Texas AG releases 2022 Open Meetings Act Handbook

The Attorney General’s office has released an updated handbook on the Texas Open Meetings Act, including guidance on changes made by the 87th Texas Legislature. While the handbook is a helpful resource, TOMA is a complex statutory scheme that can be difficult to understand. Governmental bodies should seek experienced legal counsel to advise their public officials on TOMA, because violations carry civil and criminal penalties (including possible jail time) and any actions taken by a governmental body in violation of TOMA are voidable.

Every two years, following the legislative session, the Texas Attorney General’s office releases an updated handbook providing guidance on the Texas Open Meetings Act (TOMA). The 2022 handbook can be downloaded for free here.

The 87th Texas Legislature approved a few changes to the TOMA, which took effect on September 1, 2021:

• Commissioners Courts: Deliberations Regarding Disaster or Emergency—The 87th Texas Legislature added section 551.091 to TOMA, authorizing certain commissioners courts to hold an opened or closed meeting, including a telephone conference call, “solely to deliberate about disaster or emergency conditions and related public safety matters” requiring an immediate response—without complying with the ordinary notice requirements of TOMA. The commissioners court is still required to provide reasonable public notice “[t]o the extent practicable under the circumstances” and to allow members of the public and press to observe the meeting “if the meeting is an open meeting.” The commissioners court can’t vote or take final action in the meeting and must prepare and keep minutes or a recording and make the minutes or recording publicly available as soon as practicable. Section 551.091 expires on September 1, 2027. Tex. Gov’t Code § 551.091.

• Definition of “Governmental Body”—The 87th Texas Legislature amended TOMA’s definition of governmental body to include “a board of directors of a reinvestment zone created under Chapter 311, Tax Code” (i.e., a tax increment reinvestment zone or “TIRZ”). Tex. Gov’t Code § 551.001. Including TIRZs in the definition of governmental body requires them to comply with the open meetings requirements of TOMA.

• New Requirements for Certain Special Purpose Districts—The 87th Texas Legislature amended section 551.1283 to add additional Internet posting requirements for certain special purpose districts (i.e., water control improvement districts, freshwater supply districts, municipal utility districts, and water improvement districts with a population of 500 or more).

While the handbook is a helpful resource, TOMA is a complex statutory scheme that can be difficult to understand. Governmental bodies should seek experienced legal counsel to advise their public officials on TOMA, because violations carry civil and criminal penalties (including possible jail time) and any actions taken by a governmental body in violation of TOMA are voidable.