Texas Attorney General Opinion: LO97-058 Page: 6 of 6
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Ms. Eliza May - Page 6
attend an informal conference pursuant to section 2.A(5) may attend as a committee
organized pursuant to section 2.S.
As we understand the committee's functions with regard to informal conferences,
committee members attend the informal conference and may recommend resolutions
concerning the case to the commission for its consideration. We do not understand the
committee to have any power to make final decisions related to the case. Indeed, section
2.S expressly limits a committee to making recommendations on matters the commission
has referred to it. Moreover, we do not believe the committee performs any supervisory
function in relation to its participation in informal conferences. We therefore conclude
that the act does not apply to the committee when the committee participates in informal
conferences.
A complaint review mo ittee that the Texas Funeral Services
Commission has created is a governmentall body" for purposes of
the Open Meetings Act, Goverment Code chapter 551, when it
functions as reviewer of the commission's investigations into alleged
violations of article 4582b6, V.T.C.S, because it performs in a
supervisory capacity. Accordingly, the committee is subject to the
Open Meetings Act, Government Code chapter 551, when it reviews
investigations.
On the other hand, when the complaint review committee
f ctions as a participant in informal confer ces relating to cases
awaiting a hearing as described in -V.T.C.S. article 4582T, section
6C, its role is purely advisory, it does not supervise or control public
business. Accordingly, when it functions as a participant in iformal
conferen the committee is not a governmental body for purposes
oft and is not subject to, the Open Meetings Act.
Yours very truly,
Kinoy KOitrogge
Assistant Attorney General
Opinion Committee(L97-058)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-058, text, June 4, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277241/m1/6/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.