the type that would be
included in audited financial statements;
(F) information relating to equal employment opportunities for
minority groups, as filed with local, state, or federal agencies;
(G) information relating to the public power utility's
performance in contracting with minority business entities;
(H) information relating to nuclear decommissioning trust
agreements, of the type required to be included in audited
financial statements;
(I) information relating to the amount and timing of any
transfer to an owning city's general fund;
(J) information relating to environmental compliance as required
to be filed with any local, state, or national environmental
authority, subject to any confidentiality provided under the
rules of those authorities;
(K) names of public officers of the public power utility and the
voting records of those officers for all matters other than those
within the scope of a competitive resolution provided for by this
section;
(L) a description of the public power utility's central and
field organization, including the established places at which the
public may obtain information, submit information and requests,
or obtain decisions and the identification of employees from whom
the public may obtain information, submit information or
requests, or obtain decisions; or
(M) information identifying the general course and method by
which the public power utility's functions are channeled and
determined, including the nature and requirements of all formal
and informal policies and procedures.
(c) This chapter does not require a public power utility
governing body to conduct an open meeting to deliberate, vote, or
take final action on any competitive matter, as that term is
defined in Subsection (b)(3). Before a public power utility
governing body may deliberate, vote, or take final action on any
competitive matter in a closed meeting, the public power utility
governing body must first make a good faith determination, by
majority vote of its members, that the matter is a competitive
matter that satisfies the requirements of Subsection (b)(3). The
vote shall be taken during the closed meeting and be included in
the certified agenda or tape recording of the closed meeting. If
a public power utility governing body fails to determine by that
vote that the matter satisfies the requirements of Subsection
(b)(3), the public power utility governing body may not
deliberate or take any further action on the matter in the closed
meeting. This section does not limit the right of a public power
utility governing body to hold a closed session under any other
exception provided for in this chapter.
(d) For purposes of Section 551.041, the notice of the subject
matter of an item that may be considered as a competitive matter
under this section is required to contain no more than a general
representation of the subject matter to be considered, such that
the competitive activity of the public power utility with respect
to the issue in question is not compromised or disclosed.
(e) With respect to municipally owned utilities subject to this
section, this section shall apply whether or not the municipally
owned utility has adopted customer choice or serves in a multiply
certificated service area under the Utilities Code.
(f) Nothing in this section is intended to preclude the
application of the enforcement and remedies provisions of
Subchapter G.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 45, eff. Sept. 1,
1999.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS; CLOSED MEETING. This chapter does not require a
governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a
business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is
conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to
a business prospect described by Subdivision (1).
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 32, eff. Sept. 1,
1999. Renumbered from Sec. 551.086 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(49), eff. Sept. 1, 2001.
Sec. 551.088. DELIBERATION REGARDING TEST ITEM. This chapter
does not require a governmental body to conduct an open meeting
to deliberate a test item or information related to a test item
if the governmental body believes that the test item may be
included in a test the governmental body administers to
individuals who seek to obtain or renew a license or certificate
that is necessary to engage in an activity.
Added by Acts 1999, 76th Leg., ch. 312, Sec. 1, eff. Aug. 30,
1999. Renumbered from Sec. 551.086 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(50), eff. Sept. 1, 2001.
Sec. 551.089. DEPARTMENT OF INFORMATION RESOURCES. This chapter
does not require the governing board of the Department of
Information Resources to conduct an open meeting to deliberate:
(1) security assessments or deployments relating to information
resources technology;
(2) network security information as described by Section
2059.055(b); or
(3) the deployment, or specific occasions for implementation, of
security personnel, critical infrastructure, or security devices.
Added by Acts 2009, 81st Leg., R.S., Ch.
183, Sec. 3, eff. September 1, 2009.
SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING
Sec. 551.101. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. If
a closed meeting is allowed under this chapter, a governmental
body may not conduct the closed meeting unless a quorum of the
governmental body first convenes in an open meeting for which
notice has been given as provided by this chapter and during
which the presiding officer publicly:
(1) announces that a closed meeting will be held; and
(2) identifies the section or sections of this chapter under
which the closed meeting is held.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.102. REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN OPEN
MEETING. A final action, decision, or vote on a matter
deliberated in a closed meeting under this chapter may only be
made in an open meeting that is held in compliance with the
notice provisions of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.103. CERTIFIED AGENDA OR TAPE RECORDING REQUIRED. (a)
A governmental body shall either keep a certified agenda or make
a tape recording of the proceedings of each closed meeting,
except for a private consultation permitted under Section
551.071.
(b) The presiding officer shall certify that an agenda kept
under Subsection (a) is a true and correct record of the
proceedings.
(c) The certified agenda must include:
(1) a statement of the subject matter of each deliberation;
(2) a record of any further action taken; and
(3) an announcement by the presiding officer at the beginning
and the end of the meeting indicating the date and time.
(d) A tape recording made under Subsection (a) must include
announcements by the presiding officer at the beginning and the
end of the meeting indicating the date and time.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.104. CERTIFIED AGENDA OR TAPE; PRESERVATION;
DISCLOSURE. (a) A governmental body shall preserve the
certified agenda or tape recording of a closed meeting for at
least two years after the date of the meeting. If an action
involving the meeting is brought within that period, the
governmental body shall preserve the certified agenda or tape
while the action is pending.
(b) In litigation in a district court involving an alleged
violation of this chapter, the court:
(1) is entitled to make an in camera inspection of the certified
agenda or tape;
(2) may admit all or part of the certified agenda or tape as
evidence, on entry of a final judgment; and
(3) may grant legal or equitable relief it considers
appropriate, including an order that the governmental body make
available to the public the certified agenda or tape of any part
of a meeting that was required to be open under this chapter.
(c) The certified agenda or tape of a closed meeting is
available for public inspection and copying only under a court
order issued under Subsection (b)(3).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR
INTERNET
Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER
EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE
ACTION. (a) In this section, "governing board," "institution of
higher education," and "university system" have the meanings
assigned by Section 61.003, Education Code.
(c) A meeting held by telephone conference call authorized by
this section may be held only if:
(1) the meeting is a special called meeting and immediate action
is required; and
(2) the convening at one location of a quorum of the governing
board, the Board for Lease of University Lands, or the Texas
Higher Education Coordinating Board, as applicable, is difficult
or impossible.
(d) The telephone conference call meeting is subject to the
notice requirements applicable to other meetings.
(f) Each part of the telephone conference call meeting that is
required to be open to the public shall be audible to the public
at the location specified in the notice of the meeting as the
location of the meeting and shall be tape recorded. The tape
recording shall be made available to the public.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 4.05, 4.06,
eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
538, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
538, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
778, Sec. 2, eff. June 15, 2007.
Reenacted by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.013, eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.014, eff. September 1, 2009.
Sec. 551.122. GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: QUORUM
PRESENT AT ONE LOCATION. (a) This chapter does not prohibit the
governing board of a junior college district from holding an open
or closed meeting by telephone conference call.
(b) A meeting held by telephone conference call authorized by
this section may be held only if a quorum of the governing board
is physically present at the location where meetings of the board
are usually held.
(c) The telephone conference call meeting is subject to the
notice requirements applicable to other meetings.
(d) Each part of the telephone conference call meeting that is
required to be open to the public shall be audible to the public
at the location where the quorum is present and shall be
tape-recorded. The tape recording shall be made available to the
public.
(e) The location of the meeting shall provide two-way
communication during the entire telephone conference call
meeting, and the identification of each party to the telephone
conference shall be clearly stated before the party speaks.
(f) The authority provided by this section is in addition to the
authority provided by Section 551.121.
(g) A member of a governing board of a junior college district
who participates in a board meeting by telephone conference call
but is not physically present at the location of the meeting is
considered to be absent from the meeting for purposes of Section
130.0845, Education Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
778, Sec. 1, eff. June 15, 2007.
Sec. 551.123. TEXAS BOARD OF CRIMINAL JUSTICE. (a) The Texas
Board of Criminal Justice may hold an open or closed emergency
meeting by telephone conference call.
(b) The portion of the telephone conference call meeting that is
open shall be recorded. The recording shall be made available to
be heard by the public at one or more places designated by the
board.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 551.124. BOARD OF PARDONS AND PAROLES. At the call of the
presiding officer of the Board of Pardons and Paroles, the board
may hold a hearing on clemency matters by telephone conference
call.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.16, eff.
Sept. 1, 1997.
Sec. 551.125. OTHER GOVERNMENTAL BODY. (a) Except as otherwise
provided by this subchapter, this cha