The Honorable Kenneth D. Gaver Opinion No. ~-850

Commissioner Texas Department ofMental Health Re: Notice requirements and Mental Retardation under the Open Meetings P. 0. Box 12668, Capitol Station Act forMH/MR Community Austin, Texas 78711 Center.

Dear Dr. Gaver:

You ask what must be done by theboards of trustees of community centers formental health andmental retardation inorder to satisfy the notice requirements of the Open Meetings Act, article 6252-17, V.T.C.S. This question was answered inAttorney Genera& Opinion H-450 (1974) for the Mental Health and Mental Retardation Authority of Harris County, forwhich Harris County served as the operating agency and the Commissioners Court as the Board of Trustees. Most of the twenty-seven community centers inTexas, however,
are established and operated by a combination of two ormore local agencies, as authorized by article 5547-203, section 3.01(a), V.T.C.S.
Article 5547-203, section 3.04, requires that:

All meetings of the boards of trustees shall be open to thepublic to the extent required by and in accordance with thegeneral law of this state requiring meetings of governmental bodies tobe open to thepublic.

p. 3588The Honorable Kenneth D. Gaver -page 2 (l-I...850)

Article 6252-17, section 3A, specifies theplaces forposting notice ofmeetings of a state governmental body, a city governmental body, a county governmental body, a school district, and agovernmental body of awater district or other district or political subdivision. We believe that a community center founded by two ormore local agencies is an "other district orpolitical subdivision" within themeaning of article 6252-17, section 3A(f) and (g),and that notice ofmeetings must satisfy the requirements of section 3A(f) and (9). Thus, notice must beposted at aplace convenient to thepublic in the administrative office of the center. Further, thenotice must be furnished to the clerk or clerks of each county inwhich one of the establishing agencies is situated forposting at the county courthouse as required by subsection (g)of section 3A;or, if the establishing agencies
cover all orpart of four ormore countries,notice must be given to the Secretary of State and to the cl,erkof the county inwhich the center's administrative office is located,
as required by subsection (f)of section 3Aof theAct.

InAttorney General Opinion H-450 (1974),this office held that the Harris County Mental Health andMental Retardation Authority was, forpurposes of notice under the Open Meetings Act, a county governmental body, and that proper notice must be posted on abulletin board in the county courthouse as required by article 6252-17, section 3A(d). Attorney General Opinion H-450 (1974)continues to control the limited situation set out in its facts -- that is, a community center established and operated by a single local agency, with the governing body of that local agency serving as theboard of trustees of the center, as authorized by article 5547-203, section 3.02(a). Notice requirements
are satisfied by complying with the requirements otherwise applicable to that local agency [forexample, the county commissioners court inAttorney General Opinion H-450 (197411. A community center establrshed by a single local agency, but having aHoard of Trustees appointed from the qualified voters of the region tobe served, will, however, be considered an "other district or political subdivision" subject to the requirements of article 6252-17, section 3A (f)and (g)

.

p. 3589. -

: The Honorable Kenneth D.Gaver -page 3 (H-850)

SUMMARY

For purposes of the Open Meetings Act, a local community center formental health andmental retardation established by a combination of two ormore local agencies is an "other district or political subdivision" subject to the requirements of article 6252-17, section 3A (f)and (g). The same is true for a community center established and operated by a single local agency unless the governing body of that local agency is serving as the Board of Trustees of the center, inwhich case the community center must simply comply with the notice requirements otherwise applicable to itsgoverning body.

pyw truly y*s2 

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Attorney General of Texas

APPROVED: v

c. ROBERT HEATH, Chairman Opinion Committee
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