551.056. (a) In an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity, or the supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter, is sufficient if the notice or supplemental notice is posted for at least one hour before the meeting is convened. Your right to attend public meetings is protected. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 551.072. Acts 2013, 83rd Leg., R.S., Ch. 551.0411. Added by Acts 2003, 78th Leg., ch. How do I get information on registered charities? 17, eff. Added by Acts 1993, 73rd Leg., ch. Added by Acts 2005, 79th Leg., Ch. 16, eff. (k) Without regard to whether a member of the governmental body is participating in a meeting from a remote location by videoconference call, a governmental body may allow a member of the public to testify at a meeting from a remote location by videoconference call. 87 (S.B. 551.104. (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. 62, Sec. Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. WATER DISTRICTS. Added by Acts 1995, 74th Leg., ch. The Brown Act is contained in section 54950 et seq. 306 Vote by Electronic or Telephonic Communications 25 O.S. June 17, 2005. (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. (d) This subsection applies only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously. September 1, 2007. (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or. 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. 861 (H.B. 1084, Sec. A school district shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the district. Failure to meet both requirements results in the action being invalid. (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. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. (d) A telephone conference call meeting is subject to the notice requirements applicable to other meetings. Notice of regular meetings shall be posted within ten days after the first meeting in each calendar or fiscal year, and notice of special meetings shall be posted at least 18 hours before the . Added by Acts 1993, 73rd Leg., ch. (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. Sec. Aug. 30, 1999. 268, Sec. (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. Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Acts 2007, 80th Leg., R.S., Ch. INQUIRY MADE AT MEETING. (b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. (c) A meeting held by telephone conference call or video conference call authorized by this section may be held only if: (2) the convening at one location of a quorum of the governing body of the applicable water district is difficult or impossible. 8), Sec. Acts 2013, 83rd Leg., R.S., Ch. The open portions of the meeting must be audible to the public at the location where the quorum is present and be recorded at that location. REQUIREMENT TO FIRST CONVENE IN OPEN MEETING. 1420, Sec. 1, eff. 1078 (H.B. Sept. 1, 1999. PUBLIC TESTIMONY. For purposes of the limit provided by this subsection, remote participation by telephone conference call in a meeting of a board committee does not count as remote participation by telephone conference call in a meeting of the board, even if: (1) a quorum of the full board attends the board committee meeting; or. 19.01(50), eff. Open Government Division Advisory During COVID-19 State of Public Health Emergency. 778, Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. (b) (1) Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic transmissions, including . 10:4-6 et seq.) 1, eff. (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). (2) make available an archived copy of the video and audio recording of each meeting described by Subdivision (1) on the Internet. Sec. 2978), Sec. Excerpt: City of Milan Council Rules of Procedure . Requirements . (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. Emergency Meetings 20 4. 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. Sec. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body. 551.0811. September 1, 2013. 984), Sec. September 1, 2019. The Open Meetings Act requires a public body to provide notice "as early as possible, but not less than 48 hours or 2 business days, whichever is greater, before a meeting.". (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. (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. 551.123. 286), Sec. EXCEPTION TO GENERAL RULE: COMMITTEE OF LEGISLATURE. 551.143. 190, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999. MEDICAL BOARD OR MEDICAL COMMITTEE. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE DISTRICTS, DEVELOPMENT CORPORATIONS, AUTHORITIES, AND JOINT BOARDS. (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. COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. (b) If this chapter specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and. 1343), Sec. 633, Sec. Acts 2011, 82nd Leg., R.S., Ch. 885 (H.B. 3674), Sec. 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. 2018), Sec. Statutes outside of the Act may also apply to specific (b) Subsection (a) does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. September 1, 2007. TEXAS FACILITIES COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. 494), Sec. 551.005. 2414), Sec. May 18, 2013. Sec. In the next sentence, however, gatherings "for purely ministerial or social purposes" are not considered to be "meetings.". 1, eff. 1, eff. (i) A member of the board may participate remotely by telephone conference call instead of by being physically present at the location of a board meeting for not more than one board meeting per calendar year. September 1, 2009. 551.050. (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. 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. 268, Sec. 4, eff. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. 551.054. (3) either provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. 925, Sec. Sept. 1, 2001. Amended by Acts 1999, 76th Leg., ch. Annotations. (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. 679), Sec. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. Do you have a compliance guide for the Open Meetings Act? 87 (S.B. Short . June 15, 2007. Acts 2005, 79th Leg., Ch. 564), Sec. 471), Sec. September 1, 2007. 3, eff. 2, eff. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 3827), Sec. (g) The authority provided by this section is in addition to the authority provided by Section 551.125. 3, eff. 1, eff. 551.126. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and. (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. 3357), Sec. DELIBERATION REGARDING TEST ITEM. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. 1440), Sec. Added by Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 84-1407 through 84-1414 (2014, Cum. More from BGA Policy FOIA, Council Independence, IG Reports: Mayoral Candidates Address the Big Good-Government Questions by BGA Policy BGA State Policy Agenda 2023 by BGA Policy Court Transparency Coalition 535 (H.B. Sept. 1, 1999. 1287, Sec. June 21, 2003. (2) a recitation of existing policy in response to the inquiry. Added by Acts 1999, 76th Leg., ch. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. 3, eff. (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. 2022). Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. The Office of the New Mexico Attorney General regularly conducts educational presentations on these Sunshine Laws throughout the state. (c) A meeting held by telephone 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. (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or. (c) A meeting held by telephone conference call must comply with the procedures described in Section 551.125. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. (d) Completing the required training as a member of the governmental body satisfies the requirements of this section with regard to the member's service on a committee or subcommittee of the governmental body and the member's ex officio service on any other governmental body. 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. Added by Acts 2001, 77th Leg., ch. June 15, 2007. This chapter does not require an agency financed entirely by federal money to conduct an open meeting. Times and places for meetings Emergencies Exception. (b) In addition to the other place at which notice is required to be posted by this subchapter, the following governmental bodies and economic development corporations must also concurrently post notice of a meeting on the Internet website of the governmental body or economic development corporation: (4) the governing body of a junior college or junior college district, including a college or district that has changed its name in accordance with Chapter 130, Education Code; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code); (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code; and. 551.145. 87 (S.B. FOIA. EXCEPTION TO GENERAL RULE: GOVERNMENTAL BODY WITH STATEWIDE JURISDICTION. Sec. (b)(1) Except as otherwise provided by law, all meetings shall be open to the public. (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. 551.049. Tenn. Code Ann. 268, Sec. 551.128. Notice of a meeting must be given at least seven days in advance. (a) In this section, "board" means the Texas Higher Education Coordinating Board. JOINT BOARD: PLACE OF POSTING NOTICE. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Governor's Order suspending certain provisions of the Open Meeting law, G.L. Sec. 1233), Sec. 105 (S.B. 1046), Sec. Ordinances, rules, resolutions, regulations, etc., adopted at public meetings Notice Secret voting prohibited. Sept. 1, 1999. 758 (H.B. Is a public body required to provide members of the public with a copy of its "board packet" at an open meeting? 1, eff. The recording shall be made available to the public. Is a meeting subject to OMA even if no votes are taken? 1, eff. 551.0015. Sec. 2, eff. Rev. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. Oldham v. Drummond Bd. In no event shall a communication or posting to the online message board or similar Internet application be construed to be an action of the governmental body. 52-4-201 Meetings open to the public -- Exceptions. Added by Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. HIGHER EDUCATION COORDINATING BOARD. Minutes must be taken. Exceptions to Agenda Requirements Public Testimony 16 18 18 2. 551.042. In addition to providing any other notice required by this subchapter, the governing board of a single institution of higher education: (1) shall post notice of each meeting at the county courthouse of the county in which the meeting will be held; (2) shall publish notice of a meeting in a student newspaper of the institution if an issue of the newspaper is published between the time of the posting and the time of the meeting; and. Sec. 42.30.070. May 18, 2013. BOARD OF PARDONS AND PAROLES. 471), Sec. (2) an accessible link to the archived recording of each such meeting. 12.16, eff. Sec. 161 (S.B. Additionally, the handbook (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. 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