Chapter 551 of the Texas Government Code: Open Meetings Act

The Texas Open Meetings Act, codified as Chapter 551 of the Texas Government Code, requires state and local governmental bodies to conduct their business in public: meetings must be posted in advance, held in a space the public can enter, and open to observation and recording, with only narrow exceptions for closed sessions. Officials who violate it face criminal charges, and decisions made in violation can be undone by a court.

Which Bodies Have to Follow It

The Act reaches almost every public decision-making body you can name at the state and local level. Section 551.001 defines “governmental body” to include boards, commissions, departments, committees, and agencies in the executive or legislative branch that are directed by elected or appointed members. The definition also covers county commissioners courts, city councils, school district boards of trustees, and any deliberative body with rulemaking or quasi-judicial power operating as a subdivision of a county or municipality.1State of Texas. Texas Government Code GOV’T 551.001 – Definitions If a body makes decisions that affect the public and is part of state or local government, Chapter 551 almost certainly applies.

When a Gathering Becomes a Meeting

A “meeting” under the Act is any deliberation between a quorum of a governmental body about public business it supervises or controls. A quorum is a majority of the members unless the body’s governing rules set a different number. The definition also catches gatherings called by or for the body where a quorum is present and members receive or exchange information about public business with a third person.1State of Texas. Texas Government Code GOV’T 551.001 – Definitions

A quorum showing up at a social event, a conference, or a press conference does not automatically trigger the Act, as long as the body takes no formal action and any discussion of public business is incidental to the event itself.1State of Texas. Texas Government Code GOV’T 551.001 – Definitions The protection disappears the moment members start deliberately working through a policy question.

Walking Quorums

Section 551.143 closes the obvious workaround. A member commits an offense by knowingly participating in a series of private, one-on-one or small-group conversations about an issue within the body’s jurisdiction when those conversations, taken together, involve enough members to form a quorum and amount to a deliberation.2State of Texas. Texas Government Code 551.143 – Prohibited Series of Communications; Offense; Penalty Without this rule, five members of a nine-member board could reach consensus through a chain of calls between pairs, none of which individually constitutes a quorum. The knowledge element matters: the member must have known the chain involved or would involve a quorum.

Notice You Should See Before a Meeting

Every meeting requires written notice stating the date, time, location, and subject matter.3State of Texas. Texas Government Code 551.041 – Notice of Meeting Required The subject descriptions must be specific enough to tell the public what is actually at stake. Vague catch-alls like “General Business” or “Personnel” do not satisfy the statute.

Section 551.043 requires the notice to be posted in a place readily accessible to the general public for at least three business days before the meeting. In practice that means a physical bulletin board at a central location like city hall or the county courthouse. When internet posting is required or allowed, the body must make a good-faith attempt to keep the notice continuously online during the entire posting period, and must still physically post it.4State of Texas. Texas Government Code 551.043 – Time and Accessibility of Notice; Posting of Budget; General Rule

Emergency Meetings

The three-day window shrinks when a genuine emergency arises. Section 551.045 lets a body post notice just one hour before convening, but only for matters directly related to the emergency. The statute defines emergencies narrowly: an imminent threat to public health and safety, or a reasonably unforeseeable situation like a natural disaster, power failure, epidemic, or civil disturbance.5State of Texas. Texas Government Code 551.045 – Exception to General Rule: Notice of Emergency Meeting or Emergency Addition to Agenda The notice must identify the emergency, and the body cannot use the session to take up unrelated business.

Your Rights as a Member of the Public

Section 551.002 states plainly that every regular, special, or called meeting must be open to the public, except where the Act itself authorizes a closed session.6State of Texas. Texas Government Code 551.002 – Open Meetings Requirement The meeting space has to be large enough and accessible enough for people to observe.

You can record what happens. Section 551.023 allows anyone who attends an open meeting to use audio recorders, video cameras, or any other means of capturing the proceedings. The body may adopt reasonable rules about where equipment is placed and how recording is conducted, but those rules cannot prevent or unreasonably impair the right to record.7State of Texas. Texas Government Code GOV’T 551.023 – Recording of Meeting by Person in Attendance

You also have a right to speak. Section 551.007 requires the body to allow any member of the public to address it on an agenda item before or during the body’s consideration of that item.8State of Texas. Texas Government Code GOV’T 551.007 – Public Testimony Officials can set reasonable time limits on individual speakers, but they cannot shut public input out of posted agenda items altogether.

When Officials Can Close the Doors

The Act carves out a short list of situations where a body may meet in closed session. The common ones:

Before entering any closed session, the presiding officer must convene the body in open meeting, confirm a quorum, and publicly announce the specific statutory section authorizing the closure. No final votes or binding decisions may happen in the closed session. All official action takes place after the body reconvenes in public.

Closed sessions are not entirely off the record. Section 551.103 requires the body to keep either a certified agenda or a recording of every closed meeting, with one exception: private attorney consultations under Section 551.071 are exempt. A certified agenda includes a statement of what was discussed, a record of any further action taken, and the presiding officer’s time announcements at the beginning and end of the session; the presiding officer certifies it as true and correct.12State of Texas. Texas Government Code 551.103 – Certified Agenda or Recording Required If a violation is later alleged, a court can review that record.

Videoconference Meetings

Section 551.127 allows governmental bodies to meet by videoconference, with rules structured so remote meetings don’t undermine public access. For most local bodies, a quorum must be physically present at one meeting location.13State of Texas. Texas Government Code 551.127 – Videoconference Call For state bodies, or bodies spanning three or more counties, the presiding officer must be physically present at a location open to the public.

The notice must identify the physical location where the quorum (or presiding officer) will be, and that location must stay open to the public during open portions of the meeting. Every open portion must be both visible and audible to the public at that location. If a technical problem breaks the feed, the body must recess until it is fixed; if the problem is not resolved within six hours, the meeting must be adjourned. The body must also make at least an audio recording of a videoconference meeting and make it available to the public.13State of Texas. Texas Government Code 551.127 – Videoconference Call

What Happens When the Act Is Violated

Chapter 551 is one of the relatively rare Texas statutes that imposes criminal liability directly on individual officials for transparency failures. Section 551.143 covers walking quorums. Section 551.144 covers unauthorized closed meetings: a member commits an offense by knowingly calling, organizing, or participating in a closed meeting the Act does not permit. Both offenses carry the same penalty: a fine of $100 to $500, county jail time of one to six months, or both. Members charged under Section 551.144 have an affirmative defense if they reasonably relied on a court order or a written interpretation of the Act from a court of record, the attorney general, or the body’s own attorney.14State of Texas. Texas Government Code 551.144 – Closed Meeting; Offense; Penalty

The civil side can be even more disruptive. Section 551.141 makes any action taken by a governmental body in violation of the Act voidable.15State of Texas. Texas Government Code 551.141 – Action Voidable A court can undo a contract, policy, or resolution that was approved without proper notice or access.

How to Enforce It Yourself

Section 551.142 gives any interested person, including members of the news media, the right to bring a lawsuit seeking mandamus or an injunction to stop, prevent, or reverse a violation. A plaintiff who substantially prevails can recover litigation costs and reasonable attorney fees, though the court considers whether the suit was brought in good faith and whether the body’s conduct had a reasonable basis in law.16State of Texas. Texas Government Code GOV’T 551.142 – Mandamus; Injunction If you believe a Texas governmental body is deliberating in secret, posting inadequate notice, or closing meetings without authority, that is the route the statute provides.