CHAPTER 551. OPEN MEETINGS

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GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 551. OPEN MEETINGS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 551.001. DEFINITIONS. In this chapter:

(1) "Closed meeting" means a meeting to which the public does

not have access.

(2) "Deliberation" means a verbal exchange during a meeting

between a quorum of a governmental body, or between a quorum of a

governmental body and another person, concerning an issue within

the jurisdiction of the governmental body or any public business.

(3) "Governmental body" means:

(A) a board, commission, department, committee, or agency within

the executive or legislative branch of state government that is

directed by one or more elected or appointed members;

(B) a county commissioners court in the state;

(D) a deliberative body that has rulemaking or quasi-judicial

power and that is classified as a department, agency, or

political subdivision of a county or municipality;

(E) a school district board of trustees;

(F) a county board of school trustees;

(G) a county board of education;

(H) the governing board of a special district created by law;

(I) a local workforce development board created under Section

2308.253;

(J) a nonprofit corporation that is eligible to receive funds

under the federal community services block grant program and that

is authorized by this state to serve a geographic area of the

state; and

(K) a nonprofit corporation organized under Chapter 67, Water

Code, that provides a water supply or wastewater service, or

both, and is exempt from ad valorem taxation under Section 11.30,

Tax Code.

(4) "Meeting" means:

(A) a deliberation between a quorum of a governmental body, or

between a quorum of a governmental body and another person,

during which public business or public policy over which the

governmental body has supervision or control is discussed or

considered or during which the governmental body takes formal

action; or

(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

(iv) at which the members receive information from, give

information to, ask questions of, or receive questions from any

third person, including an employee of the governmental body,

about the public business or public policy over which the

governmental body has supervision or control.

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, or the attendance by a

quorum of a governmental body at a regional, state, or national

convention or workshop, ceremonial event, or press conference, if

formal action is not taken and any discussion of public business

is incidental to the social function, convention, workshop,

ceremonial event, or press conference.

The term includes a session of a governmental body.

(5) "Open" means open to the public.

(6) "Quorum" means a majority of a governmental body, unless

defined differently by applicable law or rule or the charter of

the governmental body.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.23, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 647, Sec. 1, eff. Aug.

30, 1999; Acts 2001, 77th Leg., ch. 633, Sec. 1, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1004, Sec. 1, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1276, Sec. 9.012, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

165, Sec. 1, eff. May 22, 2007.

Sec. 551.0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO

LAW. (a) A property owners' association is subject to this

chapter in the same manner as a governmental body:

(1) if:

(A) membership in the property owners' association is mandatory

for owners or for a defined class of owners of private real

property in 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;

(B) the property owners' association has the power to make

mandatory special assessments for capital improvements or

mandatory regular assessments; and

is or has ever been based in whole or in part on the value at

which the state or a local governmental body assesses the

property for purposes of ad valorem taxation under Section 20,

Article VIII, Texas Constitution; or

(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

(B) is a corporation that:

(i) is governed by a board of trustees who may employ a general

manager to execute the association's bylaws and administer the

business of the corporation;

(ii) does not require membership in the corporation by the

owners of the property within the defined area; and

(iii) was incorporated before January 1, 2006.

(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.

Added by Acts 1999, 76th Leg., ch. 1084, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1367, Sec. 1, eff. September 1, 2007.

Sec. 551.002. OPEN MEETINGS REQUIREMENT. Every regular,

special, or called meeting of a governmental body shall be open

to the public, except as provided by this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.003. LEGISLATURE. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.0035. ATTENDANCE BY GOVERNMENTAL BODY AT LEGISLATIVE

COMMITTEE OR AGENCY MEETING. (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. This section does not

apply to attendance at the meeting by members of the legislative

committee or agency holding the meeting.

(b) The attendance by a quorum of a governmental body at a

meeting of a committee or agency of the legislature is not

considered to be a meeting of that governmental body if the

deliberations at the meeting by the members of that governmental

body consist only of publicly testifying at the meeting, publicly

commenting at the meeting, and publicly responding at the meeting

to a question asked by a member of the legislative committee or

agency.

Added by Acts 2001, 77th Leg., ch. 447, Sec. 1, eff. June 4,

2001.

Sec. 551.004. OPEN MEETINGS REQUIRED BY CHARTER. This chapter

does not authorize a governmental body to close a meeting that a

charter of the governmental body:

(1) prohibits from being closed; or

(2) requires to be open.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.005. OPEN MEETINGS TRAINING. (a) Each elected or

appointed public official who is a member of a governmental body

subject to this chapter shall complete a course of training of

not less than one and not more than two hours regarding the

responsibilities of the governmental body and its members under

this chapter not later than the 90th day after the date the

member:

(1) takes the oath of office, if the member is required to take

an oath of office to assume the person's duties as a member of

the governmental body; or

(2) otherwise assumes responsibilities as a member of the

governmental body, if the member is not required to take an oath

of office to assume the person's duties as a member of the

governmental body.

(b) The attorney general shall ensure that the training is made

available. 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. 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. The training must include instruction in:

(1) the general background of the legal requirements for open

meetings;

(2) the applicability of this chapter to governmental bodies;

(3) procedures and requirements regarding quorums, notice, and

recordkeeping under this chapter;

(4) procedures and requirements for holding an open meeting and

for holding a closed meeting under this chapter; and

(5) penalties and other consequences for failure to comply with

this chapter.

the training shall provide a certificate of course completion to

persons who complete the training required by this section. A

governmental body shall maintain and make available for public

inspection the record of its members' completion of the training.

(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.

(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. The attorney general shall attempt to

coordinate the training required by this section with training

required by other law to the extent practicable.

(f) The failure of one or more members of a governmental body to

complete the training required by this section does not affect

the validity of an action taken by the governmental body.

(g) A certificate of course completion is admissible as evidence

in a criminal prosecution under this chapter. However, evidence

that a defendant completed a course of training offered under

this section is not prima facie evidence that the defendant

knowingly violated this chapter.

Added by Acts 2005, 79th Leg., Ch.

105, Sec. 1, eff. January 1, 2006.

SUBCHAPTER B. RECORD OF OPEN MEETING

Sec. 551.021. MINUTES OR TAPE RECORDING OF OPEN MEETING

REQUIRED. (a) A governmental body shall prepare and keep

minutes or make a tape recording of each open meeting of the

body.

(b) The minutes must:

(1) state the subject of each deliberation; and

(2) indicate each vote, order, decision, or other action taken.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.022. MINUTES AND TAPE RECORDINGS OF OPEN MEETING:

PUBLIC RECORD. The minutes and tape recordings of an open

meeting are public records and shall be available for public

inspection and copying on request to the governmental body's

chief administrative officer or the officer's designee.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.023. RECORDING OF MEETING BY PERSON IN ATTENDANCE. (a)

A person in attendance may record all or any part of an open

meeting of a governmental body by means of a tape recorder, video

camera, or other means of aural or visual reproduction.

(b) A governmental body may adopt reasonable rules to maintain

order at a meeting, including rules relating to:

(1) the location of recording equipment; and

(2) the manner in which the recording is conducted.

unreasonably impair a person from exercising a right granted

under Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER C. NOTICE OF MEETINGS

Sec. 551.041. NOTICE OF MEETING REQUIRED. A governmental body

shall give written notice of the date, hour, place, and subject

of each meeting held by the governmental body.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.0411. MEETING NOTICE REQUIREMENTS IN CERTAIN

CIRCUMSTANCES. (a) Section 551.041 does not require a

governmental body that recesses an open meeting to the following

regular business day to post notice of the continued meeting if

the action is taken in good faith and not to circumvent this

chapter. 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.

(b) A governmental body that is prevented from convening an open

meeting that was otherwise properly posted under Section 551.041

because of a catastrophe may convene the meeting in a convenient

location within 72 hours pursuant to Section 551.045 if the

action is taken in good faith and not to circumvent this chapter.

If the governmental body is unable to convene the open meeting

within those 72 hours, the governmental body may subsequently

convene the meeting only if the governmental body gives written

notice of the meeting as required by this subchapter.

occurrence that interferes physically with the ability of a

governmental body to conduct a meeting, including:

(1) fire, flood, earthquake, hurricane, tornado, or wind, rain,

or snow storm;

(2) power failure, transportation failure, or interruption of

communication facilities;

(3) epidemic; or

(4) riot, civil disturbance, enemy attack, or other actual or

threatened act of lawlessness or violence.

Added by Acts 2005, 79th Leg., Ch.

325, Sec. 1, eff. June 17, 2005.

Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY: REPORTS ABOUT

ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE

TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a

quorum of the governing body of a municipality may receive from

municipal staff and a member of the governing body may make a

report about items of community interest during a meeting of the

governing body without having given notice of the subject of the

report as required by this subchapter if no action is taken and,

except as provided by Section 551.042, possible action is not

discussed regarding the information provided in the report.

(b) For purposes of Subsection (a), "items of community

interest" includes:

(1) expressions of thanks, congratulations, or condolence;

(2) information regarding holiday schedules;

(3) an honorary or salutary recognition of a public official,

public employee, or other citizen, except that a discussion

regarding a change in the status of a person's public office or

public employment is not an honorary or salutary recognition for

purposes of this subdivision;

(4) a reminder about an upcoming event organized or sponsored by

the governing body;

(5) information regarding a social, ceremonial, or community

event organized or sponsored by an entity other than the

governing body that was attended or is scheduled to be attended

by a member of the governing body or an official or employee of

the municipality; and

(6) announcements involving an imminent threat to the public

health and safety of people in the municipality that has arisen

after the posting of the agenda.

Added by Acts 2009, 81st Leg., R.S., Ch.

1377, Sec. 1, eff. September 1, 2009.

Sec. 551.042. INQUIRY MADE AT MEETING. (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

(2) a recitation of existing policy in response to the inquiry.

(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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.043. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE.

(a) The notice of a meeting of a governmental body must be

posted in a place readily accessible to the general public at all

times for at least 72 hours before the scheduled time of the

meeting, except as provided by Sections 551.044-551.046.

(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

(3) if the governmental body makes a good-faith attempt to

continuously post the notice on the Internet during the

prescribed period, the notice physically posted at the location

prescribed by this chapter must be readily accessible to the

general public during normal business hours.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

624, Sec. 1, eff. September 1, 2005.

Sec. 551.044. EXCEPTION TO GENERAL RULE: GOVERNMENTAL BODY WITH

STATEWIDE JURISDICTION. (a) The secretary of state must post

notice on the Internet of a meeting of a state board, commission,

department, or officer having statewide jurisdiction for at least

seven days before the day of the meeting. The secretary of state

shall provide during regular office hours a computer terminal at

a place convenient to the public in the office of the secretary

of state that members of the public may use to view notices of

meetings posted by the secretary of state.

(b) Subsection (a) does not apply to:

(1) the Texas Department of Insurance, as regards proceedings

and activities under Title 5, Labor Code, of the department, the

commissioner of insurance, or the commissioner of workers'

compensation; or

(2) the governing board of an institution of higher education.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 622, Sec. 1, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.006, eff. September 1, 2005.

Sec. 551.045. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY

MEETING OR EMERGENCY ADDITION TO AGENDA. (a) In an emergency or

when there is an urgent public necessity, the notice of a meeting

or the supplemental notice of a subject added as an item to the

agenda for a meeting for which notice has been posted in

accordance with this subchapter is sufficient if it is posted for

at least two hours before the meeting is convened.

(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; or

(2) a reasonably unforeseeable situation.

or urgent public necessity in the notice or supplemental notice

under this section.

(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.

(e) For purposes of Subsection (b)(2), the sudden relocation of

a large number of residents from the area of a declared disaster

to a governmental body's jurisdiction is considered a reasonably

unforeseeable situation for a reasonable period immediately

following the relocation. Notice of an emergency meeting or

supplemental notice of an emergency item added to the agenda of a

meeting to address a situation described by this subsection must

be given to members of the news media as provided by Section

551.047 not later than one hour before the meeting.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

258, Sec. 3.06, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1325, Sec. 1, eff. June 15, 2007.

Sec. 551.046. EXCEPTION TO GENERAL RULE: COMMITTEE OF

LEGISLATURE. The notice of a legislative committee meeting shall

be as provided by the rules of the house of representatives or of

the senate.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.047. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING

OR EMERGENCY ADDITION TO AGENDA. (a) The presiding officer of a

governmental body, or the member of a governmental body who calls

an emergency meeting of the governmental body or adds an

emergency item to the agenda of a meeting of the governmental

body, shall notify the news media of the emergency meeting or

emergency item as required by this section.

(b) The presiding officer or member is required to notify only

those members of the news media that have previously:

(1) filed at the headquarters of the governmental body a request

containing all pertinent information for the special notice; and

(2) agreed to reimburse the governmental body for the cost of

providing the special notice.

telephone, facsimile transmission, or electronic mail.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

380, Sec. 1, eff. June 15, 2007.

Sec. 551.048. STATE GOVERNMENTAL BODY: NOTICE TO SECRETARY OF

STATE; PLACE OF POSTING NOTICE. (a) A state governmental body

shall provide notice of each meeting to the secretary of state.

(b) The secretary of state shall post the notice on the

Internet. The secretary of state shall provide during regular

office hours a computer terminal at a place convenient to the

public in the office of the secretary of state that members of

the public may use to view the notice.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 622, Sec. 2, eff.

Sept. 1, 1999.

Sec. 551.049. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE.

A county governmental body shall post notice of each meeting on

a bulletin board at a place convenient to the public in the

county courthouse.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.050. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING

NOTICE. A municipal governmental body shall post notice of each

meeting on a bulletin board at a place convenient to the public

in the city hall.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.051. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. 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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.052. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA.

(a) A school district shall provide special notice of each

meeting to any news media that has:

(1) requested special notice; and

(2) agreed to reimburse the district for the cost of providing

the special notice.

(b) The notice shall be by telephone, facsimile transmission, or

electronic mail.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

380, Sec. 2, eff. June 15, 2007.

Sec. 551.053. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO

FOUR OR MORE COUNTIES: NOTICE TO PUBLIC, SECRETARY OF STATE, AND

COUNTY CLERK; PLACE OF POSTING NOTICE. (a) The governing body

of a water district or other district or political subdivision

that extends into four or more counties shall:

(1) post notice of each meeting at a place convenient to the

public in the administrative office of the district or political

subdivision;

(2) provide notice of each meeting to the secretary of state;

and

(3) 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.

(b) The secretary of state shall post the notice provided under

Subsection (a)(2) on the Internet. The secretary of state shall

provide during regular office hours a computer terminal at a

place convenient to the public in the office of the secretary of

state that members of the public may use to view the notice.

Subsection (a)(3) on a bulletin board at a place convenient to

the public in the county courthouse.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 622, Sec. 3, eff.

Sept. 1, 1999.

Sec. 551.054. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO

FEWER THAN FOUR COUNTIES: NOTICE TO PUBLIC AND COUNTY CLERKS;

PLACE OF POSTING NOTICE. (a) The governing body of a water

district or other district or political subdivision that extends

into fewer than four counties shall:

(1) post notice of each meeting at a place convenient to the

public in the administrative office of the district or political

subdivision; and

(2) provide notice of each meeting to the county clerk of each

county in which the district or political subdivision is located.

(b) A county clerk shall post the notice provided under

Subsection (a)(2) on a bulletin board at a place convenient to

the public in the county courthouse.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.055. INSTITUTION OF HIGHER EDUCATION. 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

(3) may post notice of a meeting at another place convenient to

the public.

Added by Acts 1995, 74th Leg., ch. 209, Sec. 1, eff. May 23,

1995.

Sec. 551.056. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN

MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE

DISTRICTS, AND DEVELOPMENT CORPORATIONS. (a) This section

applies only to a governmental body or economic development

corporation that maintains an Internet website or for which an

Internet website is maintained. This section does not apply to a

governmental body described by Section 551.001(3)(D).

(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:

(1) a municipality;

(2) a county;

(3) a school district;

(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);

and

(6) a regional mobility authority included within the meaning of

an "authority" as defined by Section 370.003, Transportation

Code.

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

(6) a regional mobility authority included within the meaning of

an "authority" as defined by Section 370.003, Transportation

Code.

(d) The validity of a posted notice of a meeting or an agenda by

a governmental body or economic development corporation subject

to this section that made a good faith attempt to comply with the

requirements of this section is not affected by a failure to

comply with a requirement of this section that is due to a

technical problem beyond the control of the governmental body or

economic development corporation.

Added by Acts 2005, 79th Leg., Ch.

340, Sec. 1, eff. January 1, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

814, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.10, eff. April 1, 2009.

SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN

Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A

governmental body may not conduct a private consultation with its

attorney except:

(1) when the governmental body seeks the advice of its attorney

about:

(A) pending or contemplated litigation; or

(B) a settlement offer; or

(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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED

MEETING. A governmental body may conduct a closed meeting to

deliberate the purchase, exchange, lease, or value of real

property if deliberation in an open meeting would have a

detrimental effect on the position of the governmental body in

negotiations with a third person.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.0725. COMMISSIONERS COURTS: DELIBERATION REGARDING

CONTRACT BEING NEGOTIATED; CLOSED MEETING. (a) The

commissioners court of a county with a population of 400,000 or

more 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

(2) the attorney advising the commissioners court issues a

written determination that deliberation in an open meeting would

have a detrimental effect on the position of the commissioners

court in negotiations with a third person.

(b) Notwithstanding Section 551.103(a), Government Code, the

commissioners court must make a tape recording of the proceedings

of a closed meeting to deliberate the information.

Added by Acts 2003, 78th Leg., ch. 1287, Sec. 1, eff. June 21,

2003.

Sec. 551.0726. TEXAS FACILITIES COMMISSION: DELIBERATION

REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. (a) The

Texas Facilities Commission 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 commission votes unanimously that deliberation in an

open meeting would have a detrimental effect on the position of

the state in negotiations with a third person; and

(2) the attorney advising the commission issues a written

determination finding that deliberation in an open meeting would

have a detrimental effect on the position of the state in

negotiations with a third person and setting forth that finding

therein.

(b) Notwithstanding Section 551.103(a), the commission must make

a tape recording of the proceedings of a closed meeting held

under this section.

Added by Acts 2005, 79th Leg., Ch.

535, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 3.05, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 11.011, eff. September 1, 2009.

Sec. 551.073. DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED

MEETING. A governmental body may conduct a closed meeting to

deliberate a negotiated contract for a prospective gift or

donation to the state or the governmental body if deliberation in

an open meeting would have a detrimental effect on the position

of the governmental body in negotiations with a third person.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (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

(2) to hear a complaint or charge against an officer or

employee.

(b) Subsection (a) does not apply if the officer or employee who

is the subject of the deliberation or hearing requests a public

hearing.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 551.0745. PERSONNEL MATTERS AFFECTING COUNTY ADVISORY BODY;

CLOSED MEETING. (a) This chapter does not require the

commissioners court of a county to conduct an open meeting:

(1) to deliberate the appointment, employment, evaluation,

reassignment, duties, discipline, or dismissal of a member of an

advisory body; or

(2) to hear a complaint or charge against a member of an

advisory body.

(b) Subsection (a) does not apply if the individual who is the

subject of the deliberation or hearing requests a public hearing.

Added by Acts 1997, 75th Leg., ch. 659, Sec. 1, eff. Sept. 1,

1997.

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.

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.

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, Sec. 3.07, eff. September 1, 2007.

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.

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.

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.

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, Sec. 11.120, eff. September 1, 2005.

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, Sec. 25.071, eff. September 1, 2009.

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.

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.

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.

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.

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.

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.

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.

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,

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.

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) "Competitive matter" means a utility-related matter that the

public power utility governing body in good faith determines by a

vote under this section is related to the public power utility's

competitive activity, including commercial information, and

would, if disclosed, give advantage to competitors or prospective

competitors but may not be deemed to include the following

categories of information:

(A) information relating to the provision of distribution access

service, including the terms and conditions of the service and

the rates charged for the service but not including information

concerning utility-related services or products that are

competitive;

(B) information relating to the provision of transmission

service that is required to be filed with the Public Utility

Commission of Texas, subject to any confidentiality provided for

under the rules of the commission;

reliability and continuity of service, to the extent not

security-sensitive, that relates to emergency management,

identification of critical loads such as hospitals and police,

records of interruption, and distribution feeder standards;

(D) any substantive rule of general applicability regarding

service offerings, service regulation, customer protections, or

customer service adopted by the public power utility as

authorized by law;

(E) aggregate information reflecting receipts or expenditures of

funds of the public power utility, of the type that would be

included in audited financial statements;

(F) information relating to equal employment opportunities for

minority groups, as filed with local, state, or federal agencies;

(G) information relating to the public power utility's

performance in contracting with minority business entities;

(H) information relating to nuclear decommissioning trust

agreements, of the type required to be included in audited

financial statements;

(I) information relating to the amount and timing of any

transfer to an owning city's general fund;

(J) information relating to environmental compliance as required

to be filed with any local, state, or national environmental

authority, subject to any confidentiality provided under the

rules of those authorities;

(K) names of public officers of the public power utility and the

voting records of those officers for all matters other than those

within the scope of a competitive resolution provided for by this

section;

(L) a description of the public power utility's central and

field organization, including the established places at which the

public may obtain information, submit information and requests,

or obtain decisions and the identification of employees from whom

the public may obtain information, submit information or

requests, or obtain decisions; or

(M) information identifying the general course and method by

which the public power utility's functions are channeled and

determined, including the nature and requirements of all formal

and informal policies and procedures.

governing body to conduct an open meeting to deliberate, vote, or

take final action on any competitive matter, as that term is

defined in Subsection (b)(3). Before a public power utility

governing body may deliberate, vote, or take final action on any

competitive matter in a closed meeting, the public power utility

governing body must first make a good faith determination, by

majority vote of its members, that the matter is a competitive

matter that satisfies the requirements of Subsection (b)(3). The

vote shall be taken during the closed meeting and be included in

the certified agenda or tape recording of the closed meeting. If

a public power utility governing body fails to determine by that

vote that the matter satisfies the requirements of Subsection

(b)(3), the public power utility governing body may not

deliberate or take any further action on the matter in the closed

meeting. 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.

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.

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.

Sec. 551.089. DEPARTMENT OF INFORMATION RESOURCES. This chapter

does not require the governing board of the Department of

Information Resources 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, Sec. 3, eff. September 1, 2009.

SUBCHAPTER E. PROCEDURES RELATING TO CLOSED 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.

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.

Sec. 551.103. CERTIFIED AGENDA OR TAPE RECORDING REQUIRED. (a)

A governmental body shall either keep a certified agenda or make

a tape 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.

(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 tape 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.

Sec. 551.104. CERTIFIED AGENDA OR TAPE; PRESERVATION;

DISCLOSURE. (a) A governmental body shall preserve the

certified agenda or tape 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 tape

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 tape;

(2) may admit all or part of the certified agenda or tape 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 tape of any part

of a meeting that was required to be open under this chapter.

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.

SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR

INTERNET

Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER

EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER

EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE

ACTION. (a) In this section, "governing board," "institution of

higher education," and "university system" have the meanings

assigned by Section 61.003, Education Code.

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

board, the Board for Lease of University Lands, or the Texas

Higher Education Coordinating Board, as applicable, is difficult

or impossible.

(d) The telephone conference call meeting is subject to the

notice requirements applicable to other meetings.

(f) 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 tape recorded. The tape

recording shall be made available to the public.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 4.05, 4.06,

eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

538, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

538, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

778, Sec. 2, eff. June 15, 2007.

Reenacted by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 11.013, eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 11.014, eff. September 1, 2009.

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.

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

tape-recorded. The tape 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, Sec. 1, eff. June 15, 2007.

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.

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.

Sec. 551.125. OTHER GOVERNMENTAL BODY. (a) Except as otherwise

provided by this subchapter, this cha

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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