Open Meeting Laws in Texas: Understanding Violations and Their Consequences
Texas, like many other states, has a statutory obligation to maintain transparency in government activities by ensuring that public meetings are conducted in an open and accessible manner. Public meetings are defined as meetings of two or more public officials who have official authority or responsibility with regard to the conduct of business, regardless of the formal title of the entity with which they are affiliated [1]. The Open Meetings Act, which was enacted in 1967, aims to promote government accountability and ensure that the public has access to information regarding government decisions and activities [2].
Which is a violation of open meeting laws in Texas?
A violation of open meeting laws in Texas can occur in several ways, including:
- Deliberating in private: Government officials are prohibited from deliberating on any matter in private, even if they are simply considering a matter. Any deliberation by government officials, regardless of how informal, must take place in public [3].
- Withdrawing from public view: When government officials withhold their physical presence to discuss public business, this is considered a violation of the Open Meetings Act [4].
- Unlawful exclusion: Allowing certain individuals or groups to have an unfair advantage in terms of access to public meetings or information is illegal under Texas law [5].
Other violations include:
- Failed notification: Failing to provide adequate notice of the meeting, including the agenda, to the public in a timely manner is a violation [6].
- Meeting without prior approval: Conducting executive sessions without proper notice and approval can also be considered a violation [7].
- Refusing access to documents: Denying or restricting access to public documents or records is also considered a violation of open meeting laws [8].
Consequences of violating open meeting laws in Texas
Violations of the Open Meetings Act can result in severe legal and financial consequences. A court can fine public officials and entities, order the conduct of an illegal meeting to be reconvened, or order the destruction of illegally obtained records [9]. In addition, government officials who violate open meeting laws can also be subject to criminal charges and civil suits.
Examples of recent violations of open meeting laws in Texas
There have been several high-profile violations of open meeting laws in Texas in recent years. For example:
- Brewster County: In 2019, a jury found that the Brewster County commissioners violated the Open Meetings Act by conducting a private meeting to discuss a proposed airport terminal project [10].
- Houston: In 2018, a Harris County district court ruled that the Houston City Council had violated the Open Meetings Act by holding a series of private meetings to discuss the city’s budget [11].
Best practices for avoiding violations of open meeting laws in Texas
To ensure compliance with the Open Meetings Act, government officials in Texas should:
- Provide adequate notice of all public meetings and make agendas available to the public in a timely manner
- Conduct deliberations in public: Official discussions and deliberations must take place in public and be open to the press and public
- Maintain accurate minutes: Accurate and complete minutes of all public meetings should be kept and made available to the public
- Ensure public access to documents and records related to public meetings
- Seek legal advice before conducting any public meetings that may raise concerns about violations of the Open Meetings Act
Conclusion
Violations of open meeting laws in Texas can result in severe legal and financial consequences, and can undermine the trust and confidence of the public in government. It is essential that government officials and entities understand the law and take steps to ensure compliance, including providing adequate notice of public meetings, conducting deliberations in public, maintaining accurate minutes, and ensuring public access to documents and records. By doing so, government officials can promote transparency and accountability and foster a culture of open government in Texas.
Table: Key Takeaways
| Type of Violation | Definition | Example |
|---|---|---|
| Deliberating in Private | Conducting official discussions without public notice or attendance | A group of elected officials meeting privately to discuss a proposed development project |
| Withdrawing from Public View | Withholding one’s physical presence to discuss public business | A commissioner meeting with a developer privately in a parking lot to discuss a proposed project |
| Unlawful Exclusion | Allowing certain individuals or groups to have an unfair advantage | A county commissioner meeting privately with a developer while excluding members of the public |
| Failed Notification | Failing to provide adequate notice of the meeting | A city council meeting held without prior public notice or posting of the agenda |
| Meeting Without Prior Approval | Conducting an executive session without proper notice and approval | A county commissioners’ court holding a private meeting without public notice or approval |
