Texas Attorney General Opinion: MW-129 Page: 1 of 3
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The Attorney General of Texas
January 25, 1980MARK WHITE
Attorney Genecal
Suwme Court undong
PO Bon 1254S
Ausm. TX 78711
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Danes TX 75202
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Lubbock. TX 79401
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Atnelve Action EmpLoyeHonorable Joe Resweber
Harris County Attorney
1001 Preston, Suite 634
Houston, Texas 77002Opinion No. MW-129
Re: Whether a governmental body
may meet in closed session to
discuss the employment of ao,
engineering, " architectural or
consultant firm.Dear Mr. Resweber:
You have asked:
Can the Commissioners Court, pursuant to provisions
of article 6252-17, Vernon's Ann. Civ. St., meet in
closed session to discuss the employment of an
engineering, architectural, or consultant firm whose
professional services are to be provided to the county
by speclflc, written contract?
The Texas* Open Meetings Act, article 6252-17, V.T.C.S., require.
commissioners courts to meet in sessions which are open to the public.
Various exceptions to the act permit governmental bodies to close portion..
of meetings. The only exception which is relevant to your inquiry is fcuid in
section 2(g) of the act. It provides:
Nothing in this act shall be construed to require
governmental bodies to hold meetings open to the
public in cases involving the appointment, employ-
ment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee or to hear
complaints or, charges against such officer or
employee, unless such officer or employee requests a
public hearing. (Emphasis added).
By its terms, section 2(g) applies only to discussions involving office s c:
employees. Engineering, architectural or consultant firms would, however,
be classified as independent contractors since they would undertake to do L
specific piece of work for the county using their own means and inme ods
without submitting themselves to the control of the county in respect to all
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-129, text, January 25, 1980; (https://texashistory.unt.edu/ark:/67531/metapth271974/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.