CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. September 1, 2007. 303 Advanced Notice of Times and Places, 25 O.S. If post to website, you must also . (a) In this section, "board" means the board of trustees of the Teacher Retirement System of Texas. The Open Meetings Act (OMA) took effect in 1977 and created a new structure for transparency and accountability for governmental decision making. June 17, 2005. (g) The authority provided by this section is in addition to the authority provided by Section 551.125. 2, eff. Open Meeting Act and Open Records Act . Aug. 30, 1999; Acts 2001, 77th Leg., ch. (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. Sec. 551.125. (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and. (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. OPEN MEETINGS REQUIRED BY CHARTER. Sept. 1, 1993. (2) either provide notice of each meeting to the county clerk of each county in which the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. Under subsection (1) of this section, the Legislature has imposed only two conditions on the public body's notification method of a public meeting: (1) It must give reasonable advance publicized notice of the time and place of each meeting and (2) it must be recorded in the public body's minutes. (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. The minutes and 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. (c) A governmental body may adopt reasonable rules regarding the public's right to address the body under this section, including rules that limit the total amount of time that a member of the public may address the body on a given item. The AG's Open Government Training Information website includes free OMA training videos and related information for governmental officials. Acts 2013, 83rd Leg., R.S., Ch. 265 (H.B. 494), Sec. Enhanced website made possible with American Rescue Plan Act funds as administered by Institute of Museum and Library Services. (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. 76, Sec. (j) The audio and video signals perceptible by members of the public at each location of the meeting described by Subsection (h) must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. Amended by Acts 1999, 76th Leg., ch. Sec. 1007 (H.B. Sec. June 18, 1997. (7) a joint board created under Section 22.074, Transportation Code. SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR INTERNET. of Ed., 1975 OK 147, 542 P.2d 1309. . 471), Sec. Added by Acts 1999, 76th Leg., ch. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. (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. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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). 471), Sec. INTERNET BROADCAST OF OPEN MEETING. 1, eff. 1, eff. 1, eff. May 18, 2013. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. The Attorney General has the statutory authority to enforce OMA and to ensure that those public meetings covered by OMA are in compliance with state law. September 1, 2015. 551.145. 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. 925 (S.B. 115 (S.B. (d) The notice of the telephone conference call meeting must specify as the location of the meeting the location where meetings of the governmental body are usually held. 9.012, eff. (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. 551.076. (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. 1, eff. PERSONNEL MATTERS; CLOSED MEETING. 551.077. September 1, 2013. 268, Sec. (a) In this section, "board" means the Texas Higher Education Coordinating Board. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY. 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. 87 (S.B. The recording shall be made available to the public. Sec. Gov't ode 551.056(d). (2) "Deliberation" means a verbal or written exchange 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. (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. Acts 2013, 83rd Leg., R.S., Ch. (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. 342 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. Sept. 1, 1999. Oklahoma City, OK 73105, Office Hours: Aug. 28, 1995. Renumbered from Sec. 551.071. (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. Is a meeting subject to OMA even if no votes are taken? Public notice requirements - a meeting of a public body cannot be held unless public notice is given consistent with the . September 1, 2009. 7. Amended by Acts 1997, 75th Leg., ch. Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures, Mass. 679), Sec. Added by Acts 1997, 75th Leg., ch. Sec. 471), Sec. Added by Acts 2003, 78th Leg., ch. Sec. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. 2313), Sec. 1969), Sec. 1, eff. 551.003. Acts 2019, 86th Leg., R.S., Ch. 647, Sec. 16, eff. 3.06, eff. Added by Acts 1995, 74th Leg., ch. 944, Sec. (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. 87 (S.B. Added by Acts 2005, 79th Leg., Ch. June 4, 2001. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. Added by Acts 1993, 73rd Leg., ch. Sec. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. The Open Meeting Law requires public bodies to follow certain rules when conducting business in meetings. (b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460, Transportation Code, an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, or a county commissioners court for a county that has a population of 125,000 or more shall: (1) make a video and audio recording of reasonable quality of each: (A) regularly scheduled open meeting that is not a work session or a special called meeting; and. 3, eff. Your right to attend public meetings is protected. 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. Sec. 10:4-6 et seq.) (3) the meeting is held by an advisory board. (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. (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. 551.073. (c) The following governmental bodies and economic development corporations must also concurrently post the agenda for the meeting on the Internet website of the governmental body or economic development corporation: (1) a municipality with a population of 48,000 or more; (2) a county with a population of 65,000 or more; (3) a school district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (4) the governing body of a junior college district, including a district that has changed its name in accordance with Chapter 130, Education Code, that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; (5) a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) that was created by or for: (A) a municipality with a population of 48,000 or more; or, (B) a county or district that contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more; and. 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