January 27, 1976 

The Honorable Bevington Reed Opinion No. H-772 

Commissioner, Coordinating Board 

Texas College and University Re: Whether certain 

System university groups are 

P. 0. Box 12788, Capitol Station required to hold open 

Austin, Texas 78711 meetings. 

The Honorable Grover E. Murray 

President 

Texas Tech University 

P. 0. Box 4349 

Lubbock, Texas 79489 

Gentlemen: 

you have asked our opinion on the applicability of the 

Texas Open Meetings Act, article 6252-17, V.T.C.S., to 

meetings of particular bodies. Dr. Reed asks if the meetings 

of the general'faculty of a state-supported college or 

university are covered by the Open Meetings Act. Dr. Murray 

asks if the meetings of the Texas Tech University Athletic 

Council are covered by the Act. 

The extent of the Open Meetings Act's coverage is 

established in the definitions of "governmental bodies" and 

"meetings." Section l(c) of the Act provides in part: 

(c)'Governmental body' means any board, 

commission, department, committee, or 

agency within the executive or legislative 

department of the state, which ,is under 

the direction of one or more elected or 

appointed members. . . . 

p. 3261 
The Honorable Bevington Reed 

The Honorable Grover E. Murray - page 2 (H-772) 

Section l(a) of the Act provides in part: 

(a) 'Meeting' means any deliberation 

between a quorum of members of a governmental body at which any public business 

or public policy over which the governmental body has supervision or control 

is discussed or considered, or at which 

any formal action is taken. 

Thus, it is apparent that before the.Act is applicable to a 

meeting of a statewide public body, five prerequisites must 

be met. These are: 

(1) The body must be an entity within 

the executive or legislative department 

of the state: 

(2) The entity must be under the control 

of one or more elected or appointed 

members; 

(3) The meeting must involve formal 

action or deliberation between a quorum 

of members. Corn are Attorney General 

Opinions I-l-2.64)~ and H-3 (1973) 

holding that meetings of committees 

consisting of less than a quorum of the 

parent body must be open; 

(4) The discussion or action must 

involve public business or public policy; 

and 

(5) The entity must have supervision or 

control over that public business or 

policy. 

We believe it is clear that the first, third and fourth 

of these tests are satisfied in each of the cases about 

which you inquire. It is necessary, however, to determine 

(1) whether these two bodies are under the direction of one 

or more elected or appointed members and (2) whether they 

discuss business or policy over which they have supervision 

or control. 

p. 3262 
The Honorable Bevington Reed 

The Honorable Grover E. Murray - page 3 (H-772) 

We believe the Legislature's use of the word "appointed" _ _. _ in this context was designed to signify something more than 

normal employment. We are supported in this belief by the 

proceedings on the floor of the House of Representatives on 

January 29, 1973, when the bill providing for substantial 

changes in the law was being debated. Acts 1973, 63rd Leg., 

ch. 31, p. 45. The author of the bill explained that the 

word "member" in section l(c) was not intended to include 

staff. A colloquy between Representative Poff and the 

author of the bill, Representative Parker, used the Insurance Commission as an example and indicated: 

Poff: Mr. Parker, in. your definition ne word member aren't you 

excluding staff? Now that was the way I 

understood it. When you talk about a 

quorum of members, you don't mean to 

cover staff do you? 

Parker:. No. 

Poff: All right, 

undaood it. 

that was the way 

I So by 'member' you 

mean the actual ~Insurance Commissioners. 

Now if they all get together with,some 

s,taff~you've got a quorum of members 

plus its, staff. But as long as its just 

employees you're not going tom make it an 

open meeting,~ right? 

Parker: Mr. Poff, your astuteness 

sometZii&YZazes me. 

Accordingly, we believe that where the general faculty 

of an institution is solely a group of employees, as would 

normally be the case, its meetings are not covered by the 

Open Meetings,Act. 

p. 3263 
The Honorable Bevington Reed 

The Honorable Grover E. Murray - page 4 (H-772) 

With regard to the Athletic Council at Texas Tech 

University, Dr. Murray informs us that the Council consists 

of nine members appointed by the President, who is the chief 

executive officer of the University. Texas Education Code 

s 109.23. We have previously held that the University of 

Texas Athletics Council includes appointed members. Attorney 

General Opinion H-438 (1974). That Council included five 

members appointed by the President of the University and two 

members appointed by the Board of Regents. Furthermore, the 

State Textbook Committee has been found to be composed of 

appointed members. Attorney General Opinion M-136 (1967). 

That Committee wascomposed of persons nominated by the 

Commissioner of Education and approved by the,State Board of 

Education. Acts 1949, 51st Leg., ch. 299, p. 537 at 542. 

Accordingly, it is our opinion that the Athletic Council at 

Texas Tech University is composed of one or more appointed 

members. 

The remaining question is whether the Athletic Council 

has supervision or control over public business or policy. 

The Texas Tech University Board of Regents has adopted 

a resolution which provides: 

Resolved that the Board of Regents of 

Texas Tech University does hereby declare 

that it'shall continue to exercise its 

exclusive statutory authority to govern, 

control and direct the policies for the 

Department of Athletics and all other 

intercollegiate athletic programs of the 

University, within the regulations of 

the NCAA and Southwest Conference as 

accepted by the Board; 

And it is further Resolved and declared 

by this Board, that it shall continue to 

exercise its exclusive and final authority 

to supervise and control all matters 

concerning the public business and 

internal affairs of the Department of 

Athletics and all other intercollegiate 

athletic programs of the University; 

p. 3264 
The Honorable Bevington Reed 

The Honorable Grover E. Murray - page 5 (H-772) 

And it is further Resolved that the 

Athletic Council of the University may 

review and make recommendations to the 

Office of the President of the University on any matters pertaining to the 

enforcement of eligibility rules and 

regulations established by any athletic 

conference or national association in 

which the University holds membership. 

Also, the Athletic Council may review, 

offer suggestions and make recommendations 

on any pertinent.matters related to the 

Universityls intercollegiate athletic 

program, however, such recommendations 

and suggestions shall be made to and 

channeled through the Office of the 

Presidentof the University, and it is 

further specifically provided that the 

Athletic Council shall not have final 

.authority ,to direct; control or supervise:the operation or activities of the 

Department of Athletics or intercollegiate 

athletic programs of the University. 

Furthermore, Dr. Murray advises us that: 

The Athletic Council,at this University 

has no authority to hire or fire the 

Athletic Director, coaches or staff 

personnel. Personnel contracts are made 

by and between the individual and the 

University. The Athletic Council has no 

power or authority, delegated or otherwise, to contract with any person, group 

or corporation concerning athletics., 

The Council has no authority to direct, 

control or supervise athletics or anything 

else on this campus either by statute or 

Board authority. The Athletic Council's 

advice and recommendations are not a 

prerequisite to action by either the 

Board or the Administration on a matter 

concerning athletics at this University. 

p. 3265 
The Honorable Bevington Reed 

The Honorable Grover E. Murray - page 6 (H-772) 

Thus, both the structure of the Council and the resolution 

granting it power indicate that the Texas Tech Athletic 

Council is an advisory body and has no power, actual or 

implied, to supervise or control public business. Compare 

Attorney General Opinion H-438 (1974), where the structure 

of a similar body and all briefs submitted to the Attorney 

General on behalf of that body indicated that it exercised 

supervisory authority over public business or policy. We 

cannot resolve disputed questions of fact, and we necessarily have relied on the facts presented by the University. 

According to those facts, the "meetings" of the Texas Tech 

Athletic Council do not~meet the definition of that term set 

out in the Open Meetings Act,. and its proceedings would not 

be required to be held in conformity with the dictates of 

that Act. 

However, we strongly caution that should the Council 

actually function as something more than a merely advisory 

body with the result that it in fact supervises or controls 

public business or policy, it would have to comply with the 

mandate of the Open Meetings Act regarding public notice and 

open meetings, and in that instance, its,members may be 

subject to sanctions imposed for failure to comply with the 

Act. Open Meetings Act, V.T.C.S. art. 6252-17, S 4; Attorney 

General Opinion H-467 (197.4). 

SUMMARY 

A meeting of a group of employees 

such as the general faculty of a state 

college or university is not covered by 

the Open Meeting~s Act. 

Under the facts presented here, the 

Texas Tech Athletic Council is not required to conduct its meetings under the 

dictates of the Open Meetings Act so long 

as it has no supervision or control, 

actual or implied, over public business 

p. 3266 
The Honorable Bevington Reed 

The Honorable Grover E. Murray - page 7 (H-772) 

or policy. If it in actuality supervises 

or controls public business or policy, it 

must comply with the mandate of the Act 

and in that instance its members may be 

subject to the sanctions of the Act for 

any failure to comply. 

APPROVED: 

Opinion Committee 

jwb 

Texas 

p. 3267