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Members of the public may attend the meetings of governing bodies in Texas, including city councils, commissioners courts, state boards and commissions, school boards, and the boards of regents of universities.
State law requires these governmental bodies to discuss agenda items in open meetings, except certain subjects that they can discuss in a closed “executive session.”
Each governing body may set rules to maintain order, provided they are consistent with state law requirements.
Public Notice
Governing bodies must give written public notice of the time, place and subject of open meetings and closed executive sessions at least 72 hours in advance. The posting requirement for state boards and commissions is seven days before the meeting.
The law defines a meeting as deliberations among a quorum—usually a majority, unless otherwise specified—of members to discuss public business or public policy or to take official action. The definition also includes deliberations between a quorum and a third party, such as a staff member.
If a quorum of members gathers at private place for a private function, they risk violating the public notice requirement of the law if public business is discussed at the gathering.
Public Comment
Members of the public have a right to comment on items on the agenda at an open meeting. Each governing body must allow time for public comments before items are considered.
The governing body may adopt reasonable rules that limit the total amount of time that a member of the public may address the body on a given item. The governing body cannot prohibit criticism of the body or any of its acts or policies.
Executive Sessions
Governing bodies may discuss the following topics in closed sessions, also called “executive sessions”:
- contract negotiations;
- personnel matters;
- security matters;
- prospective donations and real estate purchases that might be jeopardized by public discussion;
- individual cases of student discipline (in the case of school boards).
All votes and final decisions must be made in public, even on matters discussed in a closed session.
The governing body is required to keep a certified agenda or recording of the executive session. The documentation would be publicly available only by court order if someone legally maintains that the session violated the Open Meetings Act.
FAQ
It depends on the rules set by the government body. The law says, “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” (Government Code sec. 551.007(c)).
Generally, yes. Courts have ruled that the 1st Amendment protects the display of banners at government meetings and the distribution of political pamphlets.
However, attendees cannot conduct themselves in a way that obstructs or interferes with the conduct of the meeting, whether by verbal utterance or physical interference. The Texas Penal Code makes this a Class B misdemeanor.
No. The Texas Open Meetings Act says, “A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service.”
