1078 (H.B. On July 16, 2022, Governor Baker signed into law An Act Relative to Extending Certain State of Emergency Accommodations, which, among other things, extends the expiration of the provisions pertaining to the Open Meeting Law to March 31, 2023. Sec. 1, eff. Sec. 1, eff. Added by Acts 1993, 73rd Leg., ch. 87 (S.B. 62, Sec. Sept. 1, 2003. 551.079. (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. (7) a joint board created under Section 22.074, Transportation Code. Added by Acts 1993, 73rd Leg., ch. (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. 861 (H.B. May 18, 2013. WATER DISTRICTS. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. Delaware Open Meetings Law. 87 (S.B. 268, Sec. Sept. 1, 1997. (a) Each elected or appointed public official who is a member of a governmental body subject to this chapter shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and its members under this chapter not later than the 90th day after the date the member: (1) takes the oath of office, if the member is required to take an oath of office to assume the person's duties as a member of the governmental body; or. This section does not apply to a governmental body described by Section 551.001(3)(D). DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO FOUR OR MORE COUNTIES: NOTICE TO PUBLIC, SECRETARY OF STATE, AND COUNTY CLERK; PLACE OF POSTING NOTICE. 268, 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. Meetings Act, KRS 61.800 to 61.850, and the Open Records Act, KRS 61.870 to 61.884, and contains basic information about the Acts. (2) shall prepare and keep minutes or a recording of a meeting under this section and make the minutes or recording available to the public as soon as practicable. 1127 (S.B. September 1, 2009. (b) Subsection (a) does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. May 18, 2013. (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. 244), Sec. 551.052. 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. the requirements for conducting a meeting while discussing or conducting official business. 87 (S.B. September 1, 2015. (d) A telephone conference call meeting is subject to the notice requirements applicable to other meetings. The public notice for a rescheduled regular or a special meeting of a public body, shall state the (1) date, (2) time, and (3) place of the meeting. 11), Sec. 1, eff. 2414), Sec. 52-4-201 Meetings open to the public -- Exceptions. 1, eff. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. 6, eff. 87 (S.B. (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code. Acts 2019, 86th Leg., R.S., Ch. Sec. 165 (S.B. (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. May 18, 2013. (b) This section applies only to a water district whose territory includes land in three or more counties. 2978), Sec. (1) authorize the members of a governmental body to conduct a meeting of the governmental body by telephone conference call, video conference call, or communications over the Internet; or. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552. Added by Acts 1995, 74th Leg., ch. May 18, 2013. The Open Meetings Act requires a public body to provide notice "as early as possible, but not less than 48 hours or 2 business days, whichever is greater, before a meeting.". 471), Sec. The recording shall be made available to be heard by the public at one or more places designated by the board. 551.0015. The location where the member of the governmental body presiding over the meeting is physically present shall be open to the public during the open portions of the meeting. GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: QUORUM PRESENT AT ONE LOCATION. The same holds true for similar discussions and decision-making by a city council, a township board of trustees or any other public body. 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. (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or. The purpose for a public meeting is to allow the public to observe the affairs of government, which may not include obtaining citizen input. 293), Sec. 1, eff. 4, eff. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. 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. 313 Actions Taken in Willful Violation of Act, 25 O.S. Sec. 268, Sec. (b) For purposes of Subsection (a), "items of community interest" includes: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; (4) a reminder about an upcoming event organized or sponsored by the governing body; (5) information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the political subdivision; and. 87 (S.B. 551.127. 551.0726. What should a school board meeting notice contain to comply with the Texas Open . A county governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. May 23, 2015. Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 551.123. (b) An offense under Subsection (a) is a Class C misdemeanor. This section does not apply to attendance at the meeting by members of the legislative committee or agency holding the meeting. (2) indicate each vote, order, decision, or other action taken. 551.126. 917 (S.B. Sec. 8. September 1, 2019. Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (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. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Aug. 28, 1995. Sept. 1, 2003. (e) 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 specified in the notice of the meeting as the location of the meeting and shall be recorded. (b) The secretary of state shall post the notice provided under Subsection (a)(2) on the Internet. Sec. (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. (2) an agenda item listed on a notice of the meeting before the supplemental notice was posted. 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. (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. Due to the COVID-19 State of Emergency and the Governors Orders, the Office of the Attorney General will not have in person trainings for Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) at this time. Sec. September 1, 2021. GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH CARE SERVICES. Sec. June 17, 2011. Added by Acts 2013, 83rd Leg., R.S., Ch. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. 258 (S.B. See the Events page for upcoming Sunshine Laws Training Sessions. (b) The secretary of state shall post the notice on the Internet. (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. 1133), 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. September 1, 2021. 3, eff. 1, eff. 551.145. 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. Amended by Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 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 1, eff. GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. (d) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. 1, eff. 1, eff. (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. (d) Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body. 679), Sec. 551.086 by Acts 2001, 77th Leg., ch. 1, eff. HTML PDF. EXCEPTION TO GENERAL RULE: COMMITTEE OF LEGISLATURE. Acts 2013, 83rd Leg., R.S., Ch. Closed state holidays. 551.005. 551.046. June 17, 2011. June 14, 2013. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. 1, eff. 87 (S.B. Attorney General Balderas issued the following guidance to public entities across the State of New Mexico regarding their ongoing obligations to comply with the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) during the state of emergency in New Mexico. Acts 2011, 82nd Leg., R.S., Ch. 21.001(26), eff. 36 (S.B. (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. Do you have a compliance guide for the Inspection of Public Records Act? 1233), Sec. Sec. (2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility. This . This brochure is intended to help you and other Kansans understand the basic requirements of the Open Records Act and the Open Meetings Act. Please extend this invitation to others who may benefit from learning and understanding New Mexicos Sunshine Laws. September 1, 2019. (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. 3, eff. June 15, 2007. 1287, Sec. 1667), Sec. 551.023. This chapter does not require The Finance Commission of Texas to conduct an open meeting to deliberate a matter made confidential by law. They can be reached at (505) 490-4060. 405, Sec. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Requirements . 1, eff. 14, eff. BOARD OF PARDONS AND PAROLES. FOIA. 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. 809 (H.B. Tex. 1, eff. Renumbered from Sec. 471), Sec. GOVERNING BOARD OF INSTITUTION OF HIGHER EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE ACTION. Acts 2015, 84th Leg., R.S., Ch. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. (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. 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. 551.082. (b) If this chapter specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and. 1, eff. 551.088. 551.122. 885 (H.B. 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 Acts 2019, 86th Leg., R.S., Ch. 1, eff. ENFORCEMENT COMMITTEE APPOINTED BY TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. 1147 (H.B. (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. Acts 2013, 83rd Leg., R.S., Ch. 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 1004, Sec. 551.078. 1969), Sec. Sept. 1, 1993. 1236 (S.B. 32, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. Section 78a et seq. 551.086 by Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (3) participates in the closed meeting, whether it is a regular, special, or called meeting. 551.085. If this is done, the meeting is considered to be a regular meeting for all purposes. al.) Sec. How does a charity register with the Attorney Generals Office? (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. 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. (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. (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. 1, eff. 1, eff. 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. 1296), Sec. 3106.2 BUT! 1, eff. June 14, 2013. 728 (H.B. 551.006. This article shall be known and may be cited as the Bagley-Keene Open Meeting Act." Each board has essentially three duties under the Open Meeting Act. 4, eff. HTML PDF. (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. (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. (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. (1) may not vote or take final action on a matter during a meeting under this section; and. 3, eff. 1, eff. 1, eff. Short . Is a meeting subject to OMA even if no votes are taken? 690 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 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. (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. Added by Acts 1993, 73rd Leg., ch. (a) All public bodies shall keep written minutes of all. Oklahoma's Open Meetings Act(25 O.S. 209, Sec. 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