Texas Public Meetings Act: Overview and Key Details

Transparency in local governance serves as the cornerstone of a healthy democracy, fostering accountability, trust, and citizen engagement.

The Texas Public Meetings Act stipulates how government agencies, from local municipalities to state agencies, should conduct meetings to ensure transparency and accountability. By promoting transparency, local governments build stronger communities where citizens feel empowered to actively participate in shaping their collective future.

Read on to learn about the Texas Public Meetings Act, understand key provisions, and discover how government meeting software enhances accountability and transparency.

What is the Texas Public Meetings Act?

The Texas Public Meetings Act, also known as the Texas Open Meetings Act (TOMA), is a unique set of laws designed to ensure transparency and openness in government proceedings at the local and state levels within Texas. The act outlines specific requirements for public meetings held by governmental bodies to ensure that the public has access to the decision-making process.

The Texas Open Meetings Act applies to all meetings held by public agencies and governmental bodies, including:

City councils
School boards
County commissions
Public agencies, committees, or departments within the executive or legislative branch of state government
Any board or body with quasi-judicial powers
Nonprofit organizations that are eligible to receive funding from the federal Community Services Block Grant program

TOMA doesn’t cover social gatherings, conventions, or workshops, so long as no public business is discussed and no votes or actions are taken.

The penalties for violating the Texas Public Meetings Act range from voided or reversed actions, fines up to $2,000, or incarceration for up to six months.

Four criminal provisions are covered under TOMA:

Knowingly conspiring to circumvent the Open Meetings Acts with secret meetings
Calling or participating in closed meetings
Participating in executive sessions without a public agenda or tape recording
Improper disclosure of a certified agenda or tape recording to members of the public

Key Provisions of the Texas Public Meetings Act

1. Notice Requirements

The Texas Open Meetings Act requires that members of the public are given notice of the date, time, location, and meeting topics at least 72 hours before the meeting takes place. The agenda must be posted in good faith in an easily accessible place. Texas courts have previously ruled that the most important items on the agenda must be described in detail on the notice.

2. Public Participation

Contrary to similar laws in other states, the Texas Public Meetings Act doesn’t ensure the public’s right to comment on meeting topics, with an exception being made for specific laws that require a public hearing or public comments. TOMA does protect the right to observe the decisions and thought processes regarding public matters.

If the governmental body or board allows citizens to talk during open meetings, it may establish reasonable standards for conduct, such as time limits for each speaker. Whatever rules the body creates must be equally enforced to all members of the public and not discriminate against any group based on gender, age, race, or economic status.

Open meetings should only discuss the publicly stated items on the agenda. If an unposted item is brought up, an official or member of the board may respond by stating factual information or encouraging the person to inquire with staff after the meeting. The governing body can then choose to put the item on a future agenda or post it as an emergency if it meets the criteria.

3. Recordings and Minutes

Governing bodies must keep meeting minutes (there’s an exception for closed consultations with an attorney) or an audio recording of every open meeting. The minutes should include the main meeting topics and offer a summary of each vote, decision, and other actions taken. Minutes don’t need to be an exact transcript of the proceedings.

Citizens have the right to make a public records request for the minutes and recordings from open meetings. They can also make copies of the material.

All members of the public have the right to make their own video or audio recordings of an open meeting. In turn, governing bodies have the power to adopt reasonable rules to maintain order during meetings and discourage unruly conduct.

4. Quorum

A quorum defines the minimum acceptable number of directors that need to be present at a meeting to authorize any votes or decisions made during the proceedings. Certain issues may have specific quorum requirements, so local boards should check with legal counsel to ensure compliance. Governing bodies cannot take any action without a quorum present.

Further, members of governing bodies aren’t allowed to submit votes by proxy or without attending the meeting.

5. Closed Sessions

Closed sessions, also known as executive sessions, can be authorized for the following reasons:

Specific personnel matters
The purchase or lease of property
Consultations with an attorney
Prospective gifts to the city
Discussions regarding security measures
Economic developments

The governing body must first conduct an open meeting to identify these issues, cite the time of the closed session, and explain why a closed session is necessary. All actions, votes, and decisions require public discussion before finalization.

eScribe Powers Effective Public Meetings

The Texas Public Meetings Act codifies the public’s involvement in local governance. Government meeting software, such as eScribe, helps legislative bodies improve transparency while enhancing collaboration between government officials and the general public.

Key eScribe features include:

Meeting Manager: Provides customizable templates for meeting agendas, minutes, and action items.
Meeting Minutes: Streamlines the process of creating meeting minutes and distributing them to participants, improving transparency and accountability.
Reporting and Workflows: Empowers users to better manage deadlines, track statuses, and handle reports with ease.
Collaboration Tools: eScribe collaboration tools include the vote manager, video streaming, public comments, and an integrated actions log, simplifying collaboration and boosting transparency.

See how eScribe helped Greensboro, North Carolina’s city government save time and money — all while reducing stress and increasing effectiveness — in this case study.

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