Governmental Bodies and Public Meetings
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What is the common-law rule regarding governmental body meetings?

  • Members can vote via email.
  • Public input is not required during meetings.
  • Decisions can be made individually by members.
  • Meetings must be held for decisions to be made by the body as a whole. (correct)
  • What is meant by the term 'executive session'?

  • A casual meeting for discussing upcoming events.
  • A public meeting for all stakeholders to attend.
  • A meeting or part of a meeting that is closed to the public. (correct)
  • A meeting specifically for financial audits.
  • What opportunity does the common-law rule give to members of a governmental body?

  • The freedom to discuss decisions outside of meetings.
  • The opportunity to state their views to other board members. (correct)
  • The chance to present their case individually.
  • The right to vote without attending the meetings.
  • How can the common-law rule about governmental body meetings be changed?

    <p>Only through legislative action.</p> Signup and view all the answers

    Which statement is incorrect regarding the board's authority in clemency matters?

    <p>Their decisions must always involve public input.</p> Signup and view all the answers

    What must a governmental body do to exercise its powers?

    <p>Conduct a properly called meeting.</p> Signup and view all the answers

    Which of the following best describes the purpose of meetings for governmental bodies?

    <p>To allow the body to make decisions as a whole.</p> Signup and view all the answers

    What happens if the Legislature changes the requirement for meetings?

    <p>The common-law requirements become irrelevant.</p> Signup and view all the answers

    What is the definition of a 'governmental body' according to the Government Code?

    <p>A board, commission, or agency directed by appointed or elected members.</p> Signup and view all the answers

    Which of the following is NOT classified as a governmental body?

    <p>A volunteer community service organization.</p> Signup and view all the answers

    Which type of board is defined as a governmental body?

    <p>A deliberative body with quasi-judicial power.</p> Signup and view all the answers

    What is the status of meetings held by a governmental body?

    <p>They are public unless specified otherwise.</p> Signup and view all the answers

    Which of the following is included in the definition of a governmental body?

    <p>A nonprofit corporation under the federal community services block grant program.</p> Signup and view all the answers

    The governing board of which entity is classified as a governmental body?

    <p>A local workforce development board.</p> Signup and view all the answers

    What is the implication of a defendant completing a training course under the Act?

    <p>It does not prove the defendant knowingly violated the Act.</p> Signup and view all the answers

    Which of the following does NOT qualify as a governmental body under subsection 551.001(3)?

    <p>A local business association.</p> Signup and view all the answers

    What is the minimum duration for the training course mandated for public officials?

    <p>1 hour</p> Signup and view all the answers

    Which subject is NOT specifically mentioned as a requirement in the training course?

    <p>Best practices for public communication</p> Signup and view all the answers

    Who is responsible for ensuring the availability of the training courses?

    <p>The attorney general</p> Signup and view all the answers

    What must the entity providing the training issue upon completion?

    <p>Certificate of completion</p> Signup and view all the answers

    In addition to a certificate, what must a governmental body maintain regarding the training?

    <p>A record of member completion</p> Signup and view all the answers

    What type of medium must at least one approved course be available on?

    <p>Widely available medium like videotape or DVD</p> Signup and view all the answers

    What is one of the subjects that the training must cover regarding meetings?

    <p>Consequences for not adhering to meeting protocols</p> Signup and view all the answers

    Which of the following is an acceptable source for the training courses?

    <p>Governmental bodies or other entities</p> Signup and view all the answers

    What must a governmental body provide written notice of according to the Act?

    <p>The date, hour, place, and subject of each meeting</p> Signup and view all the answers

    Which of the following is NOT required in the notice of a closed meeting?

    <p>Section or subsection numbers authorizing the meeting</p> Signup and view all the answers

    Is it necessary for a governmental body to indicate in the notice if a subject will be discussed in open or closed session?

    <p>No, but some governmental bodies choose to include this information</p> Signup and view all the answers

    What is the purpose of the written notice mandated by Section 551.041 of the Act?

    <p>To inform the public of the date, hour, place, and subject of meetings</p> Signup and view all the answers

    Certain entities outside of the Act may have specific provisions. Which of the following is mentioned in the content related to broadcasting requirements?

    <p>The Health and Human Services Commission</p> Signup and view all the answers

    Which type of organization is generally not considered a governmental body under the Act?

    <p>Nonprofit corporations established to carry out governmental business</p> Signup and view all the answers

    Which of the following entities is explicitly considered a governmental body under the Act?

    <p>A development corporation created under the Development Corporation Act</p> Signup and view all the answers

    What is required for a nonprofit corporation to be subject to the Act’s meeting requirements?

    <p>The nonprofit's bylaws must state compliance with the Act</p> Signup and view all the answers

    Which of the following statements is true regarding nonprofit corporations and their governmental body status?

    <p>Nonprofits that provide services to governments can be governmental bodies.</p> Signup and view all the answers

    What general principle applies to private entities and their classification as governmental bodies under the Act?

    <p>Private entities do not become governmental bodies solely based on public funding.</p> Signup and view all the answers

    Study Notes

    Open Meetings Act and Governmental Bodies

    • Governmental bodies must make decisions as a whole at properly called meetings to ensure collective judgment is reflected.
    • The common-law rule predating the Act emphasizes the importance of meetings for exercising governmental powers.
    • Legislative changes can modify the requirement of collective meetings.

    Executive Sessions

    • "Executive session" refers to a closed meeting that is not accessible to the public, as defined in TEX. GOV’T CODE § 551.101.
    • Closed meetings are distinct terminologies often used interchangeably with executive sessions.

    Training Requirements

    • The Attorney General ensures training is available for public officials on Open Meetings Act compliance.
    • A minimum of one approved course must be offered at no cost via accessible mediums like video or DVD.
    • Training content includes:
      • Legal requirements for open meetings
      • Applicability of the Act to governmental bodies
      • Procedures regarding quorums, notices, and recordkeeping
      • Conducting open vs. closed meetings
      • Penalties for non-compliance
    • Completion certificates are issued, and records are maintained for public access.

    Definition of Governmental Bodies

    • Governmental body includes various entities, such as:
      • Boards and commissions within state government
      • County commissioners and municipal governing bodies
      • School district boards and other educational entities
      • Nonprofit corporations eligible for specific public funding under certain statutes.
    • Nonprofit corporations not established for governmental functions typically do not qualify as governmental bodies, unless specified.

    Public and Private Entities

    • Nonprofits operating solely for business purposes typically are not subject to the Act unless stated otherwise in their governing documents.
    • Receiving public funds does not automatically render a private entity a governmental body.

    Notice Requirements

    • Written notice of meetings must include the date, hour, place, and subjects for discussion, as mandated by the Act.
    • The Act requires advance notice for both open meetings and closed sessions, but does not require specifying session types in notices.
    • Judicial decisions or Attorney General opinions do not mandate indicating discussion types in meeting notices but some bodies may choose to do so.

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    Description

    This quiz explores the principles governing governmental bodies, particularly the requirement to hold meetings for decision-making. It delves into the common-law rule that mandates a collective meeting to ensure all members can voice their opinions and contribute to discussions. Test your understanding of these vital legislative processes.

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