### THE iWrmlRhTE~ 

### GENEOFT.-ExAS
. Ausrm;:- 7e.722 Gepteniber 26, 1967
6onorable

J. W. Edgar Opinion Bo. k-136 c0miesionir of Bducation
. TexasEduca.tion,Agency Ret Whether 6.S. 94, 60th LegiaAustin. Texas lature (Article6252-17,,

. . Vernon's Civil Statutes) rcquite6 open meetings of'the . State Textbook Committee,,~uu-' :thorieedundet'Article 2654-4, Dear Dr. Ddgrr: Vernoix'e Civil Statutes:, Your letter of August 16, 1967,; requesting the ,opiuion of this office on the above-stated question reads, in part',.'be follows: '%ffective Hay 23, 1967, was adopted Senate i Bill Bo. 94 of the 60th Legislature (Article 62.62-17). It prohibits the holding of closed . ."' " ., meetings **by** any **‘ lgwernxmntal**  body’ , **therein** defined to include 'anyboard, conmission,department or **agency** within the executive department .~ of the state, which is under the direction of three or more elected or appointedmembers . . ..I 'Since the prim?~ry function of **the** State Textbook Conmittee followingcareful examination of **textbooks** offered4for adoption is, rixuply, to recommend to the State Commissionera complete list of textbookswhich such Committee apprwes for adoptfon at the various grade levels and in ., ,thd various school subjects (the authority to -adopttextbooksbeing reposed in the State **Board** df Education),there,ie concern as to whether Senate Bill 94 was intended a should be construed as having applkcationto any such com. mittee which performs in a recommendation and/or report, capacity only; . . ."

- 630 - 'I&J;W..;&!dgat, ‘page.2 (H-136) ., ,. ,‘..‘. . . .

.’ . . '... 6enate'Bill94, Acts 60th Legislature, R.6., 1967, c!h. 271, p. 597 (codified as Article 6252-17,Vernon's Civil~ Statutes) prohibitsgovernmental bodies from holding meetings which are closed to .the public. read& aB foliowst Section 1 of the’ above P;ct

‘

.

_: ~(5)"A..;~wern~ntal.bodv.' within the meaning. b’f this Act, is anv board, commission; deDartment,:. or aaencv within the executivedewrtment of the '. state, which is under the direction of three or more elected or aDvointedmembers; and every Commissioners Court and city council in the state, and every deliberahive.body

having rule-makingor quasi-judicial power and classifiedas a department, agency, or political subdivisionof a county or city: and the bosrd of trustees of every school district,and every cour+ty

board of school trustees and county board of education;and the governingboard of every special districtheretofore or hereafter created by,law.m (Emphasis added.) Article 2654-4,Vernon's Civil Statutes,created's State Textbook Couanittee to replace a textbook committeecreated by 6.B; 146, Acts 40th Leg., R.S., 1945, Ch. 144, p. 169 (codified as Article 2675b-5,Vernon's Civil Statutes).

0 ,! ~.': YSection '1;' (a) Btcept-as otherwiseprovided ,. in thisW,Acti'eveDy regular, special, 6r called meeti‘ inq,or session of every qoveramental body shall,be : 'o.pen to the'public. '., . ;

Note that subdivision (e) of Article 2675b-5, Vernop'I Civil Statutes, abolished the State Textbook Commissionand Y transferred its duties and responsibilities to the State Board of Education.

,.Section

5 of A~rticle

.2654-4,

Vernon'8 Civil Statutes, setb forth the duties and reaDonaibili.ties of the.StateTextbook Cosnnittee

as .follower “Sec. 5. It shall be the dutv of the Textbook Committee to recommend to the Commissioner a .

- 631 -m, J. W.. Bdgar, page 3 (M-136)

_ adODt,tiOr?

at the various grade levels and ,inthe various school subjects. It shall examine carefully all books submitted for adoption and shall pre@re and publish for free,distrlbution a list of its recommndations to the State Commissioner. The State Comuis~$h sue $ecoxxended list.'but**he** shall not olace tm n C e nor shall he'reduce to a single adoption any list for a specific grade or subject in which multiple adoption.16recommended by the Conmittee. "The State Conmissionerof Education,pursuant to the provisiou6 in the foregoing paragraph, shall submit to the State Board of Dducbtion the recommendedlist of contracts to be awardedeach year. The State Board of Fdug&&u mav rrmwg not olace thereon anv book not recommended &v the State Cm, uox shall the Board reduce to a single adoption any list for a specific "grade 'orsubject in which multiple adopt'ioti-is "' recommended

by the State Conmissioner. Said contracts shall be entered into by the Board of Bdfica tion
.* (Emphasis

added.) Particular

reference is made to the hereinbeforequoted definitionof *governmental body' and the inclusion therein of '. ***any** . . . agency within the executivedepartment of the state, which is'

under the'direction of three or more elected or appointed members.*

. ‘.Webster's New International Dictionary,Second Edition,, def in e s

l agencym a s 'Facultyor state of acting or exertingpower, action, instruxentation." Black's Law Dictionary,4th Edition, defines the term *governmental agency" to be "~a

subordinate creature of the sovereigncreated to carry out a governmental function.g

The Textbook Committee is charged with the duty of -;632 -Dr. J. W.Rdgar, page 4 01~36)

.

recoxuanding'to

the State Commissioner of Rducatlon 'alist of text. books&-and

no book 'may'beaccepted for use in the schoolsunle& and 'itntil

it la apprwed 8nd put on such list by this committee, .he exclusion of a book from use in our schools is a major an& an importantdecision and constitutesthe exercise of8 gwernmental functionby this body, whether it be called a board, commission,agency or committee.
. . The Tentbook Corauittee meets the requirelwntof being an **agency** within the executivedepartment,under the direction,&f three or’more elected or appointedmembers and it is the'opinion of this office that the inclusionof such committeewithin the category defined as a 

### l qwernmental body" is in line with the&xpressed spirit and intent of the Act.

It is, therefore,the opinion of this office that Senate Bill No. 94, Acts of the 60th Legislature, Regular ;Session,

T967, Ch. 271, pi 597 (codified as Article 6252-17,Vernon's CivilStatutes)-,requires

open meetings of the State Textbook Conunitteeauthorised ,under

Article 2654-4,Vernon's Civil Statutes. ..

SUMMARY

., Senate'

Bill Ro. 94, Acts of the 60th Legislature;. Regular Session, 1967, Ch. 271, p. 597 (codified as Article 6252-17,Vernon's Civil Statutes) requires open meetings of the State TextbookCommittee authorfeed under Article 2654-4,Vernon's Civil Statutes. 0 very truly, .

Prepdkedby Harold G., Kennedy AssistantAttorney General

- 633 -Dr. J. W. Edgar, page 6 (M-136)

APPRWBDa .oPINIONCCMMITTBE Hawthorne Phillips,Chairmati Kerns Taylor, Co-chairman Jack Sparks' Houghton Brownlee W. V. Geppert A. J. CARUBBI, JR. Staff Legal Assistant

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