Podcast
Questions and Answers
What is the common-law rule regarding governmental body meetings?
What is the common-law rule regarding governmental body meetings?
What is meant by the term 'executive session'?
What is meant by the term 'executive session'?
What opportunity does the common-law rule give to members of a governmental body?
What opportunity does the common-law rule give to members of a governmental body?
How can the common-law rule about governmental body meetings be changed?
How can the common-law rule about governmental body meetings be changed?
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Which statement is incorrect regarding the board's authority in clemency matters?
Which statement is incorrect regarding the board's authority in clemency matters?
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What must a governmental body do to exercise its powers?
What must a governmental body do to exercise its powers?
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Which of the following best describes the purpose of meetings for governmental bodies?
Which of the following best describes the purpose of meetings for governmental bodies?
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What happens if the Legislature changes the requirement for meetings?
What happens if the Legislature changes the requirement for meetings?
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What is the definition of a 'governmental body' according to the Government Code?
What is the definition of a 'governmental body' according to the Government Code?
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Which of the following is NOT classified as a governmental body?
Which of the following is NOT classified as a governmental body?
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Which type of board is defined as a governmental body?
Which type of board is defined as a governmental body?
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What is the status of meetings held by a governmental body?
What is the status of meetings held by a governmental body?
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Which of the following is included in the definition of a governmental body?
Which of the following is included in the definition of a governmental body?
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The governing board of which entity is classified as a governmental body?
The governing board of which entity is classified as a governmental body?
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What is the implication of a defendant completing a training course under the Act?
What is the implication of a defendant completing a training course under the Act?
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Which of the following does NOT qualify as a governmental body under subsection 551.001(3)?
Which of the following does NOT qualify as a governmental body under subsection 551.001(3)?
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What is the minimum duration for the training course mandated for public officials?
What is the minimum duration for the training course mandated for public officials?
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Which subject is NOT specifically mentioned as a requirement in the training course?
Which subject is NOT specifically mentioned as a requirement in the training course?
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Who is responsible for ensuring the availability of the training courses?
Who is responsible for ensuring the availability of the training courses?
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What must the entity providing the training issue upon completion?
What must the entity providing the training issue upon completion?
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In addition to a certificate, what must a governmental body maintain regarding the training?
In addition to a certificate, what must a governmental body maintain regarding the training?
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What type of medium must at least one approved course be available on?
What type of medium must at least one approved course be available on?
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What is one of the subjects that the training must cover regarding meetings?
What is one of the subjects that the training must cover regarding meetings?
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Which of the following is an acceptable source for the training courses?
Which of the following is an acceptable source for the training courses?
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What must a governmental body provide written notice of according to the Act?
What must a governmental body provide written notice of according to the Act?
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Which of the following is NOT required in the notice of a closed meeting?
Which of the following is NOT required in the notice of a closed meeting?
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Is it necessary for a governmental body to indicate in the notice if a subject will be discussed in open or closed session?
Is it necessary for a governmental body to indicate in the notice if a subject will be discussed in open or closed session?
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What is the purpose of the written notice mandated by Section 551.041 of the Act?
What is the purpose of the written notice mandated by Section 551.041 of the Act?
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Certain entities outside of the Act may have specific provisions. Which of the following is mentioned in the content related to broadcasting requirements?
Certain entities outside of the Act may have specific provisions. Which of the following is mentioned in the content related to broadcasting requirements?
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Which type of organization is generally not considered a governmental body under the Act?
Which type of organization is generally not considered a governmental body under the Act?
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Which of the following entities is explicitly considered a governmental body under the Act?
Which of the following entities is explicitly considered a governmental body under the Act?
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What is required for a nonprofit corporation to be subject to the Act’s meeting requirements?
What is required for a nonprofit corporation to be subject to the Act’s meeting requirements?
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Which of the following statements is true regarding nonprofit corporations and their governmental body status?
Which of the following statements is true regarding nonprofit corporations and their governmental body status?
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What general principle applies to private entities and their classification as governmental bodies under the Act?
What general principle applies to private entities and their classification as governmental bodies under the Act?
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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.