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

Commissioner 

Texas Department of Mental Health Re: Notice requirements 

and Mental Retardation under the Open Meetings 

P. 0. Box 12668, Capitol Station Act for MH/MR Community 

Austin, Texas 78711 Center. 

Dear Dr. Gaver: 

You ask what must be done by the boards of trustees of 

community centers for mental health and mental retardation 

in order to satisfy the notice requirements of the Open 

Meetings Act, article 6252-17, V.T.C.S. This question was 

answered in Attorney Genera& Opinion H-450 (1974) for the 

Mental Health and Mental Retardation Authority of Harris 

County, for which Harris County served as the operating 

agency and the Commissioners Court as the Board of Trustees. 

Most of the twenty-seven community centers in Texas, however, 

are established and operated by a combination of two or more 

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 the public to the 

extent required by and in accordance 

with the general law of this state 

requiring meetings of governmental 

bodies to be open to the public. 

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

Article 6252-17, section 3A, specifies the places for posting 

notice of meetings of a state governmental body, a city 

governmental body, a county governmental body, a school 

district, and a governmental body of a water district or 

other district or political subdivision. We believe that a 

community center founded by two or more local agencies is an 

"other district or political subdivision" within the meaning 

of article 6252-17, section 3A(f) and (g), and that notice 

of meetings must satisfy the requirements of section 3A(f) 

and (9). Thus, notice must be posted at a place convenient 

to the public in the administrative office of the center. 

Further, the notice must be furnished to the clerk or clerks 

of each county in which one of the establishing agencies is 

situated for posting at the county courthouse as required by 

subsection (g) of section 3A; or, if the establishing agencies 

cover all or part of four or more countries, notice must be 

given to the Secretary of State and to the cl,erk of the 

county in which the center's administrative office is located, 

as required by subsection (f) of section 3A of the Act. 

In Attorney General Opinion H-450 (1974), this office 

held that the Harris County Mental Health and Mental Retardation Authority was, for purposes of notice under the Open 

Meetings Act, a county governmental body, and that proper 

notice must be posted on a bulletin 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 the board 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 [for example, the county 

commissioners court in Attorney General Opinion H-450 (197411. 

A community center establrshed by a single local agency, but 

having a Hoard of Trustees appointed from the qualified 

voters of the region to be 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 for mental health 

and mental retardation established by a 

combination of two or more 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, in which case the 

community center must simply comply with 

the notice requirements otherwise applicable to its governing body. 

pyw truly y*s2 

/yxc!!& 

Attorney General of Texas 

APPROVED: v 

c. ROBERT HEATH, Chairman 

Opinion Committee 

jwb 

p. 3590