reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.075. Conference Relating to Investments and Potential Investments Attended by Board of Trustees of Texas Growth Fund; Closed Meeting

Sec. 551.075.  CONFERENCE RELATING TO INVESTMENTS AND POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH FUND;  CLOSED MEETING.  (a)  This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to:
(1)  receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in:
(A)  a private business entity, if disclosure of the information would give advantage to a competitor;  or
(B)  a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), and its subsequent amendments, and if disclosure of the information would give advantage to a competitor;  or
(2)  question the employees of the Texas growth fund or the third party regarding an investment or potential investment described by Subdivision (1), if disclosure of the information contained in the questions or answers would give advantage to a competitor.
(b)  During a conference under Subsection (a), members of the board of trustees of the Texas growth fund may not deliberate public business or agency policy that affects public business.
(c)  In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 647, Sec. 2, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.076. Deliberation Regarding Security Devices or Security Audits; Closed Meeting

Sec. 551.076.  DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING.  This chapter does not require a governmental body to conduct an open meeting to deliberate:
(1)  the deployment, or specific occasions for implementation, of security personnel or devices; or
(2)  a security audit.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.07, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.077. Agency Financed by Federal Government

Sec. 551.077.  AGENCY FINANCED BY FEDERAL GOVERNMENT.  This chapter does not require an agency financed entirely by federal money to conduct an open meeting.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.078. Medical Board or Medical Committee

Sec. 551.078.  MEDICAL BOARD OR MEDICAL COMMITTEE.  This chapter does not require a medical board or medical committee to conduct an open meeting to deliberate the medical or psychiatric records of an individual applicant for a disability benefit from a public retirement system.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.0785. Deliberations Involving Medical or Psychiatric Records of Individuals

Sec. 551.0785.  DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC RECORDS OF INDIVIDUALS.  This chapter does not require a benefits appeals committee for a public self-funded health plan or a governmental body that administers a public insurance, health, or retirement plan to conduct an open meeting to deliberate:
(1)  the medical records or psychiatric records of an individual applicant for a benefit from the plan;  or
(2)  a matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan.
Added by Acts 2003, 78th Leg., ch. 158, Sec. 1, eff. May 27, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.079. Texas Department of Insurance

Sec. 551.079.  TEXAS DEPARTMENT OF INSURANCE.  (a)  The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code, in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance.
(b)  The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories:
(1)  staff of the Texas Department of Insurance;
(2)  a regulated person;
(3)  representatives of a regulated person; or
(4)  members of the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 628, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.120, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.080. Board of Pardons and Paroles

Sec. 551.080.  BOARD OF PARDONS AND PAROLES.  This chapter does not require the Board of Pardons and Paroles to conduct an open meeting to interview or counsel an inmate of the Texas Department of Criminal Justice.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.071, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.081. Credit Union Commission

Sec. 551.081.  CREDIT UNION COMMISSION.  This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.0811. The Finance Commission of Texas

Sec. 551.0811.  THE FINANCE COMMISSION OF TEXAS.  This chapter does not require The Finance Commission of Texas to conduct an open meeting to deliberate a matter made confidential by law.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.01(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.082. School Children; School District Employees; Disciplinary Matter or Complaint

Sec. 551.082.  SCHOOL CHILDREN;  SCHOOL DISTRICT EMPLOYEES;  DISCIPLINARY MATTER OR COMPLAINT.  (a)  This chapter does not require a school board to conduct an open meeting to deliberate in a case:
(1)  involving discipline of a public school child;  or
(2)  in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing.
(b)  Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.0821. School Board: Personally Identifiable Information About Public School Student

Sec. 551.0821.  SCHOOL BOARD:  PERSONALLY IDENTIFIABLE INFORMATION ABOUT PUBLIC SCHOOL STUDENT.  (a)  This chapter does not require a school board to conduct an open meeting to deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation.
(b)  Directory information about a public school student is considered to be personally identifiable information about the student for purposes of Subsection (a) only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the school board, the school district, or a school in the school district that the directory information should not be released without prior consent.  In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended.
(c)  Subsection (a) does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age.
Added by Acts 2003, 78th Leg., ch. 190, Sec. 1, eff. June 2, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.083. Certain School Boards; Closed Meeting Regarding Consultation With Representative of Employee Group

Sec. 551.083.  CERTAIN SCHOOL BOARDS;  CLOSED MEETING REGARDING CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE GROUP.  This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code, to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with a representative of an employee group.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.084. Investigation; Exclusion of Witness From Hearing

Sec. 551.084.  INVESTIGATION;  EXCLUSION OF WITNESS FROM HEARING.  A governmental body that is investigating a matter may exclude a witness from a hearing during the examination of another witness in the investigation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.085. Governing Board of Certain Providers of Health Care Services

Sec. 551.085.  GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH CARE SERVICES.  (a)  This chapter does not require the governing board of a municipal hospital, municipal hospital authority, county hospital, county hospital authority, hospital district created under general or special law, or nonprofit health maintenance organization created under Section 534.101, Health and Safety Code, to conduct an open meeting to deliberate:
(1)  pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or
(2)  information relating to a proposed new service or product line of the hospital, hospital district, or nonprofit health maintenance organization before publicly announcing the service or product line.
(b)  The governing board of a health maintenance organization created under Section 281.0515, Health and Safety Code, that is subject to this chapter is not required to conduct an open meeting to deliberate information described by Subsection (a).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 778, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1229, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 7, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 342 (H.B. 2978), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.086. Certain Public Power Utilities: Competitive Matters

Sec. 551.086.  CERTAIN PUBLIC POWER UTILITIES:  COMPETITIVE MATTERS.  (a)  Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility.
(b)  In this section:
(1)  "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter.
(2)  "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility.
(3)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 925, Sec. 3, eff. June 17, 2011.
(c)  This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133.  This section does not limit the right of a public power utility governing body to hold a closed session under any other exception provided for in this chapter.
(d)  For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed.
(e)  With respect to municipally owned utilities subject to this section, this section shall apply whether or not the municipally owned utility has adopted customer choice or serves in a multiply certificated service area under the Utilities Code.
(f)  Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 45, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 925 (S.B. 1613), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 925 (S.B. 1613), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.087. Deliberation Regarding Economic Development Negotiations; Closed Meeting

Sec. 551.087.  DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;  CLOSED MEETING.  This chapter does not require a governmental body to conduct an open meeting:
(1)  to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations;  or
(2)  to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1).
Added by Acts 1999, 76th Leg., ch. 1319, Sec. 32, eff. Sept. 1, 1999.  Renumbered from Sec. 551.086 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(49), eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.088. Deliberation Regarding Test Item

Sec. 551.088.  DELIBERATION REGARDING TEST ITEM.  This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity.
Added by Acts 1999, 76th Leg., ch. 312, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 551.086 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(50), eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.089. Deliberation Regarding Security Devices or Security Audits; Closed Meeting

Sec. 551.089.  DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING.  This chapter does not require a governmental body to conduct an open meeting to deliberate:
(1)  security assessments or deployments relating to information resources technology;
(2)  network security information as described by Section 2059.055(b); or
(3)  the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices.
Added by Acts 2009, 81st Leg., R.S., Ch. 183 (H.B. 1830), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 560 (S.B. 564), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 683 (H.B. 8), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.090. Enforcement Committee Appointed by Texas State Board of Public Accountancy

Sec. 551.090.  ENFORCEMENT COMMITTEE APPOINTED BY TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.  This chapter does not require an enforcement committee appointed by the Texas State Board of Public Accountancy to conduct an open meeting to investigate and deliberate a disciplinary action under Subchapter K, Chapter 901, Occupations Code, relating to the enforcement of Chapter 901 or the rules of the Texas State Board of Public Accountancy.
Added by Acts 2013, 83rd Leg., R.S., Ch. 36 (S.B. 228), Sec. 3, eff. September 1, 2013.
For expiration of this section, see Subsection (e).
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter D. Exceptions to Requirement That Meetings Be Open › Section 551.091. Commissioners Courts: Deliberation Regarding Disaster or Emergency

Sec. 551.091.  COMMISSIONERS COURTS:  DELIBERATION REGARDING DISASTER OR EMERGENCY.  (a)  This section applies only to the commissioners court of a county:
(1)  for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency; and
(2)  in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency.
(b)  Notwithstanding any other provision of this chapter and subject to Subsection (c), a commissioners court to which this section applies may hold an open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of this chapter, including the requirement to provide notice before the meeting or to first convene in an open meeting.
(c)  To the extent practicable under the circumstances, the commissioners court shall provide reasonable public notice of a meeting under this section and if the meeting is an open meeting allow members of the public and the press to observe the meeting.
(d)  The commissioners court:
(1)  may not vote or take final action on a matter during a meeting under this section; and
(2)  shall prepare and keep minutes or a recording of a meeting under this section and make the minutes or recording available to the public as soon as practicable.
(e)  This section expires September 1, 2027.
Added by Acts 2021, 87th Leg., R.S., Ch. 104 (S.B. 1343), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter E. Procedures Relating to Closed Meeting › Section 551.101. Requirement to First Convene in Open Meeting

Sec. 551.101.  REQUIREMENT TO FIRST CONVENE IN OPEN MEETING.  If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly:
(1)  announces that a closed meeting will be held;  and
(2)  identifies the section or sections of this chapter under which the closed meeting is held.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter E. Procedures Relating to Closed Meeting › Section 551.102. Requirement to Vote or Take Final Action in Open Meeting

Sec. 551.102.  REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN OPEN MEETING.  A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter E. Procedures Relating to Closed Meeting › Section 551.103. Certified Agenda or Recording Required

Sec. 551.103.  CERTIFIED AGENDA OR RECORDING REQUIRED.  (a)  A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071.
(b)  The presiding officer shall certify that an agenda kept under Subsection (a) is a true and correct record of the proceedings.
(c)  The certified agenda must include:
(1)  a statement of the subject matter of each deliberation;
(2)  a record of any further action taken;  and
(3)  an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time.
(d)  A recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 8, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 9, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter E. Procedures Relating to Closed Meeting › Section 551.104. Certified Agenda or Recording; Preservation; Disclosure

Sec. 551.104.  CERTIFIED AGENDA OR RECORDING; PRESERVATION; DISCLOSURE.  (a)  A governmental body shall preserve the certified agenda or recording of a closed meeting for at least two years after the date of the meeting.  If an action involving the meeting is brought within that period, the governmental body shall preserve the certified agenda or recording while the action is pending.
(b)  In litigation in a district court involving an alleged violation of this chapter, the court:
(1)  is entitled to make an in camera inspection of the certified agenda or recording;
(2)  may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and
(3)  may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or recording of any part of a meeting that was required to be open under this chapter.
(c)  The certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 10, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.122. Governing Board of Junior College District: Quorum Present at One Location

Sec. 551.122.  GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: QUORUM PRESENT AT ONE LOCATION.  (a)  This chapter does not prohibit the governing board of a junior college district from holding an open or closed meeting by telephone conference call.
(b)  A meeting held by telephone conference call authorized by this section may be held only if a quorum of the governing board is physically present at the location where meetings of the board are usually held.
(c)  The telephone conference call meeting is subject to the notice requirements applicable to other meetings.
(d)  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 where the quorum is present and shall be recorded.  The recording shall be made available to the public.
(e)  The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated before the party speaks.
(f)  The authority provided by this section is in addition to the authority provided by Section 551.121.
(g)  A member of a governing board of a junior college district who participates in a board meeting by telephone conference call but is not physically present at the location of the meeting is considered to be absent from the meeting for purposes of Section 130.0845, Education Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 778 (H.B. 3827), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 12, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.123. Texas Board of Criminal Justice

Sec. 551.123.  TEXAS BOARD OF CRIMINAL JUSTICE.  (a)  The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call.
(b)  The portion of the telephone conference call meeting that is open shall be recorded.  The recording shall be made available to be heard by the public at one or more places designated by the board.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.124. Board of Pardons and Paroles

Sec. 551.124.  BOARD OF PARDONS AND PAROLES.  At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.16, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.125. Other Governmental Body

Sec. 551.125.  OTHER GOVERNMENTAL BODY.  (a)  Except as otherwise provided by this subchapter, this chapter does not prohibit a governmental body from holding an open or closed meeting by telephone conference call.
(b)  A meeting held by telephone conference call may be held only if:
(1)  an emergency or public necessity exists within the meaning of Section 551.045 of this chapter;  and
(2)  the convening at one location of a quorum of the governmental body is difficult or impossible;  or
(3)  the meeting is held by an advisory board.
(c)  The telephone conference call meeting is subject to the notice requirements applicable to other meetings.
(d)  The notice of the telephone conference call meeting must specify as the location of the meeting the location where meetings of the governmental body are usually held.
(e)  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 the meeting as the location of the meeting and shall be recorded.  The recording shall be made available to the public.
(f)  The location designated in the notice as the location of the meeting shall provide two-way communication during the entire telephone conference call meeting and the identification of each party to the telephone conference shall be clearly stated prior to speaking.
Added by Acts 1995, 74th Leg., ch. 1046, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 13, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.126. Higher Education Coordinating Board

Sec. 551.126.  HIGHER EDUCATION COORDINATING BOARD.  (a)  In this section, "board" means the Texas Higher Education Coordinating Board.
(b)  The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate.
(c)  A meeting held by telephone conference call must comply with the procedures described in Section 551.125.
(d)  A meeting held by video conference call is subject to the notice requirements applicable to other meetings.  In addition, a meeting held by video conference call shall:
(1)  be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting;
(2)  be recorded by audio and video;  and
(3)  have two-way audio and video communications with each participant in the meeting during the entire meeting.
Added by Acts 1997, 75th Leg., ch. 944, Sec. 1, eff. June 18, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.1281. Governing Board of General Academic Teaching Institution or University System: Internet Posting of Meeting Materials and Broadcast of Open Meeting

Sec. 551.1281.  GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code.
(b)  The governing board of a general academic teaching institution or of a university system that includes one or more component general academic teaching institutions, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall:
(1)  post as early as practicable in advance of the meeting on the Internet website of the institution or university system, as applicable, any written agenda and related supplemental written materials provided to the governing board members in advance of the meeting by the institution or system for the members' use during the meeting;
(2)  broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and
(3)  record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website.
(c)  Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the institution or university system certifies are confidential or may be withheld from public disclosure under Chapter 552.
(d)  The governing board of a general academic teaching institution or of a university system is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control.
Added by Acts 2013, 83rd Leg., R.S., Ch. 842 (H.B. 31), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.1282. Governing Board of Junior College District: Internet Posting of Meeting Materials and Broadcast of Open Meeting

Sec. 551.1282.  GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT:  INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. (a) This section applies only to the governing board of a junior college district with a total student enrollment of more than 20,000 in any semester of the preceding academic year.
(b)  A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall:
(1)  post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting;
(2)  broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and
(3)  record the broadcast and make that recording publicly available in an online archive located on the district's Internet website.
(c)  Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552.
(d)  The governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control.
Added by Acts 2013, 83rd Leg., R.S., Ch. 690 (H.B. 2668), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.1283. Governing Body of Certain Water Districts: Internet Posting of Meeting Materials; Recording of Certain Hearings

Sec. 551.1283.  GOVERNING BODY OF CERTAIN WATER DISTRICTS:  INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN HEARINGS.  (a)  This section only applies to a special purpose district subject to Chapter 51, 53, 54, or 55, Water Code, that has a population of 500 or more.
(b)  On written request of a district resident made to the district not later than the third day before a public hearing to consider the adoption of an ad valorem tax rate, the district shall make an audio recording of reasonable quality of the hearing and provide the recording to the resident in an electronic format not later than the fifth business day after the date of the hearing.  The district shall maintain a copy of the recording for at least one year after the date of the hearing.
(c)  A district shall post the minutes of the meeting of the governing body to the district's Internet website if the district maintains an Internet website.
(d)  A district that maintains an Internet website shall post on that website links to any other Internet website or websites the district uses to comply with Section 2051.202 of this code and Section 26.18, Tax Code.
(e)  Nothing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call.
Added by Acts 2019, 86th Leg., R.S., Ch. 105 (S.B. 239), Sec. 2, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 647 (H.B. 1154), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.129. Consultations Between Governmental Body and Its Attorney

Sec. 551.129.  CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY.  (a)  A governmental body may use a telephone conference call, video conference call, or communications over the Internet to conduct a public consultation with its attorney in an open meeting of the governmental body or a private consultation with its attorney in a closed meeting of the governmental body.
(b)  Each part of a public consultation by a governmental body with its attorney in an open meeting of the governmental body under Subsection (a) must be audible to the public at the location specified in the notice of the meeting as the location of the meeting.
(c)  Subsection (a) does not:
(1)  authorize the members of a governmental body to conduct a meeting of the governmental body by telephone conference call, video conference call, or communications over the Internet;  or
(2)  create an exception to the application of this subchapter.
(d)  Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body.
(e)  For purposes of Subsection (d), an attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body.
(f)  Subsection (d) does not apply to:
(1)  the governing board of an institution of higher education as defined by Section 61.003, Education Code; or
(2)  the Texas Higher Education Coordinating Board.
Added by Acts 2001, 77th Leg., ch. 50, Sec. 1, eff. May 7, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 538 (S.B. 1046), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter F. Meetings Using Telephone, Videoconference, or Internet › Section 551.131. Water Districts

Sec. 551.131.  WATER DISTRICTS.  (a)  In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
(b)  This section applies only to a water district whose territory includes land in three or more counties.
(c)  A meeting held by telephone conference call or video conference call authorized by this section may be held only if:
(1)  the meeting is a special called meeting and immediate action is required; and
(2)  the convening at one location of a quorum of the governing body of the applicable water district is difficult or impossible.
(d)  A meeting held by telephone conference call must otherwise comply with the procedures under Sections 551.125(c), (d), (e), and (f).
(e)  A meeting held by video conference call is subject to the notice requirements applicable to other meetings.  In addition, a meeting held by video conference call shall:
(1)  be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting;
(2)  be recorded by audio and video; and
(3)  have two-way audio and video communications with each participant in the meeting during the entire meeting.
Added by Acts 2013, 83rd Leg., R.S., Ch. 20 (S.B. 293), Sec. 1, eff. May 10, 2013.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter G. Enforcement and Remedies; Criminal Violations › Section 551.141. Action Voidable

Sec. 551.141.  ACTION VOIDABLE.  An action taken by a governmental body in violation of this chapter is voidable.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter G. Enforcement and Remedies; Criminal Violations › Section 551.142. Mandamus; Injunction

Sec. 551.142.  MANDAMUS;  INJUNCTION.  (a)  An interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by members of a governmental body.
(b)  The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (a).  In exercising its discretion, the court shall consider whether the action was brought in good faith and whether the conduct of the governmental body had a reasonable basis in law.
(c)  The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Section 551.045(a-1) by members of a governmental body.
(d)  A suit filed by the attorney general under Subsection (c) must be filed in a district court of Travis County.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 462 (S.B. 494), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter G. Enforcement and Remedies; Criminal Violations › Section 551.143. Prohibited Series of Communications; Offense; Penalty

Sec. 551.143.  PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY.  (a)  A member of a governmental body commits an offense if the member:
(1)  knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and
(2)  knew at the time the member engaged in the communication that the series of communications:
(A)  involved or would involve a quorum; and
(B)  would constitute a deliberation once a quorum of members engaged in the series of communications.
(b)  An offense under Subsection (a) is a misdemeanor punishable by:
(1)  a fine of not less than $100 or more than $500;
(2)  confinement in the county jail for not less than one month or more than six months;  or
(3)  both the fine and confinement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 645 (S.B. 1640), Sec. 2, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 645 (S.B. 1640), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter G. Enforcement and Remedies; Criminal Violations › Section 551.144. Closed Meeting; Offense; Penalty

Sec. 551.144.  CLOSED MEETING;  OFFENSE;  PENALTY.  (a)  A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly:
(1)  calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting;
(2)  closes or aids in closing the meeting to the public, if it is a regular meeting;  or
(3)  participates in the closed meeting, whether it is a regular, special, or called meeting.
(b)  An offense under Subsection (a) is a misdemeanor punishable by:
(1)  a fine of not less than $100 or more than $500;
(2)  confinement in the county jail for not less than one month or more than six months;  or
(3)  both the fine and confinement.
(c)  It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 647, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 551 - Open Meetings › Subchapter G. Enforcement and Remedies; Criminal Violations › Section 551.145. Closed Meeting Without Certified Agenda or Recording; Offense; Penalty

Sec. 551.145.  CLOSED MEETING WITHOUT CERTIFIED AGENDA OR RECORDING; OFFENSE; PENALTY.  (a)  A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made.
(b)  An offense under Subsection (a) is a Class C misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 15, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 16, eff. May 18, 2013.