THE iWrmlRhTE~ GENEOFT.-ExAS . 

Ausrm;:- 7e.722 

Gepteniber 26, 1967 

6onorable J. W. Edgar Opinion Bo. k-136 

c0miesionir of Bducation . 

Texas Educa.tion,Agency Ret Whether 6.S. 94, 60th LegiaAustin. Texas lature (Article 6252-17,, 

. . Vernon's Civil Statutes) rcquite6 open meetings of'the . 

State Textbook Committee,,~uu-' 

:thorieed undet'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 'any board, conmission, department or agency within the executive department .~ 

of the state, which is under the direction of 

three or more elected or appointed members . . ..I 

'Since the prim?~ry function of the State 

Textbook Conmittee following careful examination 

of textbooks offered4for adoption is, rixuply, to 

recommend to the State Commissioner a complete 

list of textbooks which such Committee apprwes 

for adoptfon at the various grade levels and in ., 

,thd various school subjects (the authority to 

-adopt textbooks being reposed in the State Board 

df Education), there,ie concern as to whether 

Senate Bill 94 was intended a should be construed as having applkcation to any such committee which performs in a recommendation and/or . 

report, capacity only; . . ." 

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I&J;W..;&!dgat, ‘page.2 (H-136) 

., 

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. . 

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'... 6enate'Bill 94, Acts 60th Legislature, R.6., 1967, 

c!h. 271, p. 597 (codified as Article 6252-17, Vernon's Civil~ 

Statutes) prohibits governmental 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 executive dewrtment of the '. 

state, which is under the direction of three or more 

elected or aDvointed members; and every Commissioners 

Court and city council in the state, and every deliberahive.body having rule-making or quasi-judicial 

power and classified as a department, agency, or 

political subdivision of 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 governing board of 

every special district heretofore or hereafter 

created by,law.m (Emphasis added.) 

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

State Textbook Couanittee to replace a textbook committee created 

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 otherwise provided ,. 

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 Commission and 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.State Textbook 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 ,in the 

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.16 recommended by the Conmittee. 

"The State Conmissioner of Education, pursuant to the provisiou6 in the foregoing paragraph, 

shall submit to the State Board of Dducbtion the 

recommended list 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 'or subject 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 hereinbefore quoted 

definition of *governmental body' and the inclusion therein of '. 

*any . . . agency within the executive department of the state, 

which is' under the'direction of three or more elected or appointed 

members. * 

. ‘. Webster's New International Dictionary, Second Edition,, 

definel s agencym a s 'Faculty or state of acting or exerting power, 

action, instruxentation." Black's Law Dictionary, 4th Edition, 

defines the term *governmental agency" to be "~a subordinate 

creature of the sovereign created 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 'a list of text. 

books&-and no book 'may'be accepted for use in the schools unle& 

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 important decision and constitutes the exercise of 8 

gwernmental function by this body, whether it be called a board, 

commission, agency or committee. . . 

The Tentbook Corauittee meets the requirelwnt of being 

an agency within the executive department,under the direction,&f 

three or’more elected or appointed members and it is the'opinion 

of this office that the inclusion of such committee within 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 Civil Statutes)-,requires open meetings of the State Textbook Conunittee authorised ,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 Textbook Committee authorfeed under Article 2654-4, Vernon's Civil Statutes. 

0 very truly, . 

Prepdked by Harold G., Kennedy 

Assistant Attorney 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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