MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin. TX. 76711 

5121475-2501 

Telex 9101674-1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas. TX. 75201 

21417428944 

4624 Alberta Ave.. Suite 160 

El Paso, TX. 79905 

9151533-3464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002 

713/650-0666 

606 Broadway, Suite 312 

Lubbock, TX. 79401 

6061747-5236 

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McAllen, TX. 76501 

5121062-4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 76205 

5121225.4191 

An Equal Opportunity/ 

Affirmative Action Employer 

The Attorney General of Texas 

December 22, 1981 

Honorable Jim Mapel 

Criminal District Attorney 

Brazoria County Courthouse 

Angleton, Texas 77515 

Opinion No. m-417 

Re: Application of open 

Meetings Law to joint executive session of two political 

subdivisions 

Dear Mr. Mapel: 

You have requested our opinion regarding the applicability of the 

Open Meetings Act, article 6252-17, V.T.C.S., to a joint executive 

session of two political subdivisions. You state that in May and June 

1981, the governing bodies of the Brazes River Harbor Navigation 

District and the city of Quintana met jointly to discuss the formation 

of an industrial district, and, in connection therewith, the 

annexation and deannexation of certain land. The respective bodies 

each posted notice of their individual meetings and then retired to a 

joint executive session. A quorum of each body was present at the 

joint meeting. You ask: 

1. Can the governing bodies of two political 

subdivisions discuss the formation of an 

industrial district which would involve the 

deannexation of lands owned by one of the 

subdivisions in a joint executive session? 

2. Can the governing bodies of two political 

subdivisions discuss the annexation by one 

subdivision of land owned by or under the control 

of the other? 

3. Does the annexation or deannexation of 

land amount to a 'land acquisition' and therefore 

qualify as an exemption under the Tqxas Open 

Meetings Law? 

From the facts you have described, it would appear that the Open 

Meetings Act was applicable to the joint meetings, since a quorum of 

each body was present. See Attorney General Opinion MW-28 (1979). 

Section 2(a) of the statute makes every "regular, special, or called 

meeting or session" open to the public "except as otherwise provided 

p. 1422 
Honorable Jim Mapel - Page 2 (MW-417) 

in this Act or specifically permitted in the Constitution." The only 

exception listed in section 2 which might be applicable to the 

situation you have described is section 2(f), which provides: 

The public may be excluded from that portion of a 

meeting during which a discussion is had with 

respect to the purchase, exchange, lease, or value 

of real property, negotiated contracts for 

prospective gifts or donations to the state or the 

governmental body, when such discussion would have 

a detrimental effect on the negotiating position 

of the governmental body as between such body and 

a third person, firm or corporation. 

It does not appear that a discussion of the formation of an 

industrial district or the annexation or deannexation of land could 

reasonably be construed to constitute a discussion of "the purchase, 

exchange, lease, or value of real property." We need not decide this 

issue, however, because you have not indicated how public discussion 

of the described matters would have a detrimental effect on either 

governmental body's negotiating position with respect to a third 

party. As a result, the Brazes River Harbor Navigation District and 

the city of Quintana were not authorized to meet jointly in executive 

session, under the circumstances you have indicated, on the basis of 

section 2(f). 

A brief from the city of Quintana suggests that the litigation 

exception authorized the district and town to meet in executive 

session, since the discussions were intended to avoid litigation 

between them. Section 2(e) of article 6252-17, V.T.C.S., provides as 

follo"s: 

consultations 

gover~~~ntalPr~~ad:e and 

between a 

its attorney are not 

permitted except in those instances in which the 

body seeks the attorney's advice with respect to 

pending or contemplated litigation, settlement 

offers, and matters where the duty of a public 

body's counsel to his client, pursuant to the Code 

of Professional Responsibility of the State Bar of 

Texas, clearly conflicts with this Act. 

This provision gives public bodies, a right to privileged communication 

on litigation with their counsel and it also recognizes that the Code 

of Professional Responsibility would under some circumstances prohibit 

an attorney from consulting publicly with his client. Attorney 

General Opinion M-1261 (1972). - see Code of Professional 

Responsibility, Canon 4. 

In the present case, the two political subdivisions contemplated 

suing one another. Neither party consulted privately with its 

attorney but did so in the presence of its potential adversary, the 

p. 1423 
Honorable Jim Mapel - Page 3 &W-417) 

party from whom it would normally conceal 

We do not believe section 2(e) applies to 

. . . 

its intentions and strategy. 

this discussion. It may not 

be invoked on these facts to exclude the public from the discussion. 

SUMMARY 

The Brasos River Harbor Navigation District 

and the city of Quintana were not authorized to 

meet jointly in executive session, under the 

circumstances described, on the basis of section 

2(e), 2(f) t or any other exception to the Open 

Meetings Act, article 6252-17, V.T.C.S., for the 

purpose of discussing the formation of an 

industrial district, and, in connection therewith, 

the annexation and deannexation of certain land. 

w+?xg 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

Bruce Youngblood 

p. 1424