DAN MORALES 

ATTORNEY GENERAL 

QBffice oftip !Wornep QBeneral 

.$Mate of ‘Qexae 

June lo,1998 

Mr. Dehnar L. Cain 

General Counsel 

Opinion No. DM-478 

The Texas A&M University System 

301 Tarmw, 6th Floor 

College Station, Texas 77843-1230 

Re: Whether recently enacted Government Code 

section 55 1.126, an Open Meetings Act provision 

authorizing governmental bodies to hold meetings 

by videoconference call, applies to a governing 

board of an institution of higher education, and 

related questions (RQ-1040) 

Dear Mr. Cain: 

On behalf of the board of regents of The Texas A&M University System, you ask about the 

relationship between two sections of the Open Meetings Act - Government Code section 55 1.126,’ 

a recently enacted provision authorizing governmental bodies to hold meetings by videoconference 

call, and Government Code section 551.121, a ten-year-old provision authorizing a governing board 

of an institution of higher education to hold a meeting by telephone conference call in certain 

situations. You suggest that section 551.126 does not apply to any meeting of a governing board of 

an institution of higher education and that any meeting of a goveming body of an institution of 

higher education conducted by videoconference call is governed only by section 551.121. We 

conclude that both sections apply to a governing body of an institution of higher education. 

Chapter 55 1 of the Government Code, the codification of the Open Meetings Act, subchapter 

F, contains several provisions permitting meetings by teleconference and videoconference. Section 

551.121, which was enacted in 1987: authorizes the governing board of an institution of higher 

education to conduct a meeting by telephone conference call under certain conditions. It provides 

in pertinent part as follows: 

(II) This chapter does not prohibit the governing board of an institution 

of higher education from holding an open or closed meeting by telephone 

conference call. 

‘The Seventy-ffi Legislaturenacted two pmvisions currently codified as Governmen t Code section 551.126. 

Throughout this option, WC addnss only section 551.126 as enacted by Act ofMay30,1997,75tb Leg., RS., cb. 1038, 

1991 Tex. Gen. Laws 3896,3896 (eff. Sept. I, 1997). 

=See Act of June 1,1987,7Oth Leg., RS., ch. 964.5 4,1987 Tex. Gem. Laws 3282.3283. 
Mr. Dehmr L. Cam - Page 2 (DM-478) 

(c) A meeting held by telephone conference call may be held only iE 

(1) the meeting is a special called meeting and hmnediate action is 

required, and 

(2) the convening at one location of a quorum of the governing 

board is diffkult or impossible. 

(d) The telephone conference call meeting is subject to the notice 

requirements applicable to other meetings. 

(e) The notice of the telephone conference call meeting must specify as 

the location of the meeting the location where meetings of the governing 

board are usually held. For a meeting of the governing board of a university 

system, the notice must specify as the location of the meeting the board’s 

conference room at the university system office. 

(t) Each part of the telephone conference call meeting that is required to 

be open to the public shall be audible to the public at the location specified 

in the notice of tbe meeting as the location of the meeting and shall be tape 

recorded. The tape recording shall be made available to the public. 

Gov’t Code § 551.121. 

Recently enacted section 551.126, which authorizes videoconference call meetings, 

to govemmental bodies generally, providing in pertinent part: 

- 

(a) Except as otherwise provided by this section, this chapter does not 

prohibit a governmental body from holding an open or closed meeting by 

videoconference call. 

(b) A meeting may be held by videoconference call only if a quorum of 

the governmental body is physically present at one location of the meeting. 

(c) A meeting held by videoconference call is subject to the notice 

requirements applicable to other meetings in addition to the notice 

requirements prescribed by this section. 

(d) The notice of the meeting to be held by videoconference call must 

specify as a location of the meeting the location where a quorum of the 

governmental body will be physically present and specify the intent to have 

a quorum present at that location. In addition the notice,of the meeting must 

specify as a location of the meeting each other location where a member of 

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Mr. Dehnar L. Cain - Page 3 (~~-478) 

the governmental body who will participate in the meeting will be physically 

present during the meeting. Each of the locations shah be open to the public 

during the open portions of the meeting. 

(e) Each portion of a meeting held by videoconference call that is 

required to be open to the public shall be visible and audible to the public at 

each location specified under Subsection (d). 

(t) The governmental body shall make at least an audio recording of the 

meeting. The recording shall be made available to the public. 

(g) Each location specified under Subsection (d) shall have two-way 

communication with each other location during the entire meeting. Each 

participant in the ‘videoconference call, while speaking, shall be clearly 

visible and audible to each other participant and, during tbe open portion of 

the meeting, to the members of the public in attendance at the location of the 

meeting. 

Id. § 55 1.126. Subsections (h) and (i) govern the quality of audio and video signals. Subsection (j) 

permits a governmental body to allow a member of the public to testify at a meeting kom a remote 

location by videoconference call, without regard to whether a member of the governmental body is 

participating from a remote location. 

To summarize the pertinent highlights of these provisions, section 55 1.121 anthorizes the 

governing board of an institution of higher education to hold a meeting. by telephone czmfemnce call 

only ifthe meeting is a special called meeting regarding a matter requiring immediate action and it 

is difficult or impossible to convene a quorum of the governing board inone location. The open 

portions of the telephone conference call meeting must be audible to the public at the location the 

governing board usually meets. Section 551.121 contemplates that a quorum of the governing board 

is not present in one location Section 551.126, on tbe other hand, authorizes any governmental body 

to hold any meeting, not just a special called meeting, by videoconference call if a quorum of the 

governmental body is present at one location. Any open portion of the meeting must be open to the 

public, not only at the location of the quorum, but also at every remote location from which a 

member participates. There must be two-way video communication between all locations. 

The Texas A&M University System suggests that section 551.126 is inapplicable to 

governing boards of institutions of higher education because section 551.121 is specific to such 

bodies and predates section 55 1.126. We see no reason to exclude governing boards of institutions 

of higher education from the scope of section 551.126. First, a governing board of an institution of 

higher education is a “governmental body” within the meaning of section 551.126.’ Furthermore, 

sections551.121and551.126innowayconflict. Section551.121allowsagovemingboardofan 

‘See Gov’t Code 5 551.001(3)(A) (defhition of “govmunental body”). 

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Mr. Dehnar L. Cain - Page 4 (DM-478) 

institution of higher education to conduct a meeting by telephone conference call in certain very 

liited circumstances - when a quorum cannot be present for a special called meeting regarding a 

matter requiring immediate action. Section 551.126 is broader, applying to governmental bodies 

generally, and authorizing any meeting by videoconference call if a quorum of the governmental 

body is present in one location and the governmental body adheres to various special requirements. 

Govermnent Code section 55 1.125, which also predates4 section 55 1.126, is quite similar to section 

55 1.121, authorizing governmental bodies to hold emergency meetings by telephone conference call 

when it is difficult or impossible to convene a quorum in one location. The availability of telephone 

conference call meetings to all governmental bodies further supports our conclusion that the 

legislature intended the telephone conference call statutes and section 55 1.126 to be read together 

to apply to different types of meetings - a special or emergency meeting where a quorum cannot be 

present in one location in the case of the telephone conference call statutes and a regular meeting 

where a quorum is present in one location in the case of section 551.126. 

The Texas A&M University System asks if it may hold a regular meeting, at which a quorum 

is present but at which other members are unable to personally attend, with participation of the 

nonpresent members by telephone. We conclude that it may not. The Open Meetings Act 

contemplates that members of a governmental body participating in a meeting must be physically 

present unless expressly authorized to participate by other means. See Attorney General Opinions 

DM-207 (1993), JM-584 (1986). Thus, this office has concluded that in the absence of specific 

legislative authorization, a member may not participate in a meeting via telephone conference call 

or video transmission. See id We believe such legislative authorixations must be strictly construed 

and may not be expanded to allow exceptions not expressly contemplated and authorized by the 

legislature. Section 551.121 permits The Texas A&M University System board of regents to 

conduct a meeting by telephone conference call only if the meeting is a special called meeting 

regarding a matter requiring immediate action and it is difficult or impossible to convene a quorum 

of the board at one location. Section 55 1.121 did not apply to regular meetings of the board regents 

before the enactment of section 551.126 and it does not apply to regular meetings now. If the board 

of regents wishes to allow nonpresent members to participate in a regular meeting from a remote 

location, it must do so by videoconference call under section 551.126. A quormn of the board of 

regents must be present in one location and members of the public must have access to all locations. 

We have also been asked if the governing board of an institution of higher education may 

“continue to use real-time videoconferencing as a means of holding board meetings under the 

authority gmnted to such boards to hold telephonic meetings” under section 55 1.121. This question 

requires us to addrtxs two issues: first, whether videoconference call tedmo~ogy may be used for a 

section 551.12 1 meeting, and, if so, whether a videuconference call meeting under section 55 1.12 1 

must adhere to section 551.126 requirements, such as public access to remote locations or 

transmission quality standards, which section 55 1.121 does not impose 

‘Government Code .ection 551.125 was enacted in 1995. See Act of May 29,1995,74thLeg., R.S., ch 1046, 

1995 Tex. Gen. Laws 5193.5193. 

p. 2708 
Mr. Delmar L. Cain - Page 5 (~~-478) 

With respect to the first issue, section 551.121 authorizes a special called meeting by a 

specific technology -- telephone conference call. As noted above, we believe section 55 1.121 must 

be strictly construed. Thus, we conclude that a section 55 1.121 meeting must be conducted by the 

technology specified by the legislature - telephone conference call. Whether a specific technology 

con&itutes a telephone conference call is a question of fact beyond the purview of this office. It may 

be the case that The Texas A&M University System video network uses the same technology as a 

telephone conference call, transmitting both an audio and a video signal. In that case, we believe 

section 55 1.121 would be satisfied by use of the video network. If the technologies are different, 

we see no reason why The Texas A&M University System board of regents could not use both 

technologies in tandem. Use of telephone conference call technology would satisfy section 55 1.121, 

and section 551.121 certainly does not preclude the use of additional technologies that provide 

additional access to the public. We do not believe, however, that the video network may be used in 

lieu of a telephone conference call if the technologies are different.’ 

With respect to the second issue, assuming that the video network may be used to conduct 

asection551.121meetin&wedonotbelievethemeetingissubjecttosection551.126requirements 

not applicable to a meeting under section 55 1.121. Thus, for example, the public need not be granted 

access to the remote locations nor must the transmission quality comport with section 551.126 

standards. We stress, however, that section 551.121 only applies to a special called meeting 

regarding a matter requiring immediate action and for which it is difficult or impossible for a quorum 

of the board of regents to convene at one location. 

In sum, section 551.121 permits a special called meeting of a governing board of an 

institution of higher education to be conducted by telephone conference call only if the meeting 

pertains to a matter requiring immediate action and it is difficult or impossible for a quorum to 

convene at one location. Section 55 1.126 permits any govermnental body, including a governing 

board of an institution of higher education, to hold a meeting by videoconference call if a quorum 

is present in one location. A governing body of an institution of higher education may not conduct 

a regular meeting by telephone conference call. A section 55 1.121 special called meeting may be 

transmitted by video ifthe video transmission uses telephone conference call technology or is used 

in addition to telephone conference call technology. 

‘We have received a letter from your office describing the video network at issue, the Trans-Texas 

Videoconference Network The letter states that the network “provides for real time audio and video hansmission for 

mukiple users. It operates using cmnpd video techdogy and telephone lines.” Letter tinm Genevieve G. Stubbs, 

Associate General Couascl, The Texas A&M University System, Office of General Counsel (Jan. 9, 1998). This 

description suggests that the network uses telephone conference call tccbnology. As noted above, however, whether 

a pattieular network uses telephone conference call technology is ultimately a fact detcrminatioa and is thaefore beyond 

the purview of an attorney general opinion. Tbia determination must be made by ‘The Texas ABrM University System 

in the fmt instance. 

P. 2709 
Mr. Delmar L. Cain - Page 6 (DM-478) 

SUMMARY 

Govermnent Code section 551.126 permits any governmental body, 

including a governing board of an institution of higher education, to hold a 

meeting by videoconference call if a quorum is present in one location. 

Section 55 1.12 1 permits a special called meeting of a governing board of an 

institution of higher education to be conducted by telephone conference call 

only if the meeting pertains to a matter requiring immediate action and it is 

difficult or impossible for a quorum to convene at one location. A goveming 

body of an institution of higher education may not conduct a regular meeting 

by telephone conference call. A section 551.121 special called meeting may 

be tmnsmitted by video if the video transmission uses telephone conference 

call te&nology or is used in addition to telephone conference call technology. 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

First Assistant Attorney General 

SARAH J. SHJRLEY 

Chair, Opinion Committee 

Prepared by Mary R. Crouter 

Assistant Attorney General 

p. 2710