Texas Attorney General Opinion: JM-248 Page: 2 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
... * .. . . s s oiS rr a age 2 (n )
a verbal exchange between a quorum of members of a
governmental body attempting to arrive at a
decision on any public business.
The appellate court concluded that aumary judgment was improper
because a fact issue existed as to whether deliberation had in fact
occurred during the meeting in question. The appellate court did not,
however, question the trial court's conclusion that a "meeting" for
purposes of article 6252-17 occurs only where there is "deliberation."
i.e., "a verbal exchange between a uorum of members."
We agree with the trial court's construction of article 6252-17
in The Pea Picker, Inc. v. Reagan, supra. In our opinion, sa eeting
is a meetingg" as defined by section l(a) of that statute only in
those instances in which a "verbal exchange" occurs between or among a
quorum of members of a governmental body. If the board members mer ly
listen to and ask questions of at individual providing information.
and no discussion takes place between board members, there is no
deliberationn" and hence no "meeting" for purposes of article 6252-17.
In such instances, the board may convene without admitting the general
public. We conclude that members of a governmental body may meet
without complying with the Open Nnoetings Act to receive information
and to ask questions, so long as no discussion of public business
takes place between members. See Attorney General Opinion 8-785
(1976). But cf. art. 6252-17, sectIons 3 and 4. We caution, however,
Q that the O Ntnetween "deltberatic" and "non-deliberatiom" is very
thna. Therefore, in order to avcrd violating the act, whether by
aadvertence or otbhervise, a governmental body should err on the side
of caution in determining whether to open to the public a convocation
like the one described here.
SU14 It A RY
The members of a governmental body may meet to
receive information and to ask questions, without
violating article 6252-17, V.T.C.S., so long as no
discussion of public business takes place between
embers during such metit8.
Very truly your
0
J IN ATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney Generalp. 1111
(JMbi- 248)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-248, text, December 13, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272688/m1/2/?q=%221984%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.