1, eff. Sec. May 23, 2015. (c) In this section, "catastrophe" means a condition or 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; (4) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. (a) In this section, "board" means the board of trustees of the Teacher Retirement System of Texas. 265 (H.B. September 1, 2021. (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. Sec. Sept. 1, 1993. (3) either provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. 1, eff. 306 Vote by Electronic or Telephonic Communications, 25 O.S. May 18, 2013. (2) a recitation of existing policy in response to the inquiry. Added by Acts 2013, 83rd Leg., R.S., Ch. Only with prior approval from the City Attorney for an executive session is the posting requirement excepted. 560 (S.B. 551.0415. (b) (1) Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic transmissions, including . (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. This section does not apply to attendance at the meeting by members of the legislative committee or agency holding the meeting. A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. Amended by Acts 2001, 77th Leg., ch. 1, eff. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1993. (c) Subsection (a) does not apply if an open meeting about the 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. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. 455 (S.B. 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. (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. 87 (S.B. June 15, 2007. 1078 (H.B. 8. 1, eff. Aug. 30, 1999. 307.1 Videoconference Exceptions, 25 O.S. (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. (a) A school district shall provide special notice of each meeting to any news media that has: (2) agreed to reimburse the district for the cost of providing the special notice. Sec. 551.0745. (i) The Department of Information Resources by rule shall specify minimum standards for audio and video signals at a meeting held by videoconference call. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. 471), Sec. 87 (S.B. (d) This subsection applies only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously. Added by Acts 2005, 79th Leg., Ch. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site. 679), Sec. This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. 471), Sec. 3, eff. In the event that a staff member posts a communication to the online message board or similar Internet application, the name and title of the staff member must be posted along with the communication. (a) This section only applies to a special purpose district subject to Chapter 51, 53, 54, or 55, Water Code, that has a population of 500 or more. 380 (S.B. (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. MEETING REQUIREMENTS DURING A DISASTER DECLARATION 1) Standard 48-hour notice of a meeting must be provided, except for an emergency meeting, to all members of the For a meeting of the Board for Lease of University Lands, the notice must specify as the location of the meeting a suitable conference or meeting room at The University of Texas System office. (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. 3560), Sec. Requirements . The audio recordings of open meetings are also public information and the audio recordings of state bodies must be available through the website, either by posting or linking. May 18, 2013. 494), Sec. (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. Sept. 1, 2001. Acts 2015, 84th Leg., R.S., Ch. Sch. 3047), Sec. HTML PDF. Sec. Acts 2013, 83rd Leg., R.S., Ch. 494), Sec. 471), Sec. 1, eff. (b-6) A governmental body described by Subsection (b-1) may broadcast a regularly scheduled open meeting of the body on television. Statutes outside of the Act may also apply to specific entities to allow closed sessions in specific (d) The governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. 925 (S.B. (b) A meeting may be held by videoconference call only if a quorum of the governmental body is physically present at one location of the meeting, except as provided by Subsection (c). Acts 2013, 83rd Leg., R.S., Ch. of all their closed meetings in the form of an audio or video. BOARD OF PARDONS AND PAROLES. 268, Sec. This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business. Acts 2013, 83rd Leg., R.S., Ch. 3.06, eff. Open Government Hotline (512) 478-6736 Toll Free: (877) 673-6839 Public Information Act Handbook Download the Public Information Act Handbook (PDF) How does a charity register with the Attorney Generals Office? Amended by Acts 1997, 75th Leg., ch. 2414), Sec. Acts 2013, 83rd Leg., R.S., Ch. This manual only addresses the Maryland Open Meetings Act, 3-101 through 3-501 of the General Provisions Article of the Maryland Code. May 18, 2013. At the time of an open meeting, a public body is not required to disseminate or June 15, 2007. Sec. September 1, 2017. In addition, a meeting held by video conference call shall: Added by Acts 2013, 83rd Leg., R.S., Ch. 19.01(50), eff. 471), Sec. The act defines meetings as all gatherings of or communications to a quorum of members of a multi-member public agency with the intention of discussing or deciding on public policy. 494), Sec. May 23, 2015. 462 (S.B. 471), Sec. Added by Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Annotations. (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. Sec. 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. Acts 2013, 83rd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Who is subject to OMA? Sept. 1, 2001; Acts 2003, 78th Leg., ch. CERTAIN SCHOOL BOARDS; CLOSED MEETING REGARDING CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE GROUP. (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. CONFERENCE RELATING TO INVESTMENTS AND POTENTIAL INVESTMENTS ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH FUND; CLOSED MEETING. If I am ordered to leave (or forbidden to enter) this meeting, I ask that you advise me of the statutory authority for your action. 592), Sec. Excerpt: City of Milan Council Rules of Procedure . INSTITUTION OF HIGHER EDUCATION. Sec. 2313), Sec. The Open Meeting Act Made Easy is a handbook in a question and answer format that covers the most frequently asked questions about the Texas Open Meetings Act ("the Act"). 462 (S.B. The Washington Open Public Meetings Act (OPMA), codified in chapter 42.30 RCW, requires that all meetings of governing bodies of public agencies, including cities, counties, and special purpose districts, be open to the public. 3, eff. 551.043. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT. The face of each participant in the videoconference call, while that participant is speaking, shall be clearly visible, and the voice audible, to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the physical location described by Subsection (e) and at any other location of the meeting that is open to the public. The Robert's Rules of Order website . 1, eff. (b-2) A governmental body described by Subsection (b-1) may make available the archived recording of a meeting required by Subsection (b-1) on an existing Internet site, including a publicly accessible video-sharing or social networking site. (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. Under KRS 15.257(1), the Office of the Attorney General distributes this written information to assist the public in understanding the Open Meetings and Open Records Acts, and public officials in Sept. 1, 1999; Acts 2003, 78th Leg., ch. (1976 Public Act 267, MCL 15.261 et seq.) WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. 1969), Sec. (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. MEDICAL BOARD OR MEDICAL COMMITTEE. 87 (S.B. 685 (H.B. 551.050. Do you have a guide for buying a used vehicle? (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. Sept. 1, 1993. 1499), Sec. Acts 2015, 84th Leg., R.S., Ch. (2) to hear a complaint or charge against an officer or employee. 1, eff. (6) "Quorum" means a majority of a governmental body, unless defined differently by applicable law or rule or the charter of the governmental body. their meetings, whether open or closed, and a verbatim record. (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. (c) To the extent practicable under the circumstances, the commissioners court shall provide reasonable public notice of a meeting under this section and if the meeting is an open meeting allow members of the public and the press to observe the meeting. (3) record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website. 551.091. 3357), Sec. JOINT BOARD: PLACE OF POSTING NOTICE. 8), Sec. LEGISLATURE. See the Events page for upcoming Sunshine Laws Training Sessions. (g) The governmental body shall make at least an audio recording of the meeting. Added by Acts 2005, 79th Leg., Ch. September 1, 2013. The recording shall be made available to the public. The Texas Department of Information Resources publishes the Videoconferencing Standards (pdf) with which school boards must comply in order to meet by video conference. Sept. 1, 1999. 2840), Sec. 3.05, eff. City of Elkhorn v. (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. 8:00 am to 5:00 pm M-F In this subsection, "directory information" has the meaning assigned by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1613), Sec. Open Public Meetings Act does not apply. (2) a reasonably unforeseeable situation, including: (A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (B) power failure, transportation failure, or interruption of communication facilities; (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. 1, eff. 1276, Sec. Renumbered from Sec. 209, Sec. The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed those standards. 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. 551.0785. Added by Acts 1993, 73rd Leg., ch. 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. 115 (S.B. (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. (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. (f) The location designated in the notice as 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 prior to speaking. The head of the board or commission must be physically present in the designated meeting place and the public must be given access to that meeting space. Aug. 28, 1995. 305 Recording of Votes 25 O.S. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. Acts 2013, 83rd Leg., R.S., Ch. 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. VIDEOCONFERENCE CALL. 551.089. June 17, 2005. PERSONNEL MATTERS; CLOSED MEETING. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. Sec. 2414), Sec. (a) Notwithstanding Sections 551.041 and 551.042, a quorum of the governing body of a municipality or county may receive from staff of the political subdivision 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. The governmental body may continue the meeting only if a quorum of the body remains present at the meeting location or, if applicable, continues to participate in a meeting conducted under Subsection (c). May 23, 2015. Acts 2013, 83rd Leg., R.S., Ch. See Fact Sheet: OMAPosting Requirements for more details. (a) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. Sec. 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 (c) The attorney general may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of Section 551.045(a-1) by members of a governmental body. Every regular, special, or called meeting of a governmental body shall be open to the public, except as provided by this chapter. June 15, 2007. Third, to conduct such meetings in open session, except where a . CERTIFIED AGENDA OR RECORDING; PRESERVATION; DISCLOSURE. ( Civ. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 551.0811. 551.055. (b) On written request of a district resident made to the district not later than the third day before a public hearing to consider the adoption of an ad valorem tax rate, the district shall make an audio recording of reasonable quality of the hearing and provide the recording to the resident in an electronic format not later than the fifth business day after the date of the hearing. (c) The online message board or similar Internet application described in Subsection (a) may only be used by members of the governmental body or staff members of the governmental body who have received specific authorization from a member of the governmental body. 62, Sec. Renumbered from Sec. (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). 165, Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 551.082. DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 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. (3) have two-way audio and video communications with each participant in the meeting during the entire meeting. 1147 (H.B. 16, eff. Failure to meet both requirements results in the action being invalid. 4, eff. Acts 2017, 85th Leg., R.S., Ch. It answers common questions about the two . Is a public body required to provide members of the public with a copy of its "board packet" at an open meeting? Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. Audio recording of open meetings of the state's political subdivisions are not required to be on the website, but must be otherwise available to the public. If an action involving the meeting is brought within that period, the governmental body shall preserve the certified agenda or recording while the action is pending. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. (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. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 12, eff. (e) The notice of a telephone conference call meeting of a governing board must specify as the location of the meeting the location where meetings of the governing board are usually held. (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. (c) A county clerk shall post a notice provided to the clerk under Subsection (a)(3) on a bulletin board at a place convenient to the public in the county courthouse. September 1, 2013. If you are interested in a virtual training, please send an email to roadshows@nmag.gov with your contact information. (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. 5.01(a), eff. The certificate must be maintained by the member's governmental body and made available for public inspection upon request. 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. (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. How do I get information on registered charities? PUBLIC TESTIMONY. 551.101. 551.084. Sec. 728 (H.B. 104 (S.B. 1, eff. 115 (S.B. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Stat. 592), Sec. (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR RECORDING; OFFENSE; PENALTY. Sept. 1, 1999. (2) the governing board of an institution of higher education. (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter: (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (B) reasonable attorney fees and court costs; and. Sec. RECORDING OF MEETING BY PERSON IN ATTENDANCE. Added by Acts 1997, 75th Leg., ch. The AG's Open Government Training Information website includes free OMA training videos and related information for governmental officials. (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. Acts 2019, 86th Leg., R.S., Ch. 268, Sec. (a) This section applies only to a governmental body described by Sections 551.001(3)(B)-(L). (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. 1420, Sec. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 471), Sec. In the next sentence, however, gatherings "for purely ministerial or social purposes" are not considered to be "meetings.". 3, eff. 268, Sec. May 22, 2007. 1, eff. Please extend this invitation to others who may benefit from learning and understanding New Mexicos Sunshine Laws. (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. REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN OPEN MEETING. The notice of a legislative committee meeting shall be as provided by the rules of the house of representatives or of the senate. Minutes shall include, but need not be limited to: (1) the date, time and place of the meeting; ), and its subsequent amendments, and if disclosure of the information would give advantage to a competitor; or. (b) A meeting held by telephone conference call may be held only if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of this chapter; and, (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or. (b) A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting; (3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website. (2) the intent to have a quorum present at that location. 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