JIM MATTOX 

Attorney General 

Supreme Cowl Building 

P. 0. BOX 12546 

Auslin. TX. 76711. 2546 

51214712501 

Telex 9101674-1387 

Tekcopiar 51214750266 

1607 Main St.. Suite 1400 

Dallas, TX. 75201.4709 

2141742-6944 

4624 Alberta Ave.. Suile 160 

El Paso. TX. 79905.2793 

,,,,,1 

,220 Dallas Ave.. Suite 202 

HO”SlO”. TX. 77002.6966 

71MqOae6 

806 Broadway. suite 312 

L,ibbock. TX. 794013479 

606l747.5236 

The Attorney General of Texas 

March 10, 1983 

Honorable James W. Smith. Jr. 

Frfo County Attorney 

P. 0. Box V 

Pearsall. Texas 78061 

opinion No. Jn-6 

RI?: Whether the commissioners 

court may exclude the county 

clerk from its executive 

session meetings 

Dear Mr. Skith: 

You have asked whether the commissioners court of Frio County may 

exclude the county clerk from executive sessions of the court. You 

contend that inasmuch as the county clerk is ex officio clerk of the 

commissioners court, articles 1940 and 2345, V.T.C.S.. she Is. in most 

instances, entitled to attend such sessions. 

Section 2(a) of article 6252-17, V.T.C.S.. the Open Meetings Law. 

provides in part as follows:’ 

Except as otherwise provided. . . every. . . 

meeting or session of every governmental body 

shall be open to the public; and no closed or 

executive meeting or session of .any governmental 

body for any of the purposes for which closed or 

executive meetings or sessions are hereinafter 

authorized shall be held unless. . . . (Emphasis 

added). 

4309N. Tenth. Suite B 

McAlkn. TX. 76501.1665 

5121882-4547 

Section 1 of this article provides: 

200 Main Plaza. Suite 400 

San Anlonio. TX. 76TO5.2797 

5121225.4191 

An Equal Opportunityl 

Allirmrlivc Aclion Employer 

(a) ‘Meeting’ means any deliberation between a 

quorum of members of a governmental body at 

which. . . . 

. . . . , 

(6) ‘Governmental body’ means. . . every 

Commissioners Court. . . in the state. . . . 

(Emphasis added). 

These provisions clearly establish that only the members of a 

governmental body -- in this instance. the commissioners court -- have 

p. 25 
Honorable James W. Smith, Jr. - Page 2 (JM-6) 

the right. when authorized by section 2 of the Open Meetings Act, to 

convene In executive session. The fact that the county clerk is ex 

officio clerk of the commissioners court does not make her a member of 

that court. Article V. section 18 of the Texas Constitution provides 

in relevant part that “[t]he County Cowmissioners so chosen, with the 

County Judge as presiding officer, shall compose the County 

Commissioners Court. . . .‘I Article 2342, V.T.C.S., contains 

virtually the same language. We therefore answer your question In the 

affirmative. 

SUMMARY 

The connaissloners court of Frio County may 

exclude the county clerk from executive sessions 

of the court held under article 6x52-17, V.T.C.S. 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

George Gray 

Jim Moellinger 

Bruce Youngblood 

. 

p. 26