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Public Meetings

Summaries

KP-0006
Ken Paxton

Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners|Housing authority, municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners|Housing Authorities - Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners

KP-0016
Ken Paxton

Attorney's fees of county commissioners investigated for violation of the Texas Open Meetings Act

KP-0020
Ken Paxton

Open Meetings Act - Court unlikely to conclude that a governmental body is prohibited from holding meetings at a location that requires the presentation of photo identification for admittance

KP-0029
Ken Paxton

The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District.|Whether a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is a "governmental body" subject to the Public Information Act requires the resolution of certain fact issues and is thus beyond the purview of an attorney general opinion.|To the extent a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is not delegated any governmental authority, it is likely not a "governmental body" for purposes of the Open Meetings Act and thus is not subject to its provisions.|To the extent a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is not delegated any governmental authority, it is likely not a "governmental body" for purposes of the Open Meetings Act and thus is not subject to its provisions|The Tarrant County Hospital District is authorized to create and fund a physician group under subsection 281.0565(b) of the Health and Safety Code if it reasonably determines in good faith that the expenditure will serve a public purpose and it put sufficient controls in place to ensure that the public purpose is carried out and that the District receives a return benefit.|The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District

KP-0038
Ken Paxton

A court would likely conclude that a group of district and county judges meeting to appoint a community supervision and corrections department director pursuant to Government Code chapter 76 is not a "governmental body" under the Open Meetings Act because the statutory curtailment of the group's previous managerial role with respect to departments. Consequently, notice of the group's meetings is not required by the Open Meetings Act to be posted.|A group of district judges meeting to appoint the county auditor pursuant to Local Government Code section 84.003 is not a governmental body under the Open Meetings Act. Consequently, notice of the group's meetings is not required by the Act to be posted.

KP-0061
Ken Paxton

Under Local Government Code subsection 22.077(a), a Type A general-law municipality may remove a municipal officer for incompetency, corruption, misconduct, or malfeasance at a regular meeting by a majority vote of those present and voting|Under Local Government Code subsection 22.077(b), a Type A general-law municipality may remove a municipal officer for a lack of confidence if two-thirds of the elected aldermen vote in favor of a resolution declaring the lack of confidence|For purposes of Local Government Code section 22.039, a "called meeting" of a Type A general-law municipality is a meeting called and held at a time or place other than the regular meeting time and place adopted pursuant to subsection 22.038(a)|An emergency meeting of a Type A general-law municipality will be considered a called meeting for purposes of Local Government Code section 22.039 if it is held at a time or place other than the regular meeting time and place established by a resolution adopted pursuant to section 22.038

KP-0098
Ken Paxton

Subsection 46.035(c), Penal Code, a governmental body may exclude the carrying of handguns from the specific room or rooms where an open meeting of a governmental entity is held under

KP-0167
Ken Paxton

Although unnecessary within context of Government Code section 411.2031(d-1), a junior college district board of trustee rule authorizing concealed handguns in its open meetings would primarily serve as means of affirming or publicizing license holder's right to carry the concealed handgun into the open meeting held on the institution's campus.|License holder who carries a concealed handgun into an open meeting of a junior college district board of trustees in which no Penal Code section 30.06 trespass notice was posted would have a defense to the prosecution of Penal Code subsection 46.035(c)

KP-0205
Ken Paxton

Single commission member lacks authority to terminate or hire executive director without deliberation and decision from entire commission at properly called meeting|Constructive discharge|Termination|Whether note passed from one commission member to another violates the Open Meetings Act is a fact question that cannot be answered in an attorney general opinion

GA-0019
Greg Abbott

Information considered to be confidential by statutory law, information in possession of Interagency Council on Pharmaceuticals Bulk Purchasing is excepted from disclosure under Public Information Act as|Interagency Council on Pharmaceuticals Bulk Purchasing is a governmental body that has supervision or control over public business and is thus subject to Open Meetings Act|Executive session, Interagency Council on Pharmaceuticals Bulk Purchasing is not authorized to meet in executive session to discuss drug pricing made confidential by statute|Specific pharmaceutical, neither Texas Department of Health nor Council may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Department nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesaler for a|Specific pharmaceutical, neither Texas Department of Health nor Interagency Council on Pharmaceuticals Bulk Purchasing may disclose information that identifies a specific manufacturer or wholesaler or prices charged by a specific manufacturer or wholesal

GA-0098
Greg Abbott

Informational meeting consisting only of invitees, Sulphur Basin River Authority may hold where quorum of Authority board is present

GA-0152
Greg Abbott

Open meeting notices, county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to receive and post|Open meetings notices, county clerk may not charge a fee to governmental bodies to retain|Open meetings notices, county clerk is authorized to charge a reasonable fee a water district or other district or political subdivision to receive and post|Open meetings notices, county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to receive and post

GA-0175
Greg Abbott

Where city charter defines quorum as five members, removal from office of members does not reduce number required for quorum|Recall election, city council members removed from office in recall election do not hold over until their successors are qualified

GA-0206
Greg Abbott

Bryan Business Council is not subject to Open Meetings Act

GA-0232
Greg Abbott

Student fee advisory committee established under section 54.5031 of the Education Code is not subject to requirements of Open Meetings Act

GA-0277
Greg Abbott

Tape of executive session, commissioners court is proper custodian of|Executive session, release to county clerk of tape of, would not make tape public|Executive session, commissioners court has discretion as to whether to admit county clerk to its|Executive sessions, commissioners court has discretion as to whether to admit county clerk to its

GA-0280
Greg Abbott

Nonprofit corporation status, Border Health Institute need not obtain as it has statutory authority to solicit funding from public and private sources|State procurement and contracting rules, Border Health Institute need not comply with|Border Health Institute must comply with the Act|Border Health Institute is subject to the Act|Border Health Institute receives funds appropriated by legislature, but is not considered a state agency within executive branch of state government or a local political subdivision|Sovereign immunity, Border Health Institute may or may not be entitled to

GA-0326
Greg Abbott

Open Meetings Act, members of a governmental body who knowingly conspire to gather in numbers that do not physically constitute a quorum at any one time but who, through successive gatherings, secretly discuss a public matter with a quorum of that body vi|Open Meetings Act, section 551.143 is not on its face void for vagueness

GA-0334
Greg Abbott

Further participation in a matter, whether prohibition on bars interested public officer from attending executive session relating to matter|Participation|Adverse Party|Criminal provisions, notice of prohibited conduct in and applicable rules of construction|Litigation|"Litigation" within Open Meetings Act includes contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District|Contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District is "litigation" within Open Meetings Act

GA-0355
Greg Abbott

Directors of water district who have not yet taken oath of office do not count for purpose of determining presence of quorum in public meeting|Public meeting, directors of water district who have not yet taken oath of office do not count for purpose of determining presence of quorum in public meeting

GA-0361
Greg Abbott

County election commission is not subject to the Open Meetings Act|"Deliberative body that has rulemaking or quasi-judicial powers," construing the phrase|Deliberative body that has rulemaking or quasi-judicial powers

GA-0379
Greg Abbott

Advisory board permitted to meet by telephone conference call under the Open Meetings Act, whether the Real Estate Inspector Committee constitutes

GA-0412
Greg Abbott

Robert's Rules of Order provides that a majority vote is cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting at which a quorum is present|Harris County Hospital District Board of Managers, voting procedures pursuant to Robert's Rules of Order|Majority vote per Robert's Rules of Order

GA-0472
Greg Abbott

Hospital district, ambulance service, whether required to provide|Hospital district, physician contract|Ambulance service, whether required to provide|Physician contract|Hospital district, physician services contract|Closed meeting, attorney exception|Closed meeting, economic development exception|Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to

GA-0477
Greg Abbott

Notice required for "personal endorsement" motion|Ratification of "personal endorsement" action|Meetings, notice required for "personal endorsement" motion

GA-0504
Greg Abbott

County jail, authority to control is vested in the commissioners court, the sheriff, and the Texas Commission on Jail Standards\r\n|Committee of city and county officials and employees who meet to share information about jail conditions but does not supervise or control public business or public policy is not subject to Open Meetings Act

GA-0511
Greg Abbott

Input regarding a public officer or employee, under the Open Meetings Act members of the public are not permitted to attend a closed meeting to give\r\n\r\n\r\n|Notice of a closed meeting need not cite the section or subsection number of the provisions authorizing the closed meeting\r\n\r\n|Portions of a “closed meeting� attended by members of the public were “not permitted� within section 551.144(a).\r\n

GA-0668
Greg Abbott

Adequate notice, city manager’s report, mayor’s update, and Council and other reports are not

GA-0689
Greg Abbott

Common-law standard for determining majority vote by school district board of trustees to act in its official capacity, section 11.051(a-1), Texas Education Code, does not alter

GA-0717
Greg Abbott

City charter provision allowing a majority of a city council to call a special meeting, inconclusive as to whether such provision violates the Open Meetings Act

GA-0727
Greg Abbott

Open Meetings Act, Texas State Library and Archives Commission’s rule requiring a state agency to create and maintain written minutes of the agency’s open meetings is invalid under the|Administrative rule may not be inconsistent with the expression of the lawmakers’ intent in statutes other than those under which the regulations are issued

GA-0756
Greg Abbott

Application for place on Logan Slough Creek Improvement District, governed by the Election Code\r\n\r\nNotice of election for Logan Slough Creek Improvement District, governed by District’s legislation|Election Code, to the extent any provision governing the Logan Slough Creek Improvement District’s elections conflicts with the Election Code and does not provide otherwise, the provision in the District’s legislation is superseded by the|Logan Slough Creek Improvement District is subject to the Open Meetings Act|Logan Slough Creek Improvement District is subject to the Public Information Act|Property ownership requirement as qualification to serve as member of the board of directors|Governance of the Logan Slough Creek Improvement District|Taxable property in the district

GA-0896
Greg Abbott

Electronic communications could, depending on the facts of a particular case, constitute a \\"meeting\\" for purposes of the Texas Open Meetings Act|Electronic communications could, depending on the facts of a particular case, constitute a \\"meeting\\" for purposes of the Texas Open Meetings Act.

GA-0908
Greg Abbott

Meetings by telephone conference call, members of the board of trustees of the Clear Lake City Community Association, as a \\"property owners’ association\\" as defined in the Open Meetings Act, may not hold such meetings except in the limited circumstances described in section 551.125 of the Government Code|Property owners’ association in county with more than 2.8 million inhabitants is subject to Act, and may therefore not hold meeting by telephone conference call, except in the limited circumstances described in section 551.125 of the Government Code

GA-0957
Greg Abbott

Meeting of governmental body under Government Code section 551.001(4), if a quorum of the governmental body attends a committee meeting and deliberates about public business or public policy over which the governmental body has supervision or control, it will constitute a\r\n\r\nNotice should be posted for a meeting of the governmental body if a quorum of the governmental body attends a committee meeting and deliberates about public business or public policy over which the governmental body has supervision or control\r\n\r\nNotice posted for a committee meeting that indicates a quorum of the governmental body may attend, a court would likely conclude such notice is sufficient to notify the public of such a meeting, as long as the other requirements of the Act are met

GA-0989
Greg Abbott

Private consultation between member of a governmental body and an employee does not constitute a \\"meeting\\" within the terms of Government Code chapter 551

GA-0999
Greg Abbott

Partnership Advisory Commission is generally not subject to the Open Meetings Act

GA-1079
Greg Abbott

Geographic location of in-person public meeting of open-enrollment charter school|Videoconference call meeting of open-enrollment charter school board under Government Code section 551.127|Authority of open-enrollment charter school board members to participate in a videoconference call public meeting from location outside of its geographic service including out of state area

DM-0007
Dan Morales

Parker County Committee on Aging is not "governmental body" subject to the Act

DM-0017
Dan Morales

Closed meeting held by authority to review bids for proposed rail system, applicability of Open Meetings Act to (Overruled by Tex. Att'y Gen. Op. No. DM-191 (1992)) | Closed session to receive information from and ask questions of staff and companies responding to request for proposals for rail system, Houston Metropolitan Transit Authority was not participating in meeting subject to Act by meeting in (Overruled by Te | Discussion among board members of Houston Metropolitan Transit Authority about companies' responses to proposals for rail system, Act does not authorize Board to hold closed meeting to engage in (Overruled by Tex. Att'y Gen. Op. No. DM-191 (1992))

DM-0095
Dan Morales

Joint statement on matter of governmental business of policy, deliberation on statement is subject to the Open Meetings Act

DM-0149
Dan Morales

Advisory committee, qualifications of persons to be appointed to may not be discussed in executive session|Advisory committee, members of|Advisory committee members are not public officers

DM-0160
Dan Morales

Ex officio board members with no voting power should not be counted in determining quorum|Ex officio|Quorum|Majority of Board is two-thirds of Board members|Quorum, ex officio Board members are not counted in determining

DM-0191
Dan Morales

Employee briefing sessions excluded from Open Meetings Act definition of "meeting" and are not subject to act, briefing sessions with other third parties are meetings subject to the act (Overrules Tex. Att'y Gen. Op. No. DM-17 (1991))|Briefing sessions, under Open Meetings Act members of a governmental body may consult in private with employees but not other third parties (Overrules Tex. Att'y Gen. Op. No. DM-17 (1991))

DM-0207
Dan Morales

Live video transmission, Open Meetings Act prohibits governmental body from permitting member to attend a meeting of the body via|Commissioner is subject to Open Meetings Act and may not attend and participate in meeting via live video transmission|Video transmission, Open Meetings Act prohibits governmental body from permitting member to attend a meeting of the body via live

DM-0227
Dan Morales

Certified agenda or tape recording of closed meeting, member of governmental body who participated in closed meeting is not "member of the public" and may therefore review agenda or tape if governmental body permits (Overruled to extent inconsistent with

DM-0228
Dan Morales

Issue county commissioners court has previously taken final action on, court may discuss at subsequent meeting provided subject set out in public notice in accordance with the Act|Procedural rules|Agenda, authority to prepare|Final action may be discussed or amended in a subsequent meeting provided subject set out in public notice in accordance with Open Meetings Act

DM-0251
Dan Morales

Termination hearing of teacher, board of trustees of school district may not convene in executive session for the hearing when teacher specifically requests that hearing be open to public

DM-0284
Dan Morales

Title Insurance Guaranty Association created under Insurance Code|Life, Accident, Health, and Hospital Service Insurance Guaranty Association created under the Insurance Code|Property and Casualty Insurance Guaranty Association created under Insurance Code|Health Maintenance Organization Solvency Committee created under Insurance Code|Telephone conference, authority of insurance guaranty associations to meet by|Executive session, whether insurance guaranty associations may meet in executive session to discuss information made confidential by statute

DM-0340
Dan Morales

Executive session to review medical records, authority of retirement system board of trustees acting as medical board or committee to hold|Medical records, authority of retirement system board of trustees sitting as medical board or committee to hold executive session for purpose of reviewing

DM-0395
Dan Morales

Open Meetings Act applies to committee of judges involved in management of Community Supervision and Corrections Department|Judges involved in management of Community Supervision and Corrections Department, committee of is subject to Act|Special district

DM-0426
Dan Morales

Housing authority (municipal, county, or regional) created under chapter 392 of the Local Government Code, subject to Open Meetings Act|Housing authority (municipal, county, or regional) created under chapter 392 of the Local Government Code, subject to Act

DM-0473
Dan Morales

Agenda for city council meeting, city council has discretion to determine reasonableness of rule requiring agreement of one-third of city council to place item on|Meetings, home-rule city may adopt reasonable rules of procedure for meetings not inconsistent with constitution, statutes, or city charter provisions|Agenda preparation for city council meeting, home-rule city may adopt reasonable rules for

DM-0478
Dan Morales

Videoconference call, authority to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))|Videoconference call, authority of governing board of institution of higher education to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))|Videoconference call, authority of board of regents to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))

DM-0480
Dan Morales

Videoconference call, governmental body must recess or adjourn meeting via if technical difficulties prevent members of public at any remote location from seeing or hearing open portions of meeting

DM-0482
Dan Morales

Notice of meeting, commissioners court must repost if meeting is continued to any day other than day immediately following

JC-0028
John Cornyn

Quorum of city council of Type A general law city|Dispense with monthly meetings for three successive months, authority of city council of Type A or Type B general law city to\r\n\r\n|City council of Type A or Type B general law city, authority to decide to dispense with monthly meetings for three successive months\r\n\r\n

JC-0053
John Cornyn

Pricing committee appointed by the Authority board of directors is a governmental body subject to the Open Meetings Act|Pricing committee appointed by the Texas Public Finance Authority board of directors is a governmental body subject to the Open Meetings Act

JC-0057
John Cornyn

Executive session to consult with attorney, notice of\r\n\r\n|Notice stating that subject will be discussed in open or closed session

JC-0060
John Cornyn

Open Meetings Act, evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to|Evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to Open Meetings Act

JC-0108
John Cornyn

Peer review committee, evaluation of by governing body of hospital district acting as|Medical peer review committee, when governing body of hospital district acts as|Exemption from Open Meetings Act for governing body of hospital district when acting as medical peer review committee|Medical peer review committee, exemption from open meetings act for governing body of hospital district acting as

JC-0120
John Cornyn

Tape recording of closed meeting may be reviewed by member of governmental body who did not attend meeting, but copy of tape may not be provided

JC-0160
John Cornyn

Ad hoc intergovernmental working group to coordinate foreclosures and sales of delinquent tax properties is not as a matter of law a "governmental body" under the Open Meetings Act

JC-0167
John Cornyn

Personnel matter over which governmental body lacks ultimate authority, discussion of the personnel matter in a closed meeting does not violate the Open Meetings Act as a matter of law|Recent specific statutes regarding purchasing agents supersede older general provision regarding county agents|Authority to appoint or employ purchasing agent or agent of contracts or procurement officer, commissioners court in county with population less than 100,000 lacks

JC-0169
John Cornyn

Public comment sessions in which members of the public address a governmental body are "meetings" subject to notice requirements of Open Meetings Act as amended by House Bill 156 of 76th Legislature, but notice may be highly general|Staff briefing sessions in which employees of a governmental body report to the governmental body are "meetings" subject to the notice requirements of the Open Meetings Act as amended by House Bill 156 of the 76th Legislature, and notice should disclose s|Deliberation|Meeting|Public comment|Briefing session

JC-0194
John Cornyn

Telephone or videoconference call, governmental body may meet by only as expressly authorized by Open Meetings Act (Affirming Tex. Att'y Gen. Op. No. DM-478 (1998))

JC-0203
John Cornyn

Standing committee of less than a quorum of members of parent body is subject to Act|Workshop|Standing committee

JC-0233
John Cornyn

Executive session of public meeting, advice to governmental body during|Proposed contract, governmental body may hold executive session to receive advice from its attorney on legal issues raised by, but may not engage in general policy discussion of non-legal matters merely because attorney is present|Executive session meeting of Commissioners of Port of Beaumont Navigation District to receive legal advice from its attorney on proposed contract may not include discussion of non-legal matters

JC-0248
John Cornyn

Open Meetings Act, state agency testifying before Sunset Advisory Commission must comply with when quorum of members attend and furnish information|Sunset Advisory Commission, state agency testifying before, must itself post notice when quorum of members attend and one or more testifies or otherwise furnishes information

JC-0285
John Cornyn

Executive session of public meeting may be continued until following day

JC-0294
John Cornyn

Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Attorney fees to defend against prosecution for violating Open Meetings Act, reimbursement of public officers' from public funds (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member may not be reimbursed for attorney's fees to defend criminal prosecution for violating Open Meetings Act if he or she is convicted (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Revenues from city water system, placement in general fund (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)

JC-0307
John Cornyn

Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court may be charged with a violation of the Act, but only if the person aids or assists a member or members who knowingly act to violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place an item on agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place item on an agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act criminal provisions, liability of a person who is not a member of the governmental body

JC-0308
John Cornyn

Attendance by a quorum of the members of the board of a state governmental body at a legislative hearing is subject to the Open Meetings Act.

JC-0313
John Cornyn

Edwards Aquifer Authority, committee of the Authority is subject to Open Meetings Act when majority of board members attends meeting of committee|Open Meetings Act, committee of Edwards Aquifer Authority subject to when majority of board members attends meeting of committee

JC-0327
John Cornyn

Bryan-College Station Economic Development Corporation, nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development is not a governmental body subject to Open Meetings Act|Nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development not a governmental body subject to Open Meetings Act

JC-0335
John Cornyn

Local government corporations, whether subject to the Act|Local government corporations, whether subject to Open Meetings Act|Local government corporations, city's or county's transfer of funds to must be consistent with constitutional provisions on expenditure of public funds for public purposes|Local government corporations, whether subject to open government statutes and certain other statutes on contracting and purchasing

JC-0352
John Cornyn

Emergency meetings under the Open Meetings Act, commissioners court may hold as special term|Notice to members of a governmental body not governed by Open Meetings Act, under common law predating Act, court may void action taken by governmental body at meeting for which members did not receive notice|Emergency meetings by telephone under Open Meetings Act, if quorum of governmental body appears at one location, absent members may not participate by telephone conference call|Emergency meetings by telephone, under Open Meetings Act notice of meeting need not state meeting will be held by telephone conference call

JC-0375
John Cornyn

Executive sessions of board of trustees, contractual requirement that superintendent attend is valid under Open Meetings Act|Open Meetings Act, contractual requirement that superintendent attend executive sessions of board does not violate

JC-0406
John Cornyn

Petition for creation of water district, constitutionality of Water Code restriction of signatories to land owners dependent on factual determination concerning purpose of district and potentially disparate impact on land owners|Emergency notice requires statement of reason for emergency or urgent public necessity|Emergency, a statutorily required action is not reasonably unforeseeable for purposes of Open Meetings Act definition of "emergency"|Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinion

JC-0407
John Cornyn

Incompatibility of offices, members of board of health maintenance organization ("HMO") established by hospital district are not public officers|Matters involving the interests of both the hospital district and HMO created by district, HMO board members who are members of the board of managers of hospital district must also faithfully carry out their duty to HMO when participating in|Health maintenance organization established by hospital district, HMO board not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcomm|Conflicts of interest, members of hospital district board of managers who serve on board of health maintenance organization created by hospital district must comply with chapter 171 of Local Government Code whenever participating in hospital district vote|Board of health maintenance organization established by hospital district not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcommit|Vote or decision involving HMO, hospital district board of managers who serve on board of health maintenance organization created by the district must comply with chapter 171 of Local Government Code whenever participating in|Members of board of a health maintenance organization ("HMO") established by hospital district are not public officers

JC-0411
John Cornyn

Health information, federal standards for privacy of individually identifiable|Risk Pool for El Paso County Health Benefits Program, Board of Trustees is subject to Open Meetings Act|Third party administrator of county health benefits program, administrator is not an officer or employee for purpose of executive session deliberations concerning complaints against|Privacy of individually identifiable health information, federal standards for

JC-0428
John Cornyn

Deliberation and decision-making, bail bond board member's delegation of must be expressly authorized|Alternate licensed bail bond surety to serve on county bail bond board when licensed bail bond surety representative is unable to attend meetings, board may not permit

JC-0487
John Cornyn

Public meeting, University of Texas Board of Regents may not hold in Mexico|Public meeting in Mexico, University of Texas Board of Regents may not hold

JC-0506
John Cornyn

Commissioners court's closed meeting, auditor's presence does not violate Open Meetings Act if commissioners court has determined that auditor's interests are not adverse to county's and if commissioners court determines that auditor's presence is necessa|Closed meeting, under Open Meetings Act a commissioners court may allow county auditor to attend if auditor's interests are not adverse to county's and if commissioners court determines that auditor's presence is necessary to anticipated discussion, but c|Attorney-client privilege, court may find that privilege does not apply to communications between commissioners court and its attorney that occurred in county auditor's presence|Closed meeting, consistently with Open Meetings Act a commissioners court may allow county auditor to attend if it determines that auditor's interests are not adverse to county's and that auditor's presence is necessary to anticipated discussion, although

JC-0580
John Cornyn

Assessor-collector who serves as nonvoting member of appraisal district board is counted in determining presence of quorum, and may also serve as board officer, and may make and second motions if the board gives him that authority|Assessor-collector who serves as nonvoting member of appraisal district board is counted in determining presence of quorum

KP-0300
Ken Paxton

Governmental bodies may comply with Government Code section 551.007 by conducting one public comment session at the beginning of the meeting and may adopt reasonable rules to cap the total time given to each person who wishes to testify.

KP-0302
Ken Paxton

When the Texas Windstorm Insurance Ass'n Board has provided requisite notice to member insurers about an assessment at a regularly-scheduled Board meeting, it is unlikely a court will require the Board to call an additional emergency meeting to provide the same notice.  So long as the Board complies with its quorum requirement, Board vacancies do not impair its ability to take action.

KP-0468
Ken Paxton

Consideration of the following issues with respect to a municipal utility district: the legality of a board meeting, a vacancy on the board, applications for a place on the ballot, filling vacancies on the board, alleged misconduct by the board, and the role of the commissioners court in the appointment or removal of board directors.

KP-0475
Ken Paxton

Addressing whether boilerplate language listing potentially applicable closed meeting provisions provides sufficient notice by itself under the Open Meetings Act and whether a governmental body may consult with an attorney about potentially retaining the attorney’s law firm to perform professional legal services in a closed meeting.