Cumulative Subject Index
AG Opinions 1990-Present

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PUBLIC MEETINGS
"Deliberative body that has rulemaking or quasi-judicial powers," construing the phraseGA-0361
"Litigation" within Open Meetings Act includes contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation DistrictGA-0334
Advisory board permitted to meet by telephone conference call under the Open Meetings Act, whether the Real Estate Inspector Committee constitutesGA-0379
Advisory committee, qualifications of persons to be appointed to may not be discussed in executive sessionDM-0149
Agenda preparation for city council meeting, home-rule city may adopt reasonable rules forDM-0473
Alternate licensed bail bond surety to serve on county bail bond board when licensed bail bond surety representative is unable to attend meetings, board may not permitJC-0428
Appointment of members to Dallas Area Rapid Transit Board, city council may discuss in executive session but may take final action only in an open meetingLO94-063
Assessor-collector who serves as nonvoting member of appraisal district board is counted in determining presence of quorumJC-0580
Attendance by a quorum of the members of the board of a state governmental body at a legislative hearing is subject to the Open Meetings Act.JC-0308
Attendance by a quorum of the members of the board of a state governmental body at a legislative hearing is subject to the Open Meetings Act.JC-0308
Briefing sessions, under Open Meetings Act members of a governmental body may consult in private with employees but not other third parties (Overrules Tex. Att'y Gen. Op. No. DM-17 (1991))DM-0191
Certificate or warrant for withdrawal of funds from county treasury, requirement that commissioners court issue in open meeting held in compliance with Open Meetings ActLO95-002
Certified agenda or tape recording of closed meeting, member of governmental body who participated in closed meeting is not "member of the public" and may therefore review agenda or tape if governmental body permits (Overruled to extent inconsistent withDM-0227
City charter provision allowing a majority of a city council to call a special meeting, inconclusive as to whether such provision violates the Open Meetings ActGA-0717
City of Austin Employees Retirement System should post notice of meetings at city hallLO92-034
Civil service hearing, examiner's authority to close to publicLO96-018
Closed meeting, consistently with Open Meetings Act a commissioners court may allow county auditor to attend if it determines that auditor's interests are not adverse to county's and that auditor's presence is necessary to anticipated discussion, althoughJC-0506
Closed session, notice requirements for deliberation of appointment of officer or employee inLO92-009
Commissioners court may set reasonable limits on presentations, but may not unreasonably discriminateLO96-111
Committee of city and county officials and employees who meet to share information about jail conditions but does not supervise or control public business or public policy is not subject to Open Meetings ActGA-0504
Committee of city and county officials and employees who meet to share information about jail conditions but does not supervise or control public business or public policy is not subject to Open Meetings ActGA-0504
Common-law standard for determining majority vote by school district board of trustees to act in its official capacity, section 11.051(a-1), Texas Education Code, does not alterGA-0689
Criminal liability under Open Meetings Act, person who is not a member of the commissioners court may be charged with a violation of the Act, but only if the person aids or assists a member or members who knowingly act to violate the ActJC-0307
Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place an item on agenda or vote a certain way does not commit an offense under the Act, even if he or shJC-0307
Directors of water district who have not yet taken oath of office do not count for purpose of determining presence of quorum in public meetingGA-0355
Dispense with monthly meetings for three successive months, authority of city council of Type A or Type B general law city to JC-0028
Electronic communications could, depending on the facts of a particular case, constitute a "meeting" for purposes of the Texas Open Meetings Act.GA-0896
Emergency meetings by telephone under Open Meetings Act, if quorum of governmental body appears at one location, absent members may not participate by telephone conference callJC-0352
Emergency meetings by telephone, under Open Meetings Act notice of meeting need not state meeting will be held by telephone conference callJC-0352
Emergency notice requires statement of reason for emergency or urgent public necessityJC-0406
Emergency, a statutorily required action is not reasonably unforeseeable for purposes of Open Meetings Act definition of "emergency"JC-0406
Employee briefing sessions excluded from Open Meetings Act definition of "meeting" and are not subject to act, briefing sessions with other third parties are meetings subject to the act (Overrules Tex. Att'y Gen. Op. No. DM-17 (1991))DM-0191
Ex officio board members with no voting power should not be counted in determining quorumDM-0160
Executive session of public meeting may be continued until following dayJC-0285
Executive session to consult with attorney, notice of JC-0057
Executive session to review medical records, authority of retirement system board of trustees acting as medical board or committee to holdDM-0340
Executive session under Open Meetings Act, complaints committee of Board of Examiners of Professional Counselors, consultation with its attorney inLO96-116
Executive session under Open Meetings Act, governmental body may meet in to consult with attorney regarding pending or contemplated quasi-judicial administrative proceedingsLO96-116
Executive session under Open Meetings Act, testing committees reviewing contents of licensing examinations may not meet in to discuss test questions and answersLO96-058
Executive session, Act does not require advance notice that subject will be considered in, rather than in open meetingLO90-027
Executive session, commissioners court has discretion as to whether to admit county clerk to itsGA-0277
Executive session, commissioners court not authorized to meet in to discuss proposed city or county property tax abatementLO97-096
Executive session, county hospital district board of managers' authority to exclude county attorneyLO97-017
Executive session, initial determination regarding authority to hold rests with governmental bodyLO95-082
Executive session, interested person may bring mandamus to preventLO95-082
Executive session, release to county clerk of tape of, would not make tape publicGA-0277
Executive session, whether insurance guaranty associations may meet in executive session to discuss information made confidential by statuteDM-0284
Executive sessions of board of trustees, contractual requirement that superintendent attend is valid under Open Meetings ActJC-0375
Exemption from Open Meetings Act for governing body of hospital district when acting as medical peer review committeeJC-0108
Grievance, discipline, and evaluation proceedings, employee subject to has right to open meeting but no right to insist upon closed meetingJM-1191
Informational meeting consisting only of invitees, Sulphur Basin River Authority may hold where quorum of Authority board is presentGA-0098
Input regarding a public officer or employee, under the Open Meetings Act members of the public are not permitted to attend a closed meeting to give GA-0511
Joint statement on matter of governmental business of policy, deliberation on statement is subject to the Open Meetings ActDM-0095
Local government corporations, whether subject to Open Meetings ActJC-0335
Nonprofit water supply corporation, notice of meeting to amend bylawsLO96-042
Notice of a closed meeting need not cite the section or subsection number of the provisions authorizing the closed meeting GA-0511
Notice of meeting, commissioners court must repost if meeting is continued to any day other than day immediately followingDM-0482
Notice required for "personal endorsement" motionGA-0477
Notice stating that subject will be discussed in open or closed sessionJC-0057
Notice to members of a governmental body not governed by Open Meetings Act, under common law predating Act, court may void action taken by governmental body at meeting for which members did not receive noticeJC-0352
Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the ActJC-0307
Open Meetings Act, members of a governmental body who knowingly conspire to gather in numbers that do not physically constitute a quorum at any one time but who, through successive gatherings, secretly discuss a public matter with a quorum of that body viGA-0326
Open Meetings Act, section 551.143 is not on its face void for vaguenessGA-0326
Open Meetings Act, Texas State Library and Archives Commission’s rule requiring a state agency to create and maintain written minutes of the agency’s open meetings is invalid under theGA-0727
Open meetings notices, county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to receive and postGA-0152
Open meetings notices, county clerk may not charge a fee to governmental bodies to retainGA-0152
Personnel matter over which governmental body lacks ultimate authority, discussion of the personnel matter in a closed meeting does not violate the Open Meetings Act as a matter of lawJC-0167
Personnel matters, meetings at which discussed only required to be open if affected officer or employee so requestsLO90-048
Portions of a “closed meeting” attended by members of the public were “not permitted” within section 551.144(a). GA-0511
Proposed contract, governmental body may hold executive session to receive advice from its attorney on legal issues raised by, but may not engage in general policy discussion of non-legal matters merely because attorney is presentJC-0233
Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
Public comment sessions in which members of the public address a governmental body are "meetings" subject to notice requirements of Open Meetings Act as amended by House Bill 156 of 76th Legislature, but notice may be highly generalJC-0169
Public meeting in Mexico, University of Texas Board of Regents may not holdJC-0487
Quorum of city council of Type A general law cityJC-0028
Ratification of "personal endorsement" actionGA-0477
Record of executive session meeting, disclosure ofLO93-105
Robert's Rules of Order provides that a majority vote is cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting at which a quorum is presentGA-0412
School board's option under Open Meetings Act to hold executive session for personnel matters and parent's right to public session regarding discipline of child, resolution of conflict betweenLO95-082
School district board of trustees, open and closed meetings must be held within boundaries of the school districtLO96-048
Security personnel in exception to Open Meetings Act includes law enforcement personnel of sheriff's officeLO93-105
Setting salaries of elected county officials, procedure forLO95-018
Special notice provision for meeting of governing board of single institution of higher education, whether applicable to junior college boardLO96-016
Staff briefing sessions in which employees of a governmental body report to the governmental body are "meetings" subject to the notice requirements of the Open Meetings Act as amended by House Bill 156 of the 76th Legislature, and notice should disclose sJC-0169
Tape of executive session, commissioners court is proper custodian ofGA-0277
Tape recording of an executive session of a meeting, governmental body may not permit member of body to copy for his own useLO98-033
Tape recording of an executive session of a meeting, member of governmental body may not copy for his own useLO98-033
Tape recording of closed meeting may be reviewed by member of governmental body who did not attend meeting, but copy of tape may not be providedJC-0120
Tape recording of executive session, district judge lacks authority to order county clerk to release absent pending litigation under Open Meetings Act (Withdrawn by Tex. Att'y Gen. Op. No. JM-1249A (1990))JM-1249
Telephone conference, authority of insurance guaranty associations to meet byDM-0284
Telephone conversations between city council members, contravention of Open Meetings Act byLO95-055
Telephone or videoconference call, governmental body may meet by only as expressly authorized by Open Meetings Act (Affirming Tex. Att'y Gen. Op. No. DM-478 (1998))JC-0194
Telephone participation in meeting not contemplated by Open Meetings Act and vote of member who does so may not be countedLO94-031
Third party administrator of county health benefits program, administrator is not an officer or employee for purpose of executive session deliberations concerning complaints againstJC-0411
Video transmission, Open Meetings Act prohibits governmental body from permitting member to attend a meeting of the body via liveDM-0207
Videoconference call, authority of governing board of institution of higher education to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))DM-0478
Videoconference call, governmental body must recess or adjourn meeting via if technical difficulties prevent members of public at any remote location from seeing or hearing open portions of meetingDM-0480
Where city charter defines quorum as five members, removal from office of members does not reduce number required for quorumGA-0175
Entities Subject to Open Meetings Act
Ad hoc intergovernmental working group to coordinate foreclosures and sales of delinquent tax properties is not as a matter of law a "governmental body" under the Open Meetings ActJC-0160
Adequate notice, city manager’s report, mayor’s update, and Council and other reports are notGA-0668
Automobile Insurance Plan AssociationLO95-067
Board of health maintenance organization established by hospital district not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcommitJC-0407
Border Health Institute is subject to the ActGA-0280
Bryan Business Council is not subject to Open Meetings ActGA-0206
Bryan-College Station Economic Development Corporation, nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development is not a governmental body subject to Open Meetings ActJC-0327
Chamber of commerce subcommittee, which spends public funds under contract with city and which includes member of city council, is not subject to ActLO96-113
Chamber of commerce that receives funds from city and contracts with city is not subject to ActLO93-055
Charitable Campaign Policy Committee and related local committees are subject to the Act, but advisory committee is notLO94-064
Closed session to receive information from and ask questions of staff and companies responding to request for proposals for rail system, Houston Metropolitan Transit Authority was not participating in meeting subject to Act by meeting in (Overruled by TeDM-0017
Committee of Funeral Service Commission subject to act only when performing supervisory functionsLO97-058
Community justice council established by district judges is not a "special district" or other entity subject to ActJM-1185
County election commission is not subject to the Open Meetings ActGA-0361
County salary grievance committee subject to ActLO94-031
Daughters of the Republic of Texas is a private corporation that acts as trustee for the Alamo on behalf of the State of Texas and is not a "governmental body" under the ActLO98-061
Development corporation created under Development Corporation Act of 1979, board of directors subject to ActLO96-104
Discussion among board members of Houston Metropolitan Transit Authority about companies' responses to proposals for rail system, Act does not authorize Board to hold closed meeting to engage in (Overruled by Tex. Att'y Gen. Op. No. DM-191 (1992))DM-0017
Edwards Aquifer Authority, committee of the Authority is subject to Open Meetings Act when majority of board members attends meeting of committeeJC-0313
Emergency Medical Services, commissioners court must administer as a body at meeting subject to ActLO94-046
Evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to Open Meetings ActJC-0060
Executive session, Interagency Council on Pharmaceuticals Bulk Purchasing is not authorized to meet in executive session to discuss drug pricing made confidential by statuteGA-0019
Health Maintenance Organization Solvency Committee created under Insurance CodeDM-0284
HIV health services planning council or HIV care consortiumLO95-036
Housing authority (municipal, county, or regional) created under chapter 392 of the Local Government Code, subject to ActDM-0426
Interagency Council on Pharmaceuticals Bulk Purchasing is a governmental body that has supervision or control over public business and is thus subject to Open Meetings ActGA-0019
Issue county commissioners court has previously taken final action on, court may discuss at subsequent meeting provided subject set out in public notice in accordance with the ActDM-0228
Judges involved in management of Community Supervision and Corrections Department, committee of is subject to ActDM-0395
Life, Accident, Health, and Hospital Service Insurance Guaranty Association created under the Insurance CodeDM-0284
Logan Slough Creek Improvement District is subject to the Open Meetings ActGA-0756
Meeting of governmental body under Government Code section 551.001(4), if a quorum of the governmental body attends a committee meeting and deliberates about public business or public policy over which the governmental body has supervision or control, it will constitute a Notice should be posted for a meeting of the governmental body if a quorum of the governmental body attends a committee meeting and deliberates about public business or public policy over which the governmental body has supervision or control Notice posted for a committee meeting that indicates a quorum of the governmental body may attend, a court would likely conclude such notice is sufficient to notify the public of such a meeting, as long as the other requirements of the Act are metGA-0957
Nonprofit corporation created but not controlled by state agency not subject to ActLO96-146
Nonprofit corporation that administers federal grant for benefit of county not subject to ActLO94-090
Nonprofit organization funded by Texas Commission for the Arts, fact that organization receives a grant of money from state agency does not by itself make it a governmental body subject it to the ActLO90-058
North Bosque Water Supply Corporation is not subject to Open Meetings Act if it does not meet certain statutory provisionsLO98-040
Parker County Committee on Aging is not "governmental body" subject to the ActDM-0007
Partnership Advisory Commission is generally not subject to the Open Meetings ActGA-0999
Peer Advisory Review Panel of Commission on the Arts not subject to Open Meetings Act, because members of panel are consultants rather than commission members (Overrules Tex. Att'y Gen. LO-89-001)LO90-033
Pricing committee appointed by the Texas Public Finance Authority board of directors is a governmental body subject to the Open Meetings ActJC-0053
Private consultation between member of a governmental body and an employee does not constitute a "meeting" within the terms of Government Code chapter 551GA-0989
Property and Casualty Insurance Guaranty Association created under Insurance CodeDM-0284
Property owners’ association in county with more than 2.8 million inhabitants is subject to Act, and may therefore not hold meeting by telephone conference call, except in the limited circumstances described in section 551.125 of the Government CodeGA-0908
Risk Pool for El Paso County Health Benefits Program, Board of Trustees is subject to Open Meetings ActJC-0411
Standing committee of less than a quorum of members of parent body is subject to ActJC-0203
Student fee advisory committee established under section 54.5031 of the Education Code is not subject to requirements of Open Meetings ActGA-0232
Student Service Fee Advisory Committee of Sam Houston State University does not supervise or control public business and is not subject to the ActLO93-064
Subgroup of public body sitting on private board may constitute governmental body subject to the Act if group has been delegated authority regarding public businessLO97-017
Sunset Advisory Commission, state agency testifying before, must itself post notice when quorum of members attend and one or more testifies or otherwise furnishes informationJC-0248
Termination hearing of teacher, board of trustees of school district may not convene in executive session for the hearing when teacher specifically requests that hearing be open to publicDM-0251
Title Insurance Guaranty Association created under Insurance CodeDM-0284
Hospital Districts
Closed meeting, attorney exceptionGA-0472
Closed meeting, economic development exceptionGA-0472
Revised: June 08, 2012