This section does not apply to a governmental body described by Section 551.001(3)(D). Acts 2015, 84th Leg., R.S., Ch. (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. 551.071. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business. Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. If no principal office, then post at the meeting location Posted on website in accordance with 74 O.S. 885 (H.B. (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and. 861 (H.B. 1233), Sec. DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FOUR OR MORE COUNTIES: NOTICE TO PUBLIC, SECRETARY OF STATE, AND COUNTY CLERK; PLACE OF POSTING NOTICE. 976), Sec. 471), Sec. (3) the meeting is held by an advisory board. (a) This chapter does not require the governing board of a municipal hospital, municipal hospital authority, county hospital, county 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. 11), Sec. Statutes outside of the Act may also apply to specific entities to allow closed sessions in specific 1, eff. 551.007. 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 (b) An offense under Subsection (a) is a Class C misdemeanor. of the Government Code . DELIBERATION REGARDING TEST ITEM. (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. (b) The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate. Schedule of regular meetings Publication in state register Notice of change "Regular . The notice must also specify: (1) the location of the meeting where a quorum of the board or board committee, as applicable, will be physically present; and. 1276, Sec. 917 (S.B. 1, eff. GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH CARE SERVICES. 2313), Sec. (c) The board or a board committee may hold a meeting by telephone conference call only if a quorum of the applicable board or board committee is physically present at one location of the meeting. (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. 4, eff. 1969), Sec. For a meeting of the governing board of a university system, the notice must specify as the location of the meeting the board's conference room at the university system office. 1, eff. Added by Acts 1993, 73rd Leg., ch. The district shall maintain a copy of the recording for at least one year after the date of the hearing. 1969), Sec. (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. 9.012, eff. chance meetings. Sec. (a-3) A member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. (B) open meeting that is a work session or special called meeting if: (i) the governmental body is an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more; and, (ii) at the work session or special called meeting, the board of trustees votes on any matter or allows public comment or testimony; and. 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 . 5.02(a), eff. (b) The court may assess costs of litigation and reasonable attorney fees incurred by a plaintiff or defendant who substantially prevails in an action under Subsection (a). (b-3) A governmental body described by Subsection (b-1) that maintains an Internet site shall make available on that site, in a conspicuous manner: (1) the archived recording of each meeting to which Subsection (b-1) applies; or. Sec. May 18, 2013. (b) This section applies only to a water district whose territory includes land in three or more counties. 105 (S.B. (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection (c); or. Lewis v. Cleveland Mun. Learn about them here. (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. (b) Except as provided by Subsection (b-1) and subject to the requirements of this section, a governmental body may broadcast an open meeting over the Internet. 303 Advanced Notice of Times and Places, 25 O.S. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. 11.120, eff. Added by Acts 1993, 73rd Leg., ch. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. Sec. (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. (e) The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the governmental body will be physically present and specify the intent to have a quorum present at that location, except that the notice of a meeting to be held by videoconference call under Subsection (c) must specify as a location of the meeting the location where the member of the governmental body presiding over the meeting will be physically present and specify the intent to have the member of the governmental body presiding over the meeting present at that location. (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 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. 1, eff. (a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or. The AG's Open Government Training Information website includes free OMA training videos and related information for governmental officials. 1046), Sec. 551.085. DISCLOSURE OF CERTIFIED AGENDA OR RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY. 681 (H.B. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. (d) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. (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. 159 (S.B. Sec. GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. Acts 2007, 80th Leg., R.S., Ch. (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. 1, eff. SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS. (3) may post notice of a meeting at another place convenient to the public. Sept. 1, 1999. 7, eff. INVESTIGATION; EXCLUSION OF WITNESS FROM HEARING. 551.144. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting. (e) A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service. Gov't ode 551.056(d). 27), Sec. 3, eff. MINUTES AND RECORDINGS OF OPEN MEETING: PUBLIC RECORD. Acts 2015, 84th Leg., R.S., Ch. Oldham v. Drummond Bd. Acts 2013, 83rd Leg., R.S., Ch. 405, Sec. Sec. (b-4) A governmental body described by Subsection (b-1) shall: (1) make the archived recording of each meeting to which Subsection (b-1) applies available on the Internet not later than seven days after the date the recording was made; and. (7) "Recording" means a tangible medium on which audio or a combination of audio and video is recorded, including a disc, tape, wire, film, electronic storage drive, or other medium now existing or later developed. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 283), Sec. Amended by Acts 1999, 76th Leg., ch. (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. Third, to conduct such meetings in open session, except where a . 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 2003, 78th Leg., ch. (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. FOIA. September 1, 2019. June 15, 2007. Sec. 551.127. 630, Sec. Acts 2013, 83rd Leg., R.S., Ch. A meeting may take place by teleconference (either audio only or both audio and video), but the meeting must (1) comply with all of the other requirements of the open meetings laws (e.g., notice requirements); (2) be audible to the public at the location specified in the notice of the open meeting; (3) have at least one member of the government B. C. . Sec. 3.10, eff. September 1, 2013. See Fact Sheet: OMAPosting Requirements for more details. 1233), Sec. September 1, 2007. 306 Vote by Electronic or Telephonic Communications, 25 O.S. Acts 2005, 79th Leg., Ch. 809 (H.B. Sec. See, e.g., Terrell v. Pampa Indep. (2) maintain the archived recording on the Internet for not less than two years after the date the recording was first made available. 685 (H.B. (b) Notwithstanding Section 551.103(a), the commission must make a recording of the proceedings of a closed meeting held under this section. COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. (2) agreed to reimburse the governmental body for the cost of providing the special notice. June 4, 2001. Sec. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING. 308 Meeting between Governor and Majority Members of Public Body, 25 O.S. 551.091. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. (e) The governmental body may not vote or take any action that is required to be taken at a meeting under this chapter of the governmental body by posting a communication to the online message board or similar Internet application. 538 (S.B. May 18, 2013. Sept. 1, 2001. (b) The portion of the telephone conference call meeting that is open shall be recorded. Sec. Acts 2007, 80th Leg., R.S., Ch. Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures, Mass. Sec. Excerpt: City of Milan Council Rules of Procedure . Added by Acts 1993, 73rd Leg., ch. MEETING NOTICE REQUIREMENTS IN CERTAIN CIRCUMSTANCES. (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. (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. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. 20 (S.B. 5.01(a), eff. (a) In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. Acts 2013, 83rd Leg., R.S., Ch. May 18, 2013. 1, eff. 647, Sec. Sec. 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. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. May 18, 2013. 925, Sec. Added by Acts 2005, 79th Leg., Ch. 647, Sec. Sec. 307 Executive Sessions 25 O.S. 1640), Sec. (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). (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. 304 Definitions used in Open Meeting Act, 25 O.S. 551.0501. VIDEOCONFERENCE CALL. 87 (S.B. 1, eff. This chapter does not require an enforcement committee appointed by the Texas State Board of Public Accountancy to conduct an open meeting to investigate and deliberate a disciplinary action under Subchapter K, Chapter 901, Occupations Code, relating to the enforcement of Chapter 901 or the rules of the Texas State Board of Public Accountancy. Failure to meet both requirements results in the action being invalid. The purpose for a public meeting is to allow the public to observe the affairs of government, which may not include obtaining citizen input. A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. 1, 2001 ; Acts 2003, 78th Leg., R.S., Ch of a meeting by. Information for governmental officials, 85th Leg., open meetings act posting requirements, Ch 25.. Recording for at least one year after the date of the telephone conference call is subject to the Extending. 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