Added by Acts 1995, 74th Leg., ch. 551.041. 1440), Sec. 1, eff. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. (a) A state governmental body shall provide notice of each meeting to the secretary of state. (b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of: (1) an imminent threat to public health and safety, including a threat described by Subdivision (2) if imminent; or. 10, eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. 471), Sec. CERTAIN SCHOOL BOARDS; CLOSED MEETING REGARDING CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE GROUP. The Open Meetings Act explicitly lists a commissioners court as a governmental body. Sec. 228), Sec. posting requirements in the event of an emergency, which is . GOVERNING BODY OF CERTAIN WATER DISTRICTS: INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN HEARINGS. 622, Sec. Sept. 1, 2001. May 18, 2013. Sec. In this chapter, the legislature is exercising its powers to adopt rules to prohibit secret meetings of the legislature, committees of the legislature, and other bodies associated with the legislature, except as specifically permitted in the constitution. (2) agreed to reimburse the governmental body for the cost of providing the special notice. 405, Sec. May 18, 2013. Added by Acts 1997, 75th Leg., ch. 814 (S.B. Sept. 1, 2001. 165 (S.B. Sec. CONSULTATION WITH ATTORNEY; CLOSED MEETING. (f) Each part of the telephone conference call meeting that is required to be open to the public must be: (1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) broadcast over the Internet in the manner prescribed by Section 551.128; and. Sept. 1, 1997. June 17, 2011. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. (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. 551.126. The term includes a session of a governmental body. 494), Sec. If this is done, the meeting is considered to be a regular meeting for all purposes. 685 (H.B. Sec. Added by Acts 1999, 76th Leg., ch. Schedule of regular meetings Publication in state register Notice of change "Regular . Sept. 1, 2001. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. (d) A meeting held by videoconference call is subject to the notice requirements applicable to other meetings in addition to the notice requirements prescribed by this section. Aug. 30, 1999. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or. AN ACT to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts. 1969), Sec. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. Failure to meet both requirements results in the action being invalid. 551.077. (a) This section applies only to the attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature. Oldham v. Drummond Bd. Acts 2007, 80th Leg., R.S., Ch. (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. 551.088. The district shall maintain a copy of the recording for at least one year after the date of the hearing. (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. 471), Sec. 551.023. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FOUR OR MORE COUNTIES: NOTICE TO PUBLIC, SECRETARY OF STATE, AND COUNTY CLERK; PLACE OF POSTING NOTICE. Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures, Mass. The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. 5.01(a), eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. 42.30.070. Sept. 1, 1993. 551.082. 1, eff. 1038, Sec. (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. Aug. 28, 1995. Is a public body required to provide members of the public with a copy of its "board packet" at an open meeting? (b) An offense under Subsection (a) is a Class C misdemeanor. May 23, 2015. COMMISSIONERS COURTS: DELIBERATION REGARDING DISASTER OR EMERGENCY. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. The new Open Meetings Act, which replaces the old "Sunshine Law," provides you with greater access to your state and local government. January 1, 2006. Due to the COVID-19 State of Emergency and the Governors Orders, the Office of the Attorney General will not have in person trainings for Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) at this time. Acts 2019, 86th Leg., R.S., Ch. EXCEPTION TO GENERAL RULE: COMMITTEE OF LEGISLATURE. 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. WATER DISTRICTS. 3, eff. . 842 (H.B. (2) if the property owners' association: (A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and. Minutes; right to speak. 564), Sec. collective bargaining. If not, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply. 1, eff. 551.022. Renumbered from Sec. (d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity. 305 Recording of Votes 25 O.S. chance meetings. 494), Sec. Sept. 1, 1999. 11), Sec. (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. 4.05, 4.06, eff. 1, eff. (b) The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body. September 1, 2019. (2) an accessible link to the archived recording of each such meeting. The Act creates an exception to the 72-hour or 7-day posting requirements in the event of an emergency, which is defined . (b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460, Transportation Code, an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, or a county commissioners court for a county that has a population of 125,000 or more shall: (1) make a video and audio recording of reasonable quality of each: (A) regularly scheduled open meeting that is not a work session or a special called meeting; and. The online message board or similar Internet application must be owned or controlled by the governmental body, prominently displayed on the governmental body's primary Internet web page, and no more than one click away from the governmental body's primary Internet web page. Nothing in this act shall be construed as affecting or superseding the adequate notice requirements that are imposed by the "Open Public Meetings Act," P.L.1975, c. 231 (N.J.S.A. PROHIBITED SERIES OF COMMUNICATIONS; OFFENSE; PENALTY. 679), Sec. (d) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. 551.0411. Sept. 1, 1995. (a-3) A member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. (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. Distinct from Board Meetings HOA board meetings are subject to the requirements contained within the Open Meeting Act.Some of the more significant requirements are those which require the board to take action only at a properly noticed board meeting, and to allow the association's members to attend open board meetings.However, those requirements do not apply to meetings of HOA committees . 268, Sec. 8-44-103. 1420, Sec. (a) In this section, "board" means the Texas Higher Education Coordinating Board. (2) to hear a complaint or charge against a member of an advisory body. 551.074. The face of each participant in the videoconference call, while that participant is speaking, shall be clearly visible, and the voice audible, to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the physical location described by Subsection (e) and at any other location of the meeting that is open to the public. Acts 2013, 83rd Leg., R.S., Ch. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. The Open Meetings Act does not set out all procedures applicable to meetings of governmental bodies. Added by Acts 1993, 73rd Leg., ch. (a) A person in attendance may record all or any part of an open meeting of a governmental body by means of a recorder, video camera, or other means of aural or visual reproduction. 87 (S.B. 925 (S.B. 62, Sec. Amended by Acts 2001, 77th Leg., ch. 551.048. GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH CARE SERVICES. 551.142. of Ed., 1975 OK 147, 542 P.2d 1309. . 679), Sec. May 23, 2015. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. We look forward to your attendance. The attorney general shall ensure that at least one course of training approved or provided by the attorney general is available on videotape or a functionally similar and widely available medium at no cost. OTHER GOVERNMENTAL BODY. (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. Renumbered from Sec. 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. This chapter does not authorize a governmental body to close a meeting that a charter of the governmental body: Sec. After completing the training course, you may print your certificate. The Brown Act is contained in section 54950 et seq. Sec. Sept. 1, 2003. (e) The training required by this section may be used to satisfy any corresponding training requirements concerning this chapter or open meetings required by law for the members of a governmental body. DELIBERATION REGARDING TEST ITEM. 1046, Sec. Acts 2005, 79th Leg., Ch. 5.02(a), eff. Do you have a compliance guide for the Inspection of Public Records Act? (h) The location specified under Subsection (e), and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording. Lewis v. Cleveland Mun. If an open meeting is continued to the following regular business day and, on that following day, the governmental body continues the meeting to another day, the governmental body must give written notice as required by this subchapter of the meeting continued to that other day. The location where the member of the governmental body presiding over the meeting is physically present shall be open to the public during the open portions of the meeting. 471), Sec. This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. 15, eff. The Tennessee Open Meetings Act requires notice of the meeting itself but does not specifically require notice of the content of the meeting. 551.125. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. (b) Except as provided by Subsection (b-1) and subject to the requirements of this section, a governmental body may broadcast an open meeting over the Internet. (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. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting. 1, eff. September 1, 2015. See the Events page for upcoming Sunshine Laws Training Sessions. B. C. . Stat. Sept. 1, 2003. 551.002. A governmental body that is investigating a matter may exclude a witness from a hearing during the examination of another witness in the investigation. (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and. Amended by Acts 1999, 76th Leg., ch. 1, eff. (8) "Videoconference call" means a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. Acts 2015, 84th Leg., R.S., Ch. (2) create an exception to the application of this subchapter. 551.130. (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. 645 (S.B. (2) to hear a complaint or charge against an officer or employee. Open Meetings Act provides that persons shall be permitted to address the meeting of a public body under the rules established by the public body, and also (c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality with a population of 48,000 or more; (2) a county with a population of 65,000 or more; (3) a school district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (4) the governing body of a junior college district, including a district that has changed its name in accordance with Chapter 130, Education Code, that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) that was created by or for: (A) a municipality with a population of 48,000 or more; or, (B) a county or district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; and. (a) All public bodies shall keep written minutes of all. 1007 (H.B. 551.0726. Acts 2013, 83rd Leg., R.S., Ch. (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. 8, eff. 268, Sec. These protocols aim to ensure continuity of government operations and transparency in conducting public business when an emergency requires a governing body meeting to (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. Acts 2011, 82nd Leg., R.S., Ch. In " Michigan's Open Meetings Act: An introduction ," we explored several general provisions of the Open Meetings Act (OMA). 551.0821. (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. 1, eff. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. GOVERNING BOARD OF INSTITUTION OF HIGHER EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE ACTION. 1, eff. Sec. 3047), Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 268, Sec. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1997. 1, eff. 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. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. The public notice for a rescheduled regular or a special meeting of a public body, shall state the (1) date, (2) time, and (3) place of the meeting. 1, eff. 1, eff. Sec. Sec. 325 (S.B. Sept. 1, 1993. 2668), Sec. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 560 (S.B. September 1, 2009. (f) 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 call must be clearly stated before the party speaks. Amended by Acts 1997, 75th Leg., ch. (c) The board or a board committee may hold a meeting by telephone conference call only if a quorum of the applicable board or board committee is physically present at one location of the meeting. The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, press conference, forum, appearance, or debate. Added by Acts 2005, 79th Leg., Ch. Sec. September 1, 2009. 728 (H.B. . Acts 2013, 83rd Leg., R.S., Ch. The Open Meetings Act is a state law that requires meetings of public bodies to be open to the public except in certain, specific situations. 1, eff. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. June 14, 2013. They establish the legal requirement that the decision . If the problem is not resolved in six hours or less, the meeting must be adjourned. (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. Under subsection (1) of this section, the Legislature has imposed only two conditions on the public body's notification method of a public meeting: (1) It must give reasonable advance publicized notice of the time and place of each meeting and (2) it must be recorded in the public body's minutes. What should a school board meeting notice contain to comply with the Texas Open . DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED MEETING. Sept. 1, 1999. Gov't ode 551.056(d). (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code. 462 (S.B. 551.084. 1007 (H.B. 551.078. It generally requires these bodies to publicly notice their meetings, prepare agendas, accept public testimony and conduct their meetings in public unless specifically authorized to meet in closed session. Amended by Acts 1999, 76th Leg., ch. CERTIFIED AGENDA OR RECORDING REQUIRED. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. The Open Meetings Act (OMA) took effect in 1977 and created a new structure for transparency and accountability for governmental decision making. Sec. The Open Meetings Act (OMA) is a state law, which provides the statutory guidelines for conducting public meetings. (b) The secretary of state shall post the notice on the Internet. Acts 2007, 80th Leg., R.S., Ch. (b) This section applies only to a water district whose territory includes land in three or more counties. 551.087. 18.23, eff. Acts 2013, 83rd Leg., R.S., Ch. 758 (H.B. 62, Sec. a regular meeting schedule, its agendas should be posted at least 72 hours in advance of the meeting (Section 54954.2). (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. Sec. (j) The audio and video signals perceptible by members of the public at each location of the meeting described by Subsection (h) must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. (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. (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection (c); or. Sec. On July 16, 2022, Governor Baker signed into law An Act Relative to Extending Certain State of Emergency Accommodations, which, among other things, extends the expiration of the provisions pertaining to the Open Meeting Law to March 31, 2023. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. Sec. Notable exemptions to this definition include: employment search committees for executive positions. 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