LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 7, 2005

TO:
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB690 by Zaffirini (Relating to the requirement to post meetings of a governmental body under the open meetings law in certain circumstances. ), Committee Report 1st House, Substituted

As a result of this bill there will be a restriction upon:

(1) the open meetings law.

The bill would amend the Open Meetings Act to except certain meetings from the notice requirement found in Government Code Section 551.041.  The bill would allow governmental bodies to recess open meetings to the next regular business day without posting notice if the action is taken in good faith and not to circumvent the Open Meetings Act.  If a governmental body is prevented from convening an otherwise properly posted meeting because of a catastrophe, the body may hold the meeting at a convenient location within 72 hours pursuant to Government Code Section 551.045, if the action is taken in good faith and not to circumvent the Open Meetings Act. 

The bill would create a provision in the Open Meetings Act expressly allowing what may be a common practice with certain governmental bodies in Texas.  The Office of the Attorney General has stated that the bill would be a codification of attorney general opinion on continuing recessed meetings.  However, because the bill creates a statutory exception to the notice requirements in Government Code Section 551.041, there would be an impact to the existing open meetings laws.



Source Agencies:
LBB Staff:
JOB, VDS, AM