(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. 15, eff. (c) The presiding officer or member shall give the notice by telephone, facsimile transmission, or electronic mail at least one hour before the meeting is convened. Added by Acts 2003, 78th Leg., 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. SUBCHAPTER F. MEETINGS USING TELEPHONE, VIDEOCONFERENCE, OR INTERNET. 1, eff. (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. Purpose of the Open Meetings Act The Illinois Open Meetings Act (OMA) (5 ILCS 120/1) provides the people of the State of Illinois with the right to be informed as to the conduct of public business. June 15, 2007. (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. Amended by Acts 2003, 78th Leg., ch. 494), Sec. 551.124. Acts 2013, 83rd Leg., R.S., Ch. May 23, 2015. 551.144. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. 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. (2) an accessible link to the archived recording of each such meeting. 842 (H.B. (M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code. (a) A property owners' association is subject to this chapter in the same manner as a governmental body: (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, (C) the amount of the mandatory special or regular assessments 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. (d) The governing board of a general academic teaching institution or of a university system 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. (a) This section applies only to a governmental body described by Sections 551.001(3)(B)-(L). 551.001. Acts 2013, 83rd Leg., R.S., Ch. 885 (H.B. 944, Sec. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE TO PUBLIC. 2978), Sec. OPEN MEETINGS REQUIRED BY CHARTER. (c) The governmental body shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section. Office of the Attorney General Initiatives | Office of the Attorney General (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. Sec. 551.0726. 551.077. Additionally, the handbook Acts 2011, 82nd Leg., R.S., Ch. Sec. COMMISSIONERS COURTS: DELIBERATION REGARDING DISASTER OR EMERGENCY. 1, eff. Sept. 1, 1993. 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 1995, 74th Leg., ch. (a-2) A member of a governmental body who participates in a meeting as provided by Subsection (a-1) shall be counted as present at the meeting for all purposes. Acts 2015, 84th Leg., R.S., Ch. Third, to conduct such meetings in open session, except where a . 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. 551.054. (c) A meeting held by telephone conference call must comply with the procedures described in Section 551.125. 1, eff. 209, Sec. 1046), Sec. September 1, 2017. (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. (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. 679), Sec. (2) notice of the board committee meeting is also posted as notice of a board meeting. June 17, 2005. (1) state the subject of each deliberation; and. 1640), Sec. Sec. Added by Acts 1993, 73rd Leg., ch. 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. Acts 2017, 85th Leg., R.S., Ch. 303 Advanced Notice of Times and Places, 25 O.S. 3, eff. The recording shall be made available to the public. 551.145. BOARD OF PARDONS AND PAROLES. (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. Sept. 1, 1995. 87 (S.B. September 1, 2007. September 1, 2021. (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code. However, any additional procedure that a governmental body adopts for the conduct of its meetings must be consistent with the Open Meetings Act. If this is done, the meeting is considered to be a regular meeting for all purposes. Sch. 2018), Sec. 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, the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, press conference, forum, appearance, or debate. 1, eff. 265 (H.B. 87 (S.B. (d) A 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. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. (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. SCHOOL DISTRICT: PLACE OF POSTING NOTICE. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT. (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. 551.146. May 27, 2003. Sec. (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. 27), Sec. (d) If a governmental body removes from the online message board or similar Internet application a communication that has been posted for at least 30 days, the governmental body shall maintain the posting for a period of six years. Sec. Sept. 1, 1999. 87 (S.B. 551.005. Tex. ATTENDANCE BY GOVERNMENTAL BODY AT LEGISLATIVE COMMITTEE OR AGENCY MEETING. 679), Sec. 312, Sec. Code 4910 (a); See also " No Action Without a Meeting .") (b) A joint board created under Section 22.074, Transportation Code, shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the board's administrative offices. 551.006. (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. 325 (S.B. 268, Sec. Acts 2007, 80th Leg., R.S., Ch. Attorney General, regarding St. 2022, c.107, which extended the remote meeting provisions of COVID-19 Order #1 to March 31, 2023. Ohio's Open Meetings Act (Ohio Revised Code Section 121.22) requires the board to conduct that business in an open meeting that the public may attend and observe. 551.007. 778, Sec. Sec. 471), Sec. 165 (S.B. Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures, Mass. 1, eff. 87 (S.B. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. In no event shall a communication or posting to the online message board or similar Internet application be construed to be an action of the governmental body. 538 (S.B. Sec. 8-44-103. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE DISTRICTS, DEVELOPMENT CORPORATIONS, AUTHORITIES, AND JOINT BOARDS. 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. 1233), Sec. (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. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the institution or university system certifies are confidential or may be withheld from public disclosure under Chapter 552. 311 Notice Public Bodies Method, 25 O.S. 10:4-6 et seq.) Exceptions to Agenda Requirements Public Testimony 16 18 18 2. (a) An interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter by members of a governmental body. 105 (S.B. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 11), Sec. (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. 1127 (S.B. (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. 551.075. It answers common questions about the two . (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, 1999; Acts 2003, 78th Leg., ch. 7, Sec. 3560), Sec. (1) Pre-registration is available for public presentations through first class mail at P.O. 5:39-1.1 through 1.7 that implement the new law. 1640), Sec. (c) It is a defense to prosecution under Subsection (a)(1) and an affirmative defense to a civil action under Subsection (a)(2) that: (1) the defendant had good reason to believe the disclosure was lawful; or. 630, Sec. May 23, 2015. (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. (3) the communication is displayed in real time and displayed on the online message board or similar Internet application for no less than 30 days after the communication is first posted. 313 Actions Taken in Willful Violation of Act, 25 O.S. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. (b) The portion of the telephone conference call meeting that is open shall be recorded. 1, eff. 551.055. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. CONSULTATION WITH ATTORNEY; CLOSED MEETING. Learn about them here. 268, Sec. 14, eff. 2313), Sec. Committees that are appointed by the How does a charity register with the Attorney Generals Office? Sec. Added by Acts 2003, 78th Leg., ch. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. See, e.g., Terrell v. Pampa Indep. Notice of a meeting must be given at least seven days in advance. 9.012, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 3, eff. (b) Notwithstanding any other provision of this chapter and subject to Subsection (c), a commissioners court to which this section applies may hold an open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of this chapter, including the requirement to provide notice before the meeting or to first convene in an open meeting. Sept. 1, 1993. (2) knew at the time the member engaged in the communication that the series of communications: (A) involved or would involve a quorum; and. (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.