Lowry Crossing Civic Hub

Texas Open Meetings Act (TOMA) — Chapter 551, Texas Government Code

Applies to: All Lowry Crossing City Council meetings, board meetings (Planning & Zoning, Board of Adjustment, Park Advisory Board), MDD meetings, EDC meetings, and any committee meetings.

Key Facts for Lowry Crossing Residents

Every meeting of the City Council, MDD, EDC, and all appointed boards must be open to the public unless a specific exception applies.
Notice must be posted at City Hall at least 72 hours before any meeting, stating date, time, place, and agenda items.
A quorum (majority of members) must be present to take official action. For a 5-member council, that's 3 members.
You have the right to record any open meeting with audio, video, or other recording equipment.
Minutes must be kept of all open meetings and are public records you can request.
Closed (executive) sessions are only allowed for specific topics: attorney consultation, personnel, real estate, or security.
Violations carry penalties: fines of $100-$500, jail time of 1-6 months, and actions taken illegally can be voided.
Officials must complete Open Meetings training within 90 days of taking office.
Call the AG's Open Government Hotline: 877-OPEN TEX (877-673-6839) if you believe a violation occurred.

Full Statute Text — Government Code Chapter 551

SUBCHAPTER A. GENERAL PROVISIONS

§ 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 or written exchange 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.

(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;

(D) a deliberative body that has rulemaking authority 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;

(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;

(L) a joint board created under Section 22.074, Transportation Code; and

(M) a board of directors of a reinvestment zone created under Chapter 311,

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

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public business or public policy over which the 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, the

attendance by a quorum of a governmental body at a regional, state, or national

convention or workshop, ceremonial event, or press conference, or the attendance

by a quorum of a governmental body at a candidate forum, appearance, or debate

to inform the electorate, if formal action is not taken and any discussion of public

business is incidental to the social function, convention, workshop, ceremonial

event, press conference, forum, appearance, or debate.

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.

(7) “Recording” means a tangible medium on which audio or a combination of

audio and video is recorded, including a disc, tape, wire, film, electronic storage

drive, or other medium now existing or later developed.

(8) “Videoconference call” means a communication conducted between two or

more persons in which one or more of the participants communicate with the

other participants through duplex audio and video signals transmitted over a

telephone network, a data network, or the Internet.

§ 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:

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(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

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.

§ 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.

§ 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.

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§ 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.

§ 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.

§ 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;

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(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.

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.

§ 551.006. Written Electronic Communications Accessible to Public

(a) A communication or exchange of information between members of a

governmental body about public business or public policy over which the

governmental body has supervision or control does not constitute a meeting or

deliberation for purposes of this chapter if:

(1) the communication is in writing;

(2) the writing is posted to an online message board or similar Internet

application that is viewable and searchable by the public; and

(3) the communication is displayed in real time and displayed on the online

message board or similar Internet application for no less than 30 days

after the communication is first posted.

(b) Except as provided by Section 551.0061, a governmental body may have no

more than one online message board or similar Internet application to be used

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for the purposes described in Subsection (a). The online message board or

similar Internet application must be owned or controlled by the governmental

body, prominently displayed on the governmental body’s primary Internet web

page, and no more than one click away from the governmental body’s primary

Internet web page.

Subsection (a) may only be used by members of the governmental body or staff

members of the governmental body who have received specific authorization

from a member of the governmental body. In the event that a staff member posts

a communication to the online message board or similar Internet application,

the name and title of the staff member must be posted along with the

communication.

(d) If a governmental body removes from the online message board or similar

Internet application a communication that has been posted for at least 30 days,

the governmental body shall maintain the posting for a period of six years. This

communication is public information and must be disclosed in accordance with

Chapter 552.

(e) The governmental body may not vote or take any action that is required to be

taken at a meeting under this chapter of the governmental body by posting a

communication to the online message board or similar Internet application. In

no event shall a communication or posting to the online message board or

similar Internet application be construed to be an action of the governmental

body.

§ 551.0061. Written Electronic Communications Accessible to Public for Certain Municipal

Entities

(a) The governing body of a municipality by ordinance or resolution may authorize each

board, commission, or similar entity of the municipality to establish and use an online

message board or similar Internet application for the purposes described in Section

551.006(a).

(b) A governing body adopting an ordinance or resolution under this section may authorize

use of the online message board or similar Internet application for a period of not longer than

two years, and may reauthorize use of the message board or application in the same manner

and for the same period as many times as the governing body determines is appropriate. The

governing body may rescind an ordinance or resolution adopted under this section at any

time.

separate from and in addition to a municipal online message board or similar Internet

application authorized by Section 551.006.

(d) The use and administration of an online message board or similar Internet application

authorized by this section must comply with the requirements of Section 551.006.

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(e) A municipal governing body that authorizes use of an online message board or similar

Internet application under this section shall require a municipal employee to monitor the

message board or application for compliance with this section and Section 551.006.

§ 551.007. Public Testimony

(a) This section applies only to a governmental body described by Sections

551.001(3)(B)–(L).

(b) A governmental body shall allow each member of the public who desires to

address the body regarding an item on an agenda for an open meeting of the

body to address the body regarding the item at the meeting before or during the

body’s consideration of the item.

to address the body under this section, including rules that limit the total amount

of time that a member of the public may address the body on a given item.

(d) This subsection applies only if a governmental body does not use simultaneous

translation equipment in a manner that allows the body to hear the translated

public testimony simultaneously. A rule adopted under Subsection (c) that

limits the amount of time that a member of the public may address the

governmental body must provide that a member of the public who addresses

the body through a translator must be given at least twice the amount of time as

a member of the public who does not require the assistance of a translator in

order to ensure that non-English speakers receive the same opportunity to

address the body.

(e) A governmental body may not prohibit public criticism of the governmental

body, including criticism of any act, omission, policy, procedure, program, or

service. This subjection does not apply to public criticism that is otherwise

prohibited by law.

SUBCHAPTER B. RECORD OF OPEN MEETING

§ 551.021. Minutes or Recording of Open Meeting Required

(a) A governmental body shall prepare and keep minutes or make a 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.

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§ 551.022. Minutes and Recordings of Open Meeting: Public Record

The minutes and 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.

§ 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 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.

person from exercising a right granted under Subsection (a).

SUBCHAPTER C. NOTICE OF MEETINGS

§ 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.

§ 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.

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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.

§ 551.0415. Governing Body of Municipality or County: 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 or county may receive from staff of the political

subdivision 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 political subdivision;

and

(6) announcements involving an imminent threat to the public health and

safety of people in the political subdivision that has arisen after the

posting of the agenda.

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§ 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.

§ 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 three business

days before the scheduled date of the meeting, except as provided by

Sections551.044, 551.045, 551.046, and 551.1281 .

(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.

governmental body will discuss or adopt a budget for the governmental body must include:

(1) a physical copy of the proposed budget unless the governmental body has made

the proposed budget clearly accessible on the home page of the governmental body's

Internet website; and

(2) a taxpayer impact statement showing, for the median-valued homestead

property, a comparison of the property tax bill in dollars pertaining to the property for

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the current fiscal year to an estimate of the property tax bill in dollars for the same

property for the upcoming fiscal year if:

(A) the proposed budget is adopted; and

(B) for a taxing unit as defined by Section 1.04, Tax Code, other than an

independent school district, a balanced budget funded at the no-new-revenue tax

rate as calculated under Chapter 26, Tax Code, is adopted.

(c-1) Subsection (c) does not apply to the governing board of a general academic teaching

institution or of a university system to which Section 551.1281 applies.

§ 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.

§ 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 to deliberate or take action on the emergency or urgent public necessity,

or the supplemental notice to add the deliberation or taking of action on the

emergency or urgent public necessity as an item to the agenda for a meeting for

which notice has been posted in accordance with this subchapter, is sufficient if

the notice or supplemental notice is posted for at least one hour before the

meeting is convened.

(a-1) A governmental body may not deliberate or take action on a matter at a meeting

for which notice or supplemental notice is posted under Subsection (a) other

than:

(1) a matter directly related to responding to the emergency or urgent public

necessity identified in the notice or supplemental notice of the meeting

as provided by Subsection (c); or

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(2) an agenda item listed on a notice of the meeting before the supplemental

notice was posted.

(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, including a threat

described by Subdivision (2) if imminent; or

(2) a reasonably unforeseeable situation, including:

(A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow

storm;

(B) power failure, transportation failure, or interruption of communication

facilities;

(D) riot, civil disturbance, enemy attack, or other actual or threatened act

of lawlessness or violence.

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.

§ 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.

§ 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;

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(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.

transmission, or electronic mail at least one hour before the meeting is

convened.

§ 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.

§ 551.049. County Governmental Body: Place of Posting Notice

A county governmental body shall post notice of each meeting on:

(1) a bulletin board at a place convenient to the public in the county courthouse; or

(2) an electronic display as provided by Section 82.051, Local Government Code.

§ 551.050. Municipal Governmental Body: Place of Posting Notice

(a) In this section, “electronic bulletin board” means an electronic communication

system that includes a perpetually illuminated screen on which the

governmental body can post messages or notices viewable without

manipulation by the public.

(b) A municipal governmental body shall post notice of each meeting on a physical

or electronic bulletin board at a place convenient to the public in city hall.

§ 551.0501. Joint Board: Place of Posting Notice

(a) In this section, “electronic bulletin board” means an electronic communication

system that includes a perpetually illuminated screen on which the

governmental body can post messages or notices viewable without

manipulation by the public.

(b) A joint board created under Section 22.074, Transportation Code, shall post

notice of each meeting on a physical or electronic bulletin board at a place

convenient to the public in the board’s administrative offices.

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§ 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.

§ 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.

§ 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 other 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) either 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 or post notice of each meeting on the district’s or political

subdivision’s Internet website.

(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.

on a bulletin board at a place convenient to the public in the county courthouse.

§ 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

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(2) either provide notice of each meeting to the county clerk of each county

in which the district or political subdivision is located or post notice of

each meeting on the district’s or political subdivision’s Internet website.

(b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2)

on a bulletin board at a place convenient to the public in the county courthouse.

§ 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.

§ 551.056. Additional Posting Requirements for Certain Municipalities, Counties, School

Districts, Junior College Districts, Development Corporations, Authorities, and Joint Boards

(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 or an agenda of a meeting is

required to be posted by this subchapter, the following governmental bodies and

economic development corporations must also concurrently post notice of a

meeting and the agenda for the 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);

(6) a regional mobility authority included within the meaning of an

“authority” as defined by Section 370.003, Transportation Code;

(7) a joint board created under Section 22.074, Transportation Code, and

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(8) a district or authority created under Section 52, Article III, or Section

59, Article XVI, Texas Constitution.

2023.

(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.

SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN

§ 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.

§ 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.

§ 551.0725. Commissioners Courts: Deliberation Regarding Contract Being Negotiated;

Closed Meeting

(a) The commissioners court of a county 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.

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(b) Notwithstanding Section 551.103(a), Government Code, the commissioners

court must make a recording of the proceedings of a closed meeting to

deliberate the information.

§ 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 recording of

the proceedings of a closed meeting held under this section.

§ 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.

§ 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.

§ 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.

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(b) Subsection (a) does not apply if the individual who is the subject of the

deliberation or hearing requests a public hearing.

§ 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 and 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

question 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.

Article XVI, Texas Constitution.

§ 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.

§ 551.0761. Deliberation Regarding Critical Infrastructure Facility; Closed Meeting

(a) In this section:

(1) “Critical infrastructure facility” means a communication infrastructure system,

cybersecurity system, electric grid, electrical power generating facility,

substation, switching station, electrical control center, dam, natural gas and

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natural gas liquids gathering, processing, and storage transmission and

distribution system, hazardous waste treatment system, water treatment facility,

water intake structure, wastewater treatment plant, pump station, or water

pipeline and related support facility, equipment, and property.

(2) “Cybersecurity” means the measures taken to protect a computer, a computer

network, a computer system, or other technology infrastructure against

unauthorized use or access.

(b) This chapter does not require a governmental body to conduct an open meeting to

deliberate a cybersecurity measure, policy, or contract solely intended to protect a

critical infrastructure facility located in the jurisdiction of the governmental body.

§ 551.077. Agency Financed by Federal Government

This chapter does not require an agency financed entirely by federal money to conduct an open

meeting.

§ 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.

§ 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.

§ 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,596 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.

596 Now, repealed.

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(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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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(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.

in writing by the parent or guardian of the student or by the student if the student

has attained 18 years of age.

§ 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.

§ 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, county hospital, county 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).

§ 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.

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(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.

an open meeting to deliberate, vote, or take final action on any competitive

matter, as that term is defined by Section 552.133. 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.

§ 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 business prospect

described by Subdivision (1).

§ 551.088. Deliberations 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.

§ 551.089. 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) security assessments or deployments relating to information resources

technology;

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(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.

§ 551.090. Enforcement Committee Appointed by Texas State Board of Public Accountancy

This chapter does not require an enforcement committee appointed by the Texas State Board of

Public Accountancy to conduct an open meeting to investigate and deliberate a disciplinary action

under Subchapter K, Chapter 901, Occupations Code, relating to the enforcement of Chapter 901

or the rules of the Texas State Board of Public Accountancy.

§ 551.091. Commissioners Courts: Deliberation Regarding Disaster or Emergency

(a) This section applies only to the commissioners court of a county:

(1) for which the governor has issued an executive order or proclamation

declaring a state of disaster or a state of emergency; and

(2) in which transportation to the meeting location is dangerous or difficult

as a result of the disaster or emergency.

(b) Notwithstanding any other provision of this chapter and subject to Subsection

(c), a commissioners court to which this section applies may hold an open or

closed meeting, including a telephone conference call, solely to deliberate about

disaster or emergency conditions and related public safety matters that require

an immediate response without complying with the requirements of this

chapter, including the requirement to provide notice before the meeting or to

first convene in an open meeting.

shall provide reasonable public notice of a meeting under this section and if the

meeting is an open meeting allow members of the public and the press to

observe the meeting.

(d) The commissioners court:

(1) may not vote or take final action on a matter during a meeting under this

section; and

(2) shall prepare and keep minutes or a recording of a meeting under this

section and make the minutes or recording available to the public as

soon as practicable.

(e) This section expires September 1, 2027.

§ 551.092 State Governmental Bodies: Defense, Military, and Aerospace Issues; Closed

Meeting

(a) In this section, “defense, military, or aerospace issue” means a matter related to:

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(1) the establishment of an office, base, or major facility in this state by the United

States Department of Defense or the National Aeronautics and Space

Administration; or

(2) an economic incentive a governmental body may offer to a private entity or

nonprofit organization to meet a match requirement or other requirement

established by the United States Department of Defense or the National

Aeronautics and Space Administration in relation to grants or strategic

endeavors.

(b) The governing board of a governmental body described by Section 551.001(3)(A) may

conduct a closed meeting to deliberate a defense, military, or aerospace issue.

SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING

§ 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.

§ 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.

§ 551.103. Certified Agenda or Recording Required

(a) A governmental body shall either keep a certified agenda or make a 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.

(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.

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(d) A 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.

§ 551.104. Certified Agenda or Recording; Preservation; Disclosure

(a) A governmental body shall preserve the certified agenda or 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 recording 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

recording;

(2) may admit all or part of the certified agenda or recording 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 recording of any part of a meeting that was required

to be open under this chapter.

inspection and copying only under a court order issued under Subsection (b)(3).

SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR

INTERNET

§ 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.

(b) This chapter does not prohibit the governing board of an institution of higher

education, the Board for Lease of University Lands, or the Texas Higher

Education Coordinating Board from holding an open or closed meeting by

telephone conference call.

held only if:

(1) the meeting is a special called meeting and immediate action is required;

and

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(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.

(e) The notice of a telephone conference call meeting of a governing board must

specify as the location of the meeting the location where meetings of the

governing board are usually held. For a meeting of the governing board of a

university system, the notice must specify as the location of the meeting the

board’s conference room at the university system office. For a meeting of the

Board for Lease of University Lands, the notice must specify as the location of

the meeting a suitable conference or meeting room at The University of Texas

System office. For a meeting of the Texas Higher Education Coordinating

Board, the notice must specify as the location of the meeting a suitable

conference or meeting room at the offices of the Texas Higher Education

Coordinating Board or at an institution of higher education.

(f) Each part of the telephone conference call meeting that is required to be open

to the public must be:

(1) audible to the public at the location specified in the notice of the meeting

as the location of the meeting;

(2) broadcast over the Internet in the manner prescribed by Section

551.128; and

(3) recorded and made available to the public in an online archive located

on the Internet website of the entity holding the meeting.

§ 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.

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 recorded. The recording shall be made available to the

public.

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(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.

§ 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.

§ 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.

§ 551.125. Other Governmental Body

(a) Except as otherwise provided by this subchapter, this chapter does not prohibit

a governmental body from holding an open or closed meeting by telephone

conference call.

(b) A meeting held by telephone conference call may be held only if:

(1) an emergency or public necessity exists within the meaning of Section

551.045 of this chapter; and

(2) the convening at one location of a quorum of the governmental body is

difficult or impossible; or

(3) the meeting is held by an advisory board.

applicable to other meetings.

(d) The notice of the telephone conference call meeting must specify as the location

of the meeting the location where meetings of the governmental body are

usually held.

(e) 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

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of the meeting as the location of the meeting and shall be recorded. The

recording shall be made available to the public.

(f) The location designated in the notice as 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 call shall be

clearly stated prior to speaking.

§ 551.126. Higher Education Coordinating Board

(a) In this section, “board” means the Texas Higher Education Coordinating Board.

(b) The board may hold an open meeting by telephone conference call or video

conference call in order to consider a higher education impact statement if the

preparation of a higher education impact statement by the board is to be

provided under the rules of either the house of representatives or the senate.

described in Section 551.125.

(d) A meeting held by video conference call is subject to the notice requirements

applicable to other meetings. In addition, a meeting held by video conference

call shall:

(1) be visible and audible to the public at the location specified in the notice

of the meeting as the location of the meeting;

(2) be recorded by audio and video; and

(3) have two-way audio and video communications with each participant in

the meeting during the entire meeting.

§ 551.127. Videoconference Call

(a) Except as otherwise provided by this section, this chapter does not prohibit a

governmental body from holding an open or closed meeting by videoconference

call.

(a-1) A member or employee of a governmental body may participate remotely in a

meeting of the governmental body by means of a videoconference call if the

video and audio feed of the member’s or employee’s participation, as

applicable, is broadcast live at the meeting and complies with the provisions of

this section.

(a-2) A member of a governmental body who participates in a meeting as provided

by Subsection (a-1) shall be counted as present at the meeting for all purposes.

(a-3) A member of a governmental body who participates in a meeting by

videoconference call shall be considered absent from any portion of the meeting

during which audio or video communication with the member is lost or

disconnected. The governmental body may continue the meeting only if a

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quorum of the body remains present at the meeting location or, if applicable,

continues to participate in a meeting conducted under Subsection (c).

(b) A meeting may be held by videoconference call only if a quorum of the

governmental body is physically present at one location of the meeting, except

as provided by Subsection (c).

into three or more counties may be held by videoconference call only if the

member of the governmental body presiding over the meeting is physically

present at one location of the meeting that is open to the public during the open

portions of the meeting.

(d) A meeting held by videoconference call is subject to the notice requirements

applicable to other meetings in addition to the notice requirements prescribed

by this section.

(e) The notice of a meeting to be held by videoconference call must specify as a

location of the meeting the location where a quorum of the governmental body

will be physically present and specify the intent to have a quorum present at

that location, except that the notice of a meeting to be held by videoconference

call under Subsection (c) must specify as a location of the meeting the location

where the member of the governmental body presiding over the meeting will

be physically present and specify the intent to have the member of the

governmental body presiding over the meeting present at that location. The

location where the member of the governmental body presiding over the

meeting is physically present shall be open to the public during the open

portions of the meeting.

(f) Each portion of a meeting held by videoconference call that is required to be

open to the public shall be visible and audible to the public at the location

specified under Subsection (e). If a problem occurs that causes a meeting to no

longer be visible and audible to the public at that location, the meeting must be

recessed until the problem is resolved. If the problem is not resolved in six hours

or less, the meeting must be adjourned.

(g) The governmental body shall make at least an audio recording of the meeting.

The recording shall be made available to the public.

(h) The location specified under Subsection (e), and each remote location from

which a member of the governmental body participates, shall have two-way

audio and video communication with each other location during the entire

meeting. The face of each participant in the videoconference call, while that

participant is speaking, shall be clearly visible, and the voice audible, to each

other participant and, during the open portion of the meeting, to the members

of the public in attendance at a location of the meeting that is open to the public.

(i) The Department of Information Resources by rule shall specify minimum

standards for audio and video signals at a meeting held by videoconference call.

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The quality of the audio and video signals perceptible at each location of the

meeting must meet or exceed those standards.

(j) The audio and video signals perceptible by members of the public at each

location of the meeting described by Subsection (h) must be of sufficient quality

so that members of the public at each location can observe the demeanor and

hear the voice of each participant in the open portion of the meeting.

(k) Without regard to whether a member of the governmental body is participating

in a meeting from a remote location by videoconference call, a governmental

body may allow a member of the public to testify at a meeting from a remote

location by videoconference call.

§ 551.128. Internet Broadcast of Open Meeting

(a) In this section, “Internet” means the largest nonproprietary cooperative public

computer network, popularly known as the Internet.

(b) Except as provided by Subsection (b-1) and subject to the requirements of this

section, a governmental body may broadcast an open meeting over the Internet.

(b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460,

Transportation Code, an elected school district board of trustees for a school

district that has a student enrollment of 10,000 or more, an elected governing

body of a home-rule municipality that has a population of 50,000 or more, or a

county commissioners court for a county that has a population of 125,000 or

more shall:

(1) make a video and audio recording of reasonable quality of each:

(A) regularly scheduled open meeting that is not a work session or a

special called meeting; and

(B) open meeting that is a work session or special called meeting if:

(i) the governmental body is an elected school district board of

trustees for a school district that has a student enrollment of 10,000

or more; and

(ii) at the work session or special called meeting, the board of

trustees votes on any matter or allows public comment or testimony;

and

(2) make available an archived copy of the video and audio recording of

each meeting described by Subsection (1) on the Internet.

(b-2) A governmental body described by Subsection (b-1) may make available the

archived recording of a meeting required by Subsection (b-1) on an existing

Internet site, including a publicly accessible video-sharing or social networking

site. The governmental body is not required to establish a separate Internet site

and provide access to archived recordings of meetings from that site.

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(b-3) A governmental body described by Subsection (b-1) that maintains an Internet

site shall make available on that site, in a conspicuous manner:

(1) the archived recording of each meeting to which Subsection (b-1)

applies; or

(2) an accessible link to the archived recording of each such meeting.

(b-4) A governmental body described by Subsection (b-1) shall:

(1) make the archived recording of each meeting to which Subsection (b-1)

applies available on the Internet not later than seven days after the date

the recording was made; and

(2) maintain the archived recording on the Internet for not less than two

years after the date the recording was first made available.

(b-5) A governmental body described by Subsection (b-1) is exempt from the

requirements of Subsections (b-2) and (b-4) if the governmental body’s failure

to make the required recording of a meeting available is the result of a

catastrophe, as defined by Section 551.0411, or a technical breakdown.

Following a catastrophe or breakdown, a governmental body must make all

reasonable efforts to make the required recording available in a timely manner.

(b-6) A governmental body described by Subsection (b-1) may broadcast a regularly

scheduled open meeting of the body on television.

meeting over the Internet shall establish an Internet site and provide access to

the broadcast from that site. The governmental body shall provide on the

Internet site the same notice of the meeting that the governmental body is

required to post under Subchapter C. The notice on the Internet must be posted

within the time required for posting notice under Subchapter C.

§ 551.1281. Governing Board of General Academic Teaching Institution or University

System: Internet Posting of Meeting Materials and Broadcast of Open Meeting

(a) In this section, “general academic teaching institution” and “university system”

have the meanings assigned by Section 61.003, Education Code.

(b) The governing board of a general academic teaching institution or of a

university system that includes one or more component general academic

teaching institutions, for any regularly scheduled meeting of the governing

board for which notice is required under this chapter, shall:

(1) post as early as practicable in advance of the meeting on the Internet

website of the institution or university system, as applicable, any written

agenda and related supplemental written materials provided to the

governing board members in advance of the meeting by the institution

or system for the members’ use during the meeting;

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(2) broadcast the meeting, other than any portions of the meeting closed to

the public as authorized by law, over the Internet in the manner

prescribed by Section 551.128; and

(3) record the broadcast and make the recording publicly available in an

online archive located on the institution’s or university system’s Internet

website.

other appropriate attorney for the institution or university system certifies are

confidential or may be withheld from public disclosure under Chapter 552.

(d) The governing board of a general academic teaching institution or of a

university system is not required to comply with the requirements of this section

if that compliance is not possible because of an act of God, force majeure, or a

similar cause not reasonably within the governing board’s control.

§ 551.1282. Governing Board of Junior College District: Internet Posting of Meeting

Materials and Broadcast of Open Meeting

(a) This section applies only to the governing board of a junior college district with

a total student enrollment of more than 20,000 in any semester of the preceding

academic year.

(b) A governing board to which this section applies, for any regularly scheduled

meeting of the governing board for which notice is required under this chapter,

shall:

(1) post as early as practicable in advance of the meeting on the Internet

website of the district any written agenda and related supplemental

written materials provided by the district to the board members for the

members’ use during the meeting;

(2) broadcast the meeting, other than any portions of the meeting closed to

the public as authorized by law, over the Internet in the manner

prescribed by Section 551.128; and

(3) record the broadcast and make that recording publicly available in an

online archive located on the district’s Internet website.

other appropriate attorney for the district certifies are confidential or may be

withheld from public disclosure under Chapter 552.

(d) The governing board of a junior college district is not required to comply with

the requirements of this section if that compliance is not possible because of an

act of God, force majeure, or a similar cause not reasonably within the

governing board’s control.

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§ 551.1283. Governing Body of Certain Water Districts: Internet Posting of Meeting

Materials; Recording of Certain Hearings

(a) This section only applies to a special purpose district subject to Chapter 51, 53,

54, or 55, Water Code, that has a population of 500 or more.

(b) On written request of a district resident made to the district not later than the

third day before a public hearing to consider the adoption of an ad valorem tax

rate, the district shall make an audio recording of reasonable quality of the

hearing and provide the recording to the resident in an electronic format not

later than the fifth business day after the date of the hearing. The district shall

maintain a copy of the recording for at least one year after the date of the

hearing.

district’s Internet website if the district maintains an Internet website.

(d) A district that maintains an Internet website shall post on that website links to

any other Internet website or websites the district uses to comply with Section

2051.202 of this code and Section 26.18, Tax Code.

(e) Nothing in this chapter shall prohibit a district from allowing a person to watch

or listen to a board meeting by video or telephone conference call.

§ 551.129. Consultations Between Governmental Body and Its Attorney

(a) A governmental body may use a telephone conference call, video conference

call, or communications over the Internet to conduct a public consultation with

its attorney in an open meeting of the governmental body or a private

consultation with its attorney in a closed meeting of the governmental body.

(b) Each part of the public consultation by a governmental body with its attorney

in an open meeting of the governmental body under Subsection (a) must be

audible to the public at the location specified in the notice of the meeting as

the location of the meeting.

(1) authorize the members of a governmental body to conduct a meeting of

the governmental body by telephone conference call, video conference

call, or communications over the Internet; or

(2) create an exception to the application of this subchapter.

(d) Subsection (a) does not apply to a consultation with an attorney who is an

employee of the governmental body.

(e) For purposes of Subsection (d), an attorney who receives compensation for

legal services performed, from which employment taxes are deducted by the

governmental body, is an employee of the governmental body.

(f) Subsection (d) does not apply to:

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(1) the governing board of an institution of higher education as defined by

Section 61.003, Education Code; or

(2) the Texas Higher Education Coordinating Board.

§ 551.130. Board of Trustees of Teacher Retirement System of Texas: Quorum Present at One

Location

(a) In this section, “board” means the board of trustees of the Teacher Retirement

System of Texas.

(b) This chapter does not prohibit the board or a board committee from holding an

open or closed meeting by telephone conference call.

call only if a quorum of the applicable board or board committee is physically

present at one location of the meeting,

(d) A telephone conference call meeting is subject to the notice requirements

applicable to other meetings. The notice must also specify:

(1) the location of the meeting where a quorum of the board or board

committee, as applicable, will be physically present; and

(2) the intent to have a quorum present at that location.

(e) The location where a quorum is physically present must be open to the public

during the open portions of a telephone conference call meeting. The open

portions of the meeting must be audible to the public at the location where the

quorum is present and be recorded at that location. The recording shall be made

available to the public.

(f) 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 call must be clearly stated before the party speaks.

(g) The authority provided by this section is in addition to the authority provided

by Section 551.125.

(h) A member of the board who participates in a board or board committee meeting

by telephone conference call but is not physically present at the location of the

meeting is not considered to be absent from the meeting for any purpose. The

vote of a member of the board who participates in a board or board committee

meeting by telephone conference call is counted for the purpose of determining

the number of votes cast on a motion or other proposition before the board or

board committee.

(i) A member of the board may participate remotely by telephone conference call

instead of by being physically present at the location of a board meeting for not

more than one board meeting per calendar year. A board member who

participates remotely in any portion of a board meeting by telephone conference

call is considered to have participated in the entire board meeting by telephone

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conference call. For purposes of the limit provided by this subsection, remote

participation by telephone conference call in a meeting of a board committee

does not count as remote participation by telephone conference call in a meeting

of the board, even if:

(1) a quorum of the full board attends the board committee meeting; or

(2) notice of the board committee meeting is also posted as notice of a board

meeting.

(j) A person who is not a member of the board may speak at the meeting from a

remote location by telephone conference call.

§ 551.131. Water Districts

(a) In this section, “water district” means a river authority, groundwater

conservation district, water control and improvement district, or other district

created under Section 52, Article III, or Section 59, Article XVI, Texas

Constitution.

(b) This section applies only to a water district whose territory includes land in

three or more counties.

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 body of the

applicable water district is difficult or impossible.

(d) A meeting held by telephone conference call must otherwise comply with the

procedures under Sections 551.125(c), (d), (e), and (f).

(e) A meeting held by video conference call is subject to the notice requirements

applicable to other meetings. In addition, a meeting held by video conference

call shall:

(1) be visible and audible to the public at the location specified in the notice

of the meeting as the location of the meeting;

(2) be recorded by audio and video; and

(3) have two-way audio and video communications with each participant in

the meeting during the entire meeting.

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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.

§ 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.

prevent, or reverse a violation or threatened violation of Section 551.045(a-1)

by members of a governmental body.

(d) A suit filed by the attorney general under Subsection (c) must be filed in a

district court of Travis County.

§ 551.143. Prohibited Series of Communications; Offense; Penalty

(a) A member of a governmental body commits an offense if the member:

(1) knowingly engages in at least one communication among a series of

communications that each occur outside of a meeting authorized by this

chapter and that concern an issue within the jurisdiction of the

governmental body in which the members engaging in the individual

communications constitute fewer than a quorum of members but the

members engaging in the series of communications constitute a quorum

of the members; and

(2) knew at the time the member engaged in the communication that the

series of communications:

(A) involved or would involve a quorum; and

(B) would constitute a deliberation once a quorum of members

engaged in the series of communications.

(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

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(3) both the fine and confinement.

§ 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.

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.

§ 551.145. Closed Meeting Without Certified Agenda or 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 recording of

the closed meeting is not being made.

(b) An offense under Subsection (a) is a Class C misdemeanor.

§ 551.146. Disclosure of Certified Agenda or 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 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;

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(B) reasonable attorney fees and court costs; and

(b) An offense under Subsection (a)(1) is a Class B misdemeanor.

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 recording.

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Appendix B: Table of Authorities

Cases

Acker v. Tex. Water Comm’n, 790 S.W.2d 299 (Tex. 1990) 21, 32, 86

Argyle Indep. Sch. Dist. v. Wolf, 234 S.W.3d 229 (Tex. App.—Fort Worth 2007, no pet.) 43

Asgeirsson v. Abbott, 773 F. Supp. 2d 684 (W.D. Tex. 2011), aff’d, 696 F. 3d 454 (5th Cir.

2012), cert. denied, 568 U.S. 1249 (2013) 83

Austin Transp. Study Pol’y Advisory Comm. v. Sierra Club, 843 S.W.2d 683 (Tex. App.—

Austin 1992, writ denied) 77

Axtell v. Univ. of Tex., 69 S.W.3d 261 (Tex. App.—Austin 2002, no pet.) 65

Bd. of Trs. v. Cox Enters., Inc., 679 S.W.2d 86 (Tex. App.—Texarkana 1984), aff’d in part,

rev’d in part on other grounds, 706 S.W.2d 956 (Tex. 1986) 53, 54, 60, 77

Beasley v. Molett, 95 S.W.3d 590 (Tex. App.—Beaumont 2002, pet. denied) 14, 18

Bexar Medina Atascosa Water Dist. v. Bexar Medina Atascosa Landowners’ Ass’n, 2

S.W.3d 459 (Tex. App.—San Antonio 1999, pet. denied) 21, 88

Blankenship v. Brazos Higher Educ. Auth., Inc., 975 S.W.2d 353 (Tex. App.—Waco 1998,

pet. denied) 16

Boston v. Garrison, 256 S.W.2d 67 (Tex. 1953) 76

Bowen v. Calallen Indep. Sch. Dist., 603 S.W.2d 229 (Tex. App.—Corpus Christi 1980,

writ ref’d n.r.e.) 61

Burks v. Yarbrough, 157 S.W.3d 876 (Tex. App.—Houston [14th Dist.] 2005, no pet.) 34, 76

Burleson v. Collin Cnty. Cmty. Coll. Dist., No. 05-21-00088-CV, 2022 WL 17817965 (Tex.

App.—Dallas Dec. 20, 2022, no pet.) (mem. op.) 75

Cameron Cnty. Good Gov’t League v. Ramon, 619 S.W.2d 224 (Tex. App.—Beaumont

1981, writ ref’d n.r.e.) 76

Carroll v. City of Jefferson, No. 2:21-CV-00392-RSP, 2023 WL 7185563 (E.D. Tex. Nov.

1, 2023) 8, 78

Cent. Power & Light Co v. City of San Juan, 962 S.W.2d 602 (Tex. App.—Corpus Christi

1998, writ dism’d w.o.j.) 52

Charlestown Homeowners Ass’n v. LaCoke, 507 S.W.2d 876 (Tex. App.—Dallas 1974,

writ ref’d n.r.e.) 50

Charlie Thomas Ford, Inc., v. A.C. Collins Ford, Inc., 912 S.W.2d 271 (Tex. App.—Austin

1995, writ dism’d) 33

City of Austin v. Evans, 794 S.W.2d 78 (Tex. App.—Austin 1990, no writ) 15, 16

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City of Bells v. Greater Texoma Util. Auth., 744 S.W.2d 636 (Tex. App.—Dallas 1987, no

writ) 79

City of Brownsville v. Brownsville GMS, Ltd., No. 13-19-00311-CV, 2021 WL 1804388,

at *8 (Tex. App.—Corpus Christi-Edinburg May 6, 2021, no pet.) 80

City of Dallas v. Parker, 737 S.W.2d 845 (Tex. App.—Dallas 1987, no writ) 54, 61

City of Donna v. Ramirez, 548 S.W.3d 26 (Tex. App.—Corpus Christi 2017, pet. denied) 35, 77

City of Elsa v. Gonzalez, 325 S.W.3d 622 (Tex. 2010) 87, 88

City of Farmers Branch v. Ramos, 235 S.W.3d 462 (Tex. App.—Dallas 2007, no pet.) 57

City of Fort Worth v. Groves, 746 S.W.2d 907 (Tex. App.—Fort Worth 1988, no writ) 77

City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000) 88

City of Laredo v. Escamilla, 219 S.W.3d 14 (Tex. App.—San Antonio 2006, pet. denied) 1, 58

City of McLendon-Chisholm v. City of Heath, No. 05-23-00881-CV, 2024 WL 4824113,

at *1 (Tex. App.—Dallas Nov. 19, 2024, no pet.) 9, 76

City of Port Isabel v. Pinnell, 161 S.W.3d 233 (Tex. App.—Corpus Christi 2005, no pet.) 76

City of San Angelo v. Tex. Nat. Res. Conservation Comm’n, 92 S.W.3d 624 (Tex. App.—

Austin 2002, no pet.) 33

City of San Antonio v. Aguilar, 670 S.W.2d 681 (Tex. App.—San Antonio 1984, writ

dism’d) 52

City of San Antonio v. Fourth Court of Appeals, 820 S.W.2d 762 (Tex. 1991) 3, 32, 33, 38

City of San Antonio v. River City Cabaret, Ltd., 32 S.W.3d 291 (Tex. App.—San Antonio

2000, pet. denied) 80

City of San Benito v. Rio Grande Valley Gas Co., 109 S.W.3d 750 (Tex. 2003) 52

City of Stephenville v. Tex. Parks & Wildlife Dep’t, 940 S.W.2d 667 (Tex. App.—Austin

1996, writ denied) 53

Collin Cnty. v. Homeowners Ass’n for Values Essential to Neighborhoods, 716 F. Supp.

953 (N.D. Tex. 1989) 79

Comm’rs Ct. of Limestone Cnty. v. Garrett, 236 S.W. 970 (Tex. [Comm’n Op.] 1922) 2

Common Cause v. Metro. Transit Auth., 666 S.W.2d 610 (Tex. App.—Houston [1st Dist.]

1984, writ ref’d n.r.e.) 46

Cooksey v. State, 377 S.W.3d 901 (Tex. App.—Eastland 2012, no pet.) 82

Corpus Christi Classroom Tchrs. Ass’n v. Corpus Christi Indep. Sch. Dist., 535 S.W.2d

429 (Tex. Civ. App.—Corpus Christi 1976, no writ) 60

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Cottonwood Dev. Corp. v. Preston Hollow Cap., LLC, 706 S.W.3d 514 (Tex. App.—

Austin 2024, pet. filed) 9, 10, 77

Cox Enters., Inc. v. Bd. of Trs., 706 S.W.2d 956 (Tex. 1986) 1, 31, 33, 34, 48, 55

Dall. Cnty. Comm’rs Ct. v. Dall. Cnty. Juvenile Dep’t, No. 05-24-00151-CV, 2025 WL

464859 (Tex. App.—Dallas Feb. 11, 2025, pet. denied) 35

Dallas Cnty. Flood Control Dist. No. 1 v. Cross, 815 S.W.2d 271 (Tex. App.—Dallas 1991,

writ denied) 59, 80

Dees v. Austin Travis Cnty. Mental Health & Mental Retardation, 860 F. Supp. 1186 (W.D.

Tex. 1994) 87

Elizondo v. Williams, 643 S.W.2d 765 (Tex. App.—San Antonio 1982, no writ) 25

Equal Emp. Opportunity Comm’n v. City of Orange, 905 F. Supp. 381 (E.D. Tex. 1995) 74

Esperanza Peace & Just. Ctr. v. City of San Antonio, 316 F. Supp. 2d. 433 (W.D. Tex.

2001) 24

Faulder v. Tex. Bd. of Pardons & Paroles, 990 S.W.2d 944 (Tex. App.—Austin 1999, pet

ref’d) 1

Ferris v. Tex. Bd. of Chiropractic Exam’rs, 808 S.W.2d 514, 518–19 (Tex. App.—Austin

1991, writ denied) 77, 79, 80

Fielding v. Anderson, 911 S.W.2d 858 (Tex. App.—Eastland 1995, writ denied) 1

Finlan v. City of Dallas, 888 F. Supp. 779 (N.D. Tex. 1995) 18, 57, 58, 69

Fiske v. City of Dallas, 220 S.W.3d 547 (Tex. App.—Texarkana 2007, no pet.) 16

Foreman v. Whitty, 392 S.W.3d 265 (Tex. App.—San Antonio 2012, no pet.) 24

Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Auth., 96 S.W.3d 519 (Tex.

App.—Austin 2002, pet. denied) 34

Garcia v. City of Kingsville, 641 S.W.2d 339 (Tex. App.—Corpus Christi 1982, no writ) 46

Gardner v. Herring, 21 S.W.3d 767 (Tex. App.—Amarillo 2000, no pet.) 57, 60, 61

Guerra v. Rios, No. 13-24-00579-CV, 2025 WL 945566 (Tex. App.—Corpus Christi Mar.

28, 2025, pet. filed) (mem. op.) 34

Gulf Reg’l Educ. Television Affiliates v. Univ. of Houston, 746 S.W.2d 803 (Tex. App.—

Houston [14th Dist.] 1988, writ denied) 14, 22, 53

Hardy v. Carthage Indep. Sch. Dist., No. 2:19-CV-00277, 2022 WL 609151 (E.D. Tex.

Mar. 1, 2022) 82

Harris Cnty. Emergency Serv. Dist. No. 1 v. Harris Cnty. Emergency Corps, 999 S.W.2d

163 (Tex. App.—Houston [14th Dist.] 1999, no pet.) 25

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Hays Cnty. v. Hays Cnty. Water Plan. P’ship, 106 S.W.3d 349 (Tex. App.—Austin 2003,

no pet.) 17

Hays Cnty. v. Hays Cnty. Water Plan. P’ship, 69 S.W.3d 253 (Tex. App.—Austin 2002,

no pet.) 76

Hays Cnty. Water Plan. P’ship v. Hays Cnty., 41 S.W.3d 174 (Tex. App.—Austin 2001,

pet. denied) 36

Hill v. Palestine Indep. Sch. Dist., 113 S.W.3d 14 (Tex. App.—Tyler 2000, pet. denied) 79

Hispanic Educ. Comm. v. Houston Indep. Sch. Dist., 886 F. Supp. 606 (S.D. Tex. 1994),

aff’d, 68 F.3d 467 (5th Cir. 1995) 60

Hitt v. Mabry, 687 S.W.2d 791 (Tex. App.—San Antonio 1985, no writ) 24

In re City of Amarillo, No. 07-22-00341-CV, 2023 WL 5279473 (Tex. App.—Amarillo

Aug. 16, 2023, pet. dism’d by agr.) (mem. op.) 34

In re City of Galveston, No. 14-14-01005-CV, 2015 WL 971314 (Tex. App.—Houston

[14th Dist.] March 3, 2015, orig. proceeding) (mem. op.) 57

In re Smith Cnty., 521 S.W.3d 447 (Tex. App.—Tyler 2017, no pet.) 73

In re The Tex. Senate, 36 S.W.3d 119 (Tex. 2000) 20

James v. Hitchcock Indep. Sch. Dist., 742 S.W.2d 701 (Tex. App.—Houston [1st Dist.]

1987, writ denied) 61

Jones v. Peaster Indep. Sch. Dist., No. 4:23-cv-00969-P, 2024 WL 1053302 (N.D. Tex.,

Mar. 11, 2024) 60

Killam Ranch Props., Ltd. v. Webb Cnty., 376 S.W.3d 146 (Tex. App.—San Antonio 2012,

pet. denied) 57

Lone Star Greyhound Park, Inc. v. Tex. Racing Comm’n, 863 S.W.2d 742 (Tex. App.—

Austin 1993, writ denied) 34, 55, 56

Lower Colo. River Auth. v. City of San Marcos, 523 S.W.2d 641 (Tex. 1975) 33

Lugo v. Donna Indep. Sch. Dist. Bd. of Trs., 557 S.W.3d 93 (Tex. App.—Corpus Christi

2017, no pet.) 33

Mares v. Tex. Webb Cnty., No. 5:18-CV-121, 2020 WL 619902, at *4–5 (S.D. Tex. Feb.

10, 2020) 31

Markowski v. City of Marlin, 940 S.W.2d 720 (Tex. App.—Waco 1997, writ denied) 46

Martin v. Victoria Indep. Sch. Dist., 972 S.W.2d 815 (Tex. App.—Corpus Christi 1998,

pet. denied) 76

Martinez v. State, 879 S.W.2d 54 (Tex. Crim. App. 1994) 48, 55, 83

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Matagorda Cnty. Hosp. Dist. v. City of Palacios, 47 S.W.3d 96, (Tex. App.—Corpus

Christi 2001, no pet.) 76

Mayes v. City of De Leon, 922 S.W.2d 200, 203 (Tex. App.—Eastland 1996, writ denied) 34

Nash v. Civil Serv. Comm’n, 864 S.W.2d 163 (Tex. App.—Tyler 1993, no writ). 53

Olympic Waste Servs. v. City of Grand-Saline, 204 S.W.3d 496 (Tex. App.—Tyler 2006,

no pet.) 57

Pete v. Dunn, No. 1:21-CV-546, 2022 WL 2032306 (E.D. Tex. May 11, 2022) 82

Piazza v. City of Granger, 909 S.W.2d 529 (Tex. App.—Austin 1995, no writ) 46, 77

Point Isabel Indep. Sch. Dist. v. Hinojosa, 797 S.W.2d 176 (Tex. App.—Corpus Christi

1990, writ denied) 31, 34, 79

Porth v. Morgan, 622 S.W.2d 470 (Tex. App.—Tyler 1981, writ ref’d n.r.e.) 31, 81

Rettberg v. Tex. Dep’t of Health, 873 S.W.2d 408, (Tex. App.—Austin 1994, no writ) 31, 32

Riley v. Comm’rs Court, 413 S.W.3d 774 (Tex. App.—Austin 2013, pet. denied) 75

River Rd. Neighborhood Ass’n v. S. Tex. Sports, 720 S.W.2d 551 (Tex. App.—San Antonio

1986, writ dism’d) 34, 45, 46

Rivera v. City of Laredo, 948 S.W.2d 787 (Tex. App.—San Antonio 1977, writ denied) 47, 75,

Rubalcaba v. Raymondville Indep. Sch. Dist., No. 13-14-00224-CV, 2016 WL 1274486

(Tex. App.—Corpus Christi, Mar. 31, 2016, no pet.) (mem. op.) 51

Save Our Springs All., Inc. v. Austin Indep. Sch. Dist., 973 S.W.2d 378 (Tex. App.—Austin

1998, no pet.) 58

Save Our Springs All., Inc. v. City of Dripping Springs, 304 S.W.3d 871 (Tex. App.—

Austin 2010, pet. denied) 33

Shackelford v. City of Abilene, 585 S.W.2d 665 (Tex. 1979) 3, 85

Sierra Club v. Austin Transp. Study Pol’y Advisory Comm., 746 S.W.2d 298 (Tex. App.—

Austin 1988, writ denied) 16, 42

Smith Cnty. v. Thornton, 726 S.W.2d 2 (Tex. 1986) 42

Spiller v. Tex. Dep’t of Ins., 949 S.W.2d 548 (Tex. App.—Austin 1997, writ denied) 52

Standley v. Sansom, 367 S.W.3d 343 (Tex. App.—San Antonio 2012, pet. denied) 55

State v. Williams, 780 S.W.2d 891 (Tex. App.—San Antonio 1989, no writ) 75

Stein v. Dallas Cnty., No. 2:22-CV-1255-D, 2024 WL 2946572 (N.D. Tex. June 11, 2024)

Stockdale v. Meno, 867 S.W.2d 123 (Tex. App.—Austin 1993, writ denied) 32, 34

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Stratta v. Roe, 961 F.3d 340, 363 (5th Cir. 2020) 49, 50

Swate v. Medina Cmty. Hosp., 966 S.W.2d 693 (Tex. App.—San Antonio 1998, pet.

denied) 52, 60

Tarrant Reg’l Water Dist. v. Bennett, 453 S.W.3d 51, 58 (Tex. App.—Fort Worth 2014,

pet. denied) 18

Terrell v. Pampa Indep. Sch. Dist., 345 S.W.3d 641(Tex. App.—Amarillo 2011, pet.

denied) 43

Terrell v. Pampa Indep. Sch. Dist., 572 S.W.3d 294 (Tex. App.—Amarillo 2019, pet.

denied) 39

Tex. State Bd. of Dental Exam’rs v. Silagi, 766 S.W.2d 280 (Tex. App.—El Paso 1989,

writ denied) 2

Tex. State Bd. of Pub. Accountancy v. Bass, 366 S.W.3d 751 (Tex. App.—Austin 2012, no

pet.) 51, 52, 56

Tex. Tpk. Auth. v. City of Fort Worth, 554 S.W.2d 675 (Tex. 1977) 32, 33

Thompson v. City of Austin, 979 S.W.2d 676 (Tex. App.—Austin 1998, no pet.) 61

Tovar v. State, 978 S.W.2d 584 (Tex. Crim. App. 1998) 84

Town of Shady Shores v. Swanson, 544 S.W.3d 426 (Tex. App.—Fort Worth 2018) 8

Town of Shady Shores v. Swanson, 590 S.W.3d 544 (Tex. 2019) 9, 46

Toyah Indep. Sch. Dist. v. Pecos-Barstow Indep. Sch. Dist., 466 S.W.2d 377 (Tex. App.—

San Antonio 1971, no writ) 1, 52, 79

Tyler v. City of Manhattan, 849 F. Supp. 1429 (D. Kan. 1994) 87

United Indep. Sch. Dist. v. Gonzalez, 911 S.W.2d 118 (Tex. App.—San Antonio 1995),

writ denied, 940 S.W.2d 593 (Tex. 1996) 64

Washington v. Burley, 930 F. Supp. 2d 790, 807 (S.D. Tex. 2013) 33

Weatherford v. City of San Marcos, 157 S.W.3d 473 (Tex. App.—Austin 2004, pet. denied)

Webb Cnty. v. Mares, No. 14-23-00617-CV, 2024 WL 5130862 (Tex. App.—Houston

[14th Dist.] Dec. 17, 2024, no pet.) 8, 9, 35, 57, 77, 78

Webster v. Tex. & Pac. Motor Transp. Co., 166 S.W.2d 75 (Tex. 1942) 1

Willmann v. City of San Antonio, 123 S.W.3d 469 (Tex. App.—San Antonio 2003, pet.

denied) 1, 17

York v. Tex. Guaranteed Student Loan Corp., 408 S.W.3d 677 (Tex. App.—Austin 2013,

no pet.) 71, 88

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Appendix B: Table of Authorities

Open Meetings Act Provisions

551.001(2) ......................................................................................................................... 21, 22, 48

551.001(3)(A) ................................................................................................................... 14, 49, 67

551.001(3)(B)–(L) ........................................................................................................................ 49

551.001(3)(D) ............................................................................................................................... 15

551.001(3)(H) ............................................................................................................................... 16

551.001(3)(J)–(K) ......................................................................................................................... 19

551.001(4) ............................................................................................................................... 14, 48

551.001(4)(A) ......................................................................................................................... 21, 23

551.001(4)(B).......................................................................................................................... 23, 24

551.001(4)(B)(iv) .......................................................................................................................... 49

551.001(6) ....................................................................................................................................... 2

551.0015........................................................................................................................................ 14

551.002.................................................................................................................................... 13, 21

551.003.......................................................................................................................................... 14

551.003(A) .................................................................................................................................... 14

551.0035........................................................................................................................................ 39

551.004.......................................................................................................................................... 85

551.006.......................................................................................................................................... 24

551.006(b) ..................................................................................................................................... 24

551.006(c) ..................................................................................................................................... 24

551.006(d) ..................................................................................................................................... 25

551.006(e) ..................................................................................................................................... 25

551.0061.......................................................................................................................................... 4

551.0061(a) ................................................................................................................................... 25

551.0061(b) ................................................................................................................................... 25

551.0061(d)–(e) ............................................................................................................................ 25

551.007.......................................................................................................................................... 49

551.007(a) ..................................................................................................................................... 49

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551.007(b) ..................................................................................................................................... 49

551.007(c) ..................................................................................................................................... 50

551.007(d) ..................................................................................................................................... 50

551.007(e) ..................................................................................................................................... 50

551.021.......................................................................................................................................... 71

551.021(a) ..................................................................................................................................... 89

551.022.......................................................................................................................................... 71

551.023.......................................................................................................................................... 51

551.041.......................................................................................................................................... 31

551.0411(a) ................................................................................................................................... 47

551.0411(c) ................................................................................................................................... 47

551.0415(a) ................................................................................................................................... 36

551.0415(b). .................................................................................................................................. 36

551.042.................................................................................................................................... 35, 50

551.043............................................................................................................................................ 4

551.043(a) ..................................................................................................................................... 37

551.043(b) ..................................................................................................................................... 37

551.043(b)(3) ................................................................................................................................ 38

551.043(c) ..................................................................................................................................... 37

551.043(c-1) .................................................................................................................................. 37

551.044.......................................................................................................................................... 38

551.045.......................................................................................................................................... 45

551.045(a) ..................................................................................................................................... 45

551.045(a-1) .................................................................................................................................. 41

551.045(b) ..................................................................................................................................... 45

551.045(c) ..................................................................................................................................... 45

551.046.................................................................................................................................... 38, 39

551.047(b) ..................................................................................................................................... 45

551.047(c) ..................................................................................................................................... 45

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Appendix B: Table of Authorities

551.049............................................................................................................................................ 5

551.056.......................................................................................................................................... 43

551.056(b) ..................................................................................................................................... 43

551.056(d) ..................................................................................................................................... 43

551.071.......................................................................................................................................... 56

551.071(1) ..................................................................................................................................... 56

551.071(2) ..................................................................................................................................... 56

551.071–.091................................................................................................................................. 55

551.072.......................................................................................................................................... 58

551.0725(b) ................................................................................................................................... 72

551.0726........................................................................................................................................ 59

551.0726(b) ................................................................................................................................... 72

551.073.......................................................................................................................................... 59

551.074.......................................................................................................................................... 60

551.074(b) ..................................................................................................................................... 61

551.0745........................................................................................................................................ 61

551.075.......................................................................................................................................... 62

551.076.......................................................................................................................................... 55

551.0761.......................................................................................................................................... 5

551.0761(a) ................................................................................................................................... 62

551.0761(b) ................................................................................................................................... 62

551.077.................................................................................................................................... 13, 62

551.078.......................................................................................................................................... 62

551.0785........................................................................................................................................ 63

551.082.......................................................................................................................................... 64

551.085.......................................................................................................................................... 65

551.086.......................................................................................................................................... 66

551.086(b)(1) ................................................................................................................................ 66

551.086(c) ..................................................................................................................................... 66

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Appendix B: Table of Authorities

551.086(d) ..................................................................................................................................... 66

551.087.......................................................................................................................................... 66

551.088.......................................................................................................................................... 67

551.089.......................................................................................................................................... 67

551.090.......................................................................................................................................... 67

551.091(a) ............................................................................................................................... 26, 46

551.091(a)–(b) .............................................................................................................................. 68

551.091(b) ................................................................................................................... 26, 31, 46, 48

551.091(c) ............................................................................................................................... 31, 46

551.091(d)(1) ................................................................................................................................ 46

551.091(d)(2) .......................................................................................................................... 46, 72

551.091(e) ......................................................................................................................... 26, 46, 68

551.092...................................................................................................................................... 5, 67

551.101................................................................................................................................ 1, 48, 55

551.102.................................................................................................................................... 51, 53

551.103.......................................................................................................................................... 89

551.103(a) ..................................................................................................................................... 72

551.103(b) ..................................................................................................................................... 72

551.103(c) ..................................................................................................................................... 72

551.104.................................................................................................................................... 73, 89

551.104(a) ..................................................................................................................................... 73

551.121(c) ..................................................................................................................................... 26

551.121–.126................................................................................................................................. 25

551.123.......................................................................................................................................... 26

551.124.......................................................................................................................................... 26

551.125(b) ..................................................................................................................................... 26

551.125(b)–(f) ............................................................................................................................... 26

551.127.......................................................................................................................................... 27

551.127(a) ..................................................................................................................................... 27

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551.127(a-1) .................................................................................................................................. 27

551.127(a-2) .................................................................................................................................. 28

551.127(a-3) ............................................................................................................................ 28, 29

551.127(b) ..................................................................................................................................... 28

551.127(c) ..................................................................................................................................... 27

551.127(d) ..................................................................................................................................... 27

551.127(e) ..................................................................................................................................... 28

551.127(f)...................................................................................................................................... 28

551.127(g) ..................................................................................................................................... 29

551.127(h) ..................................................................................................................................... 28

551.127(i) ...................................................................................................................................... 28

551.127(j) ...................................................................................................................................... 28

551.127(k) ..................................................................................................................................... 29

551.128(b) ..................................................................................................................................... 29

551.128(b-1).................................................................................................................................. 29

551.128(b-1)(1) ............................................................................................................................. 29

551.128(b-1)(1)(B)(ii) ................................................................................................................... 29

551.128(b-2).................................................................................................................................. 29

551.128(b-4)(1) ............................................................................................................................. 29

551.128(b-4)(2) ............................................................................................................................. 29

551.1281–.1282....................................................................................................................... 30, 43

551.1283(a)–(b) ............................................................................................................................ 71

551.1283(b) ............................................................................................................................. 72, 74

551.1283(d) ................................................................................................................................... 72

551.1283(e) ................................................................................................................................... 29

551.129(a), (d) .............................................................................................................................. 27

551.129(e) ..................................................................................................................................... 27

551.129(f)...................................................................................................................................... 27

551.129–.131................................................................................................................................. 25

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551.130.......................................................................................................................................... 26

551.141.............................................................................................................................. 31, 42, 79

551.142.......................................................................................................................................... 75

551.142(a) ..................................................................................................................................... 76

551.142(b) ..................................................................................................................................... 77

551.142(c) ............................................................................................................................... 45, 78

551.142(d) ..................................................................................................................................... 45

551.143.......................................................................................................................................... 83

551.143(a)(1) ................................................................................................................................ 24

551.143(a)(2) ................................................................................................................................ 24

551.144.......................................................................................................................................... 84

551.144(c) ..................................................................................................................................... 84

551.145.................................................................................................................................... 72, 81

551.146.................................................................................................................................... 73, 82

551.146(a)(2) ................................................................................................................................ 79

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