86th Legislature Update: Legislation Affecting

Transcript:86th Legislature Update: Legislation Affecting:
86th Legislature Update: Legislation Affecting Texas State Agencies Kara Holsinger and Dave Gordon Administrative Law Division Office of the Attorney General Views expressed are those of the presenters, do not constitute legal advice, and are not official opinions of the Office of the Texas Attorney General. 1 Texas Open Meetings Act 2 SB 1640 – restores criminal penalties for deliberations among a quorum of governmental body members outside of a posted meeting. In February 2019, the Texas Court of Criminal Appeals concluded that Government Code§551.143 (commonly known as the “walking quorum” provision) was unconstitutionally vague. The law creates a criminal offense for knowingly engaging “in at least one communication among a series of communications that each occur outside of a meeting . . . and that concern an issue within the jurisdiction of the governmental body. . .” Open Meetings Act – SB 1640 3 SB 494 – Open Meetings Act During Emergencies Allows a governmental body to take action after posting notice of meeting for at least one hour, but the deliberation and action can only relate to the emergency identified in the notice (unless other business has already been posted). A qualifying emergency includes: an imminent threat to public health and safety; a fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; power failure, transportation failure, or interruption of communication facilities; epidemic; or riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. Open Meetings Act – SB 494 4 HB 2840 – requires certain governmental bodies to allow any member of the public who wishes to address the body regarding an item on the agenda for an open meeting to do so at the meeting before or during the body’s consideration of that item. The amendment only applies to specific local governmental bodies, but does not apply to a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members. Open Meetings Act – HB 2840 5 Public Information Act 6 Allows a governmental body to suspend the requirements of the PIA during a catastrophe by providing public notice and notice to the Office of the Attorney General. Allows for an initial suspension period of up to seven days, and one additional suspension period of up to seven days. A “catastrophe” means a condition or