(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. 1, eff. 471), Sec. 647, Sec. 1, eff. 551.079. 778 (H.B. 523), Sec. AGENCY FINANCED BY FEDERAL GOVERNMENT. 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. (2) an accessible link to the archived recording of each such meeting. Sept. 1, 1993. (e) Nothing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call. 2, eff. 87 (S.B. The Texas Department of Information Resources publishes the Videoconferencing Standards (pdf) with which school boards must comply in order to meet by video conference. 265 (H.B. Enhanced website made possible with American Rescue Plan Act funds as administered by Institute of Museum and Library Services. DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC RECORDS OF INDIVIDUALS. (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. Sec. 17, eff. 87 (S.B. 778 (H.B. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. 937 (H.B. 1, eff. 25 O.S. September 1, 2007. 4, eff. 471), Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. MEDICAL BOARD OR MEDICAL COMMITTEE. 551.088. (a) Section 551.041 does not require a governmental body that recesses an open meeting to the following regular business day to post notice of the continued meeting if the action is taken in good faith and not to circumvent this chapter. Open Government Division Advisory During COVID-19 State of Public Health Emergency. 1, eff. (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. Sec. 1, eff. 1, eff. (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. 4.05, 4.06, eff. May 18, 2013. (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices. 87 (S.B. (e) For purposes of Subsection (d), an attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body. (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 Open Meetings Act contains more than 25 exceptions to the requirement that meetings be open. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. Sept. 1, 2003. Acts 2013, 83rd Leg., R.S., Ch. The recording shall be made available to the public. PERSONNEL MATTERS; CLOSED MEETING. 1420, Sec. Sec. 27), Sec. 1236 (S.B. Sec. (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. 11, eff. (i) A member of the board may participate remotely by telephone conference call instead of by being physically present at the location of a board meeting for not more than one board meeting per calendar year. 7, Sec. (b)(1) Except as otherwise provided by law, all meetings shall be open to the public. 161 (S.B. Sec. (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and. Added by Acts 1997, 75th Leg., ch. The recording shall be made available to the public. The OPMA contains specific provisions regarding regular and special meetings, executive sessions, the types of notice . 551.086. 104 (S.B. Emergency Meetings 20 4. The term includes a session of a governmental body. Code 4910 (a); See also " No Action Without a Meeting .") Renumbered from Sec. At the time of an open meeting, a public body is not required to disseminate or Sec. September 1, 2019. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 87 (S.B. 1319, Sec. January 1, 2006. (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. 1, eff. Sec. 1, eff. 1, eff. (g) A member of a governing board of a junior college district who participates in a board meeting by telephone conference call but is not physically present at the location of the meeting is considered to be absent from the meeting for purposes of Section 130.0845, Education Code. (a) The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code, in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body. This pamphlet was written with the individual board member in . DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED MEETING. May 18, 2013. 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. Sept. 1, 1993. For purposes of the limit provided by this subsection, remote participation by telephone conference call in a meeting of a board committee does not count as remote participation by telephone conference call in a meeting of the board, even if: (1) a quorum of the full board attends the board committee meeting; or. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. Nothing in this act shall be construed as affecting or superseding the adequate notice requirements that are imposed by the "Open Public Meetings Act," P.L.1975, c. 231 (N.J.S.A. June 17, 2011. 2, eff. 1038, Sec. Amended by Acts 1999, 76th Leg., ch. The public must be given proper notice of such meetings and afforded the opportunity to review recordings of public . (c) Except as provided by Subsection (b-2), a governmental body that broadcasts a meeting over the Internet shall establish an Internet site and provide access to the broadcast from that site. OPEN MEETINGS ACT Remote Meetings During Disaster Declarations Public Act 101-0640 (available via this link), which went into effect on . Gov't ode 551.056(d). May 18, 2013. 36 (S.B. 1, eff. September 1, 2013. (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. The Director has promulgated emergency regulations codified as N.J.A.C. 551.050. Sept. 1, 2001. 42.30.075. (1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205, and 52-4-206. Section 1232g), as amended. Sec. HTML PDF. (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 public body can post the notice at the main entrance visible on the outside of 306 Vote by Electronic or Telephonic Communications 25 O.S. (d) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location where the quorum is present and shall be recorded. TEXAS BOARD OF CRIMINAL JUSTICE. 7, eff. 551.043. 1, eff. 21.001(26), eff. 2381), Sec. (b) A municipal governmental body shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the city hall. 12, eff. 3.07, eff. RECORDING OF MEETING BY PERSON IN ATTENDANCE. Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. . WATER DISTRICTS. 494), Sec. If the problem is not resolved in six hours or less, the meeting must be adjourned. 1969), Sec. (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. 1, eff. 1, eff. 8. 471), Sec. If post to website, you must also . 3, eff. Added by Acts 1995, 74th Leg., ch. 3106.2 BUT! 84-1407 through 84-1414 (2014, Cum. 2, eff. 4910. (b) A governmental body may have no more than one online message board or similar Internet application to be used for the purposes described in Subsection (a). 165 (S.B. chance meetings. (d) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. (b) An offense under Subsection (a) is a Class C misdemeanor. Sec. Sec. 244), Sec. June 4, 2001. September 1, 2019. 6.006, eff. 1, eff. (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. (2) to hear a complaint or charge against a member of an advisory body. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA. Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. January 1, 2016. 1, eff. May 18, 2013. Sec. COMMISSIONERS COURTS: DELIBERATION REGARDING DISASTER OR EMERGENCY. Whenever, a governmental body receives a briefing from staff, a notice of an open meeting must be posted. 268, 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. (8) "Videoconference call" means a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet. GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. 2, eff. Oklahoma City, OK 73105, Office Hours: September 1, 2009. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. The "Sunshine Law," otherwise known as the Open Public Meetings Act (OPMA), gives the public the right to be present at meetings of public bodies and to witness in full detail the deliberation, policy formulation and decision making of public bodies. An action taken by a governmental body in violation of this chapter is voidable. Amended by Acts 1999, 76th Leg., ch. (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. 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. 1. 268, Sec. 361 (S.B. Added by Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. GOVERNING BODY OF CERTAIN WATER DISTRICTS: INTERNET POSTING OF MEETING MATERIALS; RECORDING OF CERTAIN HEARINGS. Sec. (2) question the employees of the Texas growth fund or the third party regarding an investment or potential investment described by Subdivision (1), if disclosure of the information contained in the questions or answers would give advantage to a competitor. This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. (b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. (a) A member of a governmental body commits an offense if the member participates in a closed meeting of the governmental body knowing that a certified agenda of the closed meeting is not being kept or that a recording of the closed meeting is not being made. 551.123. (a) This section applies only to the commissioners court of a county: (1) for which the governor has issued an executive order or proclamation declaring a state of disaster or a state of emergency; and. (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. 303 Advanced Notice of Times and Places, 25 O.S. Act 267 of 1976. 1, eff. 62, Sec. September 1, 2015. Times and places for meetings Emergencies Exception. September 1, 2021. 87 (S.B. September 1, 2009. 8), Sec. 814 (S.B. Added by Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1997, 75th Leg., ch. TIME AND ACCESSIBILITY OF NOTICE; GENERAL RULE. This subsection does not apply to public criticism that is otherwise prohibited by law. 6, eff. 76, Sec. (a) In this section, "board" means the Texas Higher Education Coordinating Board. 685 (H.B. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. 20 (S.B. 1, eff. Added by Acts 2005, 79th Leg., Ch. 1, eff. 3, eff. 551.0726. 45, 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). (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. The Texas Open Meetings Act requires the open meeting notices of the Joint Admission Medical Program (JAMP) to be posted at least 7 days in advance of the meeting (because JAMP has statewide jurisdiction and is not the governing body of an institute of higher education.) (c) The certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3). 1640), Sec. 1969), Sec. 551.126 by Acts 1999, 76th Leg., ch. 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"). Sec. May 10, 2013. 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. Sec. (d) A meeting held by telephone conference call must otherwise comply with the procedures under Sections 551.125(c), (d), (e), and (f). 628, Sec. (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording. (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 same holds true for similar discussions and decision-making by a city council, a township board of trustees or any other public body. (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 does a charity register with the Attorney Generals Office? Acts 2007, 80th Leg., R.S., Ch. Sec. 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. Acts 2015, 84th Leg., R.S., Ch. (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. June 17, 2011. 1046, Sec. Sec. Notable exemptions to this definition include: employment search committees for executive positions. 455 (S.B. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. 551.087. 1266, Sec. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or. 1, eff. (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. collective bargaining. Who is subject to OMA? 976), Sec. The Open Meetings Act (OMA) is a state law, which provides the statutory guidelines for conducting public meetings. Some public bodies are additionally subject to open meetings requirements set forth in different laws, such as a county charter or other law applicable only in certain political subdivisions. 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. Acts 2011, 82nd Leg., R.S., Ch. 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