Open Meeting Laws Subject to Temporary Suspension
Effective March 16, 2020, and subject to the following conditions, the following statutory provisions
are temporarily suspended to the extent necessary to allow telephonic or video conference meetings
and to avoid congregate settings in physical locations:
• those that require a quorum or a presiding officer to be physically present at the specified
location of the meeting; provided, however, that a quorum still must participate in the
telephonic or video conference meeting
o TEX. GOV’T CODE § 551.122(b)
o TEX. GOV’T CODE § 551.127(a-3), (b)–(c), (e), (h)–(i)
o TEX. GOV’T CODE § 551.130(c)–(d), (i)
o TEX. GOV’T CODE § 322.003(d), (e)(2)
o TEX. GOV’T CODE § 845.007(f)(2)
o TEX. GOV’T CODE § 855.007(f)(2)
o TEX. CIV. PRAC. & REM. CODE § 74.102(f)
o TEX. INS. CODE § 2151.057(d)(1)
o TEX. LOCAL GOV’T CODE § 379B.0085(a)
• those that require physical posting of a notice; provided, however, that the online notice must
include a toll-free dial-in number or a free-of-charge video conference link, along with an
electronic copy of any agenda packet
o TEX. GOV’T CODE § 551.043(b)(2)–(3)
o TEX. GOV’T CODE §§ 551.049–551.051
• those that require the telephonic or video conference meeting to be audible to members of the
public who are physically present at the specified location of the meeting; provided, however,
that the dial-in number or video conference link provided in the notice must make the meeting
audible to members of the public and allow for their two-way communication; and further
provided that a recording of the meeting must be made available to the public
o TEX. GOV’T CODE § 551.121(f)(1)
o TEX. GOV’T CODE § 551.122(d)
o TEX. GOV’T CODE § 551.125(e)–(f)
o TEX. GOV’T CODE § 551.126(d)(1)
o TEX. GOV’T CODE § 551.127(f), (j)
o TEX. GOV’T CODE § 551.130(e)–(f)
o TEX. GOV’T CODE § 551.131(e)(1)
o TEX. GOV’T CODE § 322.003(e)(3)
o TEX. GOV’T CODE § 436.054(e)
o TEX. GOV’T CODE § 845.007(f)(3)
o TEX. GOV’T CODE § 855.007(f)(3)
o TEX. AGRIC. CODE § 41.061(c)–(d)
o TEX. AGRIC. CODE § 41.1565(c)–(d)
o TEX. AGRIC. CODE § 41.205(d)–(e)
o TEX. AGRIC. CODE § 62.0021(c)–(d)
o TEX. EDUC. CODE § 66.08(h)(2)(B)
o TEX. FAM. CODE § 264.504(e)
o TEX. FIN. CODE § 11.106(c)(4)–(5)
o TEX. FIN. CODE § 154.355(d)(2)–(3)
o TEX. INS. CODE § 462.059(a)(1), (c)
o TEX. INS. CODE § 463.059(d)
o TEX. INS. CODE § 2151.057(e)
o TEX. INS. CODE § 2210.1051(b)(2)–(3)
o TEX. INS. CODE § 2211.0521(b)(2)–(3)
o TEX. LOCAL GOV’T CODE § 379B.0085(b)(2)–(3)
o TEX. SPEC. LOC. DIST. CODE § 9601.056(c)
o TEX. TRANSP. CODE § 173.106(e)–(f)
o TEX. TRANSP. CODE § 366.262(c)–(d)
o TEX. TRANSP. CODE § 370.262(c)–(d)
• those that may be interpreted to require face-to-face interaction between members of the
public and public officials; provided, however, that governmental bodies must offer alternative
methods of communicating with their public officials.
o TEX. GOV’T CODE § 551.007(b)
o TEX. GOV’T CODE § 551.125(b)(1), (d)
These suspensions are in effect until terminated by the Office of the Governor, or until the March
13, 2020 disaster declaration is lifted or expires.
Has the governor taken action to make video conference and teleconference meetings easier
under the Texas Open Meetings Act?
Yes. The governor has suspended various provisions of the Open Meetings Act pursuant to his
state disaster authority, and the attorney general’s office has issued guidance on the suspension.
The changes are effective March 16, 2020, until further notice or until the state disaster
declaration expires.
According to the attorney general, “statutes that may be interpreted to require face-to-face
interaction between members of the public and public officials are suspended; provided,
however, that governmental bodies must offer alternative methods of communicating with their
public officials.”
TML understands this to mean that a city doesn’t have to allow members of the public to
physically attend meetings, but it would need to allow them to submit comments via
video conference, telephone, written submissions, email, or similar means. Id. § 551.007. The
idea is to provide as much transparency as possible, while avoiding contact with COVID-19.
Do cities have to provide two-way communication for the public to make comments during
an open meeting via telephonic or video conferencing during the emergency?
The answer isn’t exactly clear. After the governor suspended various requirement of the Texas
Open Meetings Act, the attorney general’s office issued guidance on his suspensions. (See
detailed reporting on that in a previous update.) The guidance states:
“[T]he dial-in number or video conference link provided in the [meeting] notice must make the
meeting audible to members of the public and allow for their two-way communication…”
Many cities are struggling with finding the technology to allow two-way communications in a
reasonable format. The questions above and below provide guidance and options on that issue.
However, one quirk has become apparent.
In addition to the above guidance, the governor suspended the new requirement (added by H.B.
2840 last legislative session) that the public has a right to speak on agenda items. The suspended
provision reads as follows:
“Sec. 551.007. PUBLIC TESTIMONY…
(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…”
Because – for the duration of the statute suspensions – that section no longer mandates a city to
allow public comment on normal agenda items, a city isn’t required to do so. And, if a city
doesn’t allow public comment on normal agenda items, the requirement to have two-way
communications is superfluous.
Thus, a city might be able to have a telephone conference for city council members and not
provide a general public comment session or allow members of the public to speak on agenda
items. In any case, it makes sense for a city to allow as much public input as possible. One way
cities have done so is to provide an email address and/or drop box where citizens can submit
written comments. Another way is that some cities have required citizens who wish to comment
to sign up in advance with a telephone number, and then have city staff call the person on the
phone at the appropriate time to make their comments.
Governor Abbott Allows Virtual And Telephonic Open Meetings To Maintain Government Transparency
March 16, 2020
Ensures continued government operation while preserving transparency
Governor Greg Abbott today acted to maintain government transparency and continued government operations while reducing face-to-face contact for government open meetings. As Texas works to mitigate the spread of COVID-19, the Governor granted the Office of the Attorney General’s request for suspension of certain open-meeting statutes. This temporary suspension will allow for telephonic or video conference meetings of governmental bodies that are accessible to the public in an effort to reduce in-person meetings that assemble large groups of people.
“Even as the State of Texas takes precautionary measures to contain the spread of COVID-19, we also have a responsibility to maintain government transparency,” said Governor Abbott. “With today’s action, Texas is reducing non-essential in-person contact for a limited period, while ensuring that state and local government entities continue to work to fulfill necessary functions and with full transparency for the people of Texas. I urge state and local officials to do their part to mitigate the spread of COVID-19 by avoiding meetings that bring people into large group settings.”
In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. This temporary suspension will leave important open-meeting protections in place:
Members of the public will be entitled to participate and address the governmental body during any telephonic or video conference meeting.
To hold a telephonic or video conference meeting, a governmental body must post a written notice that gives the public a way to participate remotely, such as a toll-free dial-in number, and that includes an electronic copy of any agenda packet that officials will consider at the meeting.
A governmental body must provide the public with access to a recording of any telephonic or video conference meeting.