--RR C. XARTIS 

AURTIN. =rRxAR rsr11 

October20, 1969 

Honorable F. B. Lloyd, Jr. 

District Attorney 

79th Judicial District 

P-0. Box 965 

Alice, Texas 78332 

Opinion NO. M-494. 

BE?: Construction of Art. 6252-17, 

V.C.S., as amended by S.B. 260, 

Ch. 227, Acts 61st Leg., 

requiring governmental 

agencies to give notice of 

Dear Mr. Lloyd: their meetings. 

In your request for an,opinion you state the f0110wing: 

"The Jim Wells County Judge has requested 

my opinion concerning the effect of .Senate Bill 

260, Ch. 227, 61st Legislature, requiring governmental agencies to give public notice of their 

meetings. 

"Section 3A (a) requires 'written notice of 

the date, place and subject of each meeting.' 

"The specific questions I have been requested 

to answer are as follows: 

" 1 . With ~regard ko &y meeting of the 

Commissioners' Court, either regular or 

special, is it sufficient for the notice to 

state: 'The regular monthly meeting of the 

Jim Wells County Commissioners' Court will be 

held at 10:00 a.m. on the -day of 

in the County Courtroom of the Courthouse in 

Alice, Texas, at which time the Commissioners' 

Court will consider such matters pertaining 

to the Jim Wells County business as may come 

before it.' Or.must an itemized agenda for 

each meeting be prepared and set out in the 

notice. 

-2358- 
Hon. F. B. Lloyd, Page 2 (M-494) 

"2. After the notice of a particular meeting 

has already been posted, if some matter that should 

be taken up at the meeting , comes to the attention 

of the County Judge or a County Commissioner, is 

it necessary for a new notice to be posted, or 

can the matter be considered without notice? 

“3. If some new item of business should 

come up at the meeting, even though the matter 

was not on the agenda, and not contemplated by the 

Conunissioners' Court prior to the meeting, and 

if such matter is not urgent but should be 

acted upon at that meeting in order to keep 

from having to call a special meeting, can the 

Commissioners ' Court act on such matter at mat 

time or must they delay consideration aa call a 

special meeting so that notice can be posted? 

“4. If the Commissioners' Court should fail, 

#rough oversight or for any reason, to post the 

required notice, would the action taken at such 

meeting where no notice has.been given be void, 

voidable, or valid and effective? 

"5. Who has the responsibility of post,ing the 

notices? 

‘6. What, if any- penalty would be imposed 

upon all or any persons who 

(a) fail to post the notice, or 

(b) participate in a meeting where 

no notice was posted?" 

The 1969 amendment to said Article 6252-17, in part, 

reads as follows, to-wit: 

"Sec. 3A. (a) Written notice of the date, 

place, and subject of each meeting held by a 

governmental body shall be given before the 

meeting as prescribed by this section... 

"(cl) A County governmental body shall have a notice 

posted on a bulletin board located at a place convenient to the public in the county courthouse... 

- 2359 - 
Hon. F. B. Lloyd, Page 3 

"(f) Notice of the meeting must be posted 

(M-494) 

for at least the three days preceding the day of the 

meeting. However, in case of emergency or urgent 

public necessity, which shall be expressed in the notice, 

it is sufficient that the notice is posted before 

the meeting is convened or called to order." 

1. 

Where a right is conferred or obligation imposed on the 

Commissioners' Court, it has implied authority to exercise a broad 

discretion to accomplish the purpose intended. Anderson v. w00a, 

137 Tex. 201, 152 S.W.2d 1084 (1941). The notice should 

specifically set out any special or unusual matters to be considered or any matter in which the public has a~ particular 

interest, as well as general statements concerning routine 

matters. Of course, an itemized agenda of all matters to be 

considered would be in strict compliance with the requirements of 

the statutes. 

2. 

If some matter to be considered by the Commissioners' 

Court comes to its attention after the notice has been posted, a 

supplemental notice should be posted before the meeting is convened 

or called to order, as required by Paragraph (f) of Section 3A 

i& said Article 6252-17. 

3. 

If a routine matter of.business comes up at the meeting, 

the Commissioners' Court may consider it even though it was not 

included in the notice. However, if an unusual matter or one 

in which the public has a particular interest comes up eat the 

meeting, the Commissioners' Court should delay an action thereon 

and should not consider such matter until after a proper notice 

has been posted. 

4. 

Where the Commissioners' Court has considered a 

matter without the required notice, the law presumes that 

the action was legal and that the Commissioners' Court acted 

in accordance with the law;.such presumption prevails in the 

absence of and not against proof and may be overcome by 

evidence to the contrary. Bollin v. Brazoria County, 381 S.u.2d 

206 (Tex.Civ.App., 1964, no 47 Tex.Jur.2d 153 Public 

Officers, Section 118. The statute provides that notice 

"shall be given." The use of the word "shall" is ordinarily 

mandatory. Moyer v. Kelley, 93 S.W.Zd 502 (Tex.Civ., 1936, error 

dismissed); 53 Tex.Jur.2d 30, Statutes, Section 16. 

-2360- 
Hon. F. B. Lloyd, Page 4 (M-494) 

Statutes regulating the general subject of notice should be 

strictly complied with. Realty Trust Co. v. Lindsey, 129 Tex. 

516, 105 S.W.Zd 210 (1937);. 41 Tex.Jur.2d 526, Notice, Sec. 8. 

It will be presumed that the Commissioners' Court 

acted legally, but the action of said court would be voidable upon 

proof that the required notice was not given. 

5. 

It is the duty of the Commissioners' Court to have the 

proper notice posted on the bulletin board. Sec. 3A (d) of 

Article 6252-17, Vernon's Civil Statutes. 

6. 

While Section 4 of said Article 6252-17 imposes penalties 

upon any member of the Commissioners' Court who willfully calls 

a meeting which is closed to the~public, the statute does not 

contain any provision imposing penalties for failure to post 

notices. However, Section 3 of the statute provides that any 

interested person may commence an action for the purpose of 

stopping or preventing violation or threatened violations of the 

act. 

----_-- SUMMARY 

Notice of a meeting should include any 

matter other than routine to be considered by 

the Commissioners' Court. If a matter comes up 

after notice has been posted, a supplemental 

notice concerning such matter should be placed 

on the bulletin board before the meeting of 

the Commissioners' Court is .convened. Routine 

matters may be considered by the Commissioners' 

Court without notice, but unusual matters or 

one in which the public has.a particular interest 

should not be considered by.the court until the 

required notice has been given. The act of the 

Commissioners' Court will be presumed to be 

valid but will be voidable upon proof that 

proper notice.was not given., The Commissioners' 

Court has the responsibility to have the notice 

posted, but the statute does not impose any 

penalty upon the members of the court for failing 

to post the notice or participating in a meeting 

where no notice was given. 

- 2361’- 
Hon. F. B. Lloyd, Page 5 (M-494) 

C. MARTIN 

General of Texas 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMNITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

James Cowden 

Houghton Brownlee 

Alfred Walker 

Roy W. Mouer 

MEADE F. GRIFFIN 

Staff Legal Assistant 

HAWTHORNE PHILLIPS 

Executive Assistant 

NOLA WHITE 

First Assistant 

- 2362 -