Texas Government Code 551.074: Closing Personnel Meetings and Hearing Rights

Texas Government Code Section 551.074 is the personnel exception to the Texas Open Meetings Act. It lets a governmental body close a meeting to deliberate about the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against one.¹ The exception is narrow, procedural, and easy to misuse. Getting it wrong can void the body’s decision and expose individual members to criminal penalties.

What the Statute Authorizes

Section 551.074 contains two separate authorizations. The first covers private deliberation about personnel actions: hiring, evaluation, reassignment, duties, discipline, or dismissal. A routine annual performance review fits here. The second covers hearing a complaint or charge against an officer or employee. A formal allegation of misconduct fits here.¹

The authority is to deliberate, not to decide. The body can discuss a candidate, weigh evidence, and hear from counsel behind closed doors, but it cannot take a final vote or make a binding decision there. The Attorney General has warned that bodies should not take straw votes or otherwise try to count votes in executive session, even informally.² Any action goes back to open session.

Who Qualifies as an Officer or Employee

Section 551.074 reaches only public officers and employees. Independent contractors and third-party consultants are not covered, even if they are paid regularly or work on-site. A board that closes a meeting to discuss a contractor’s performance has no statutory basis for the closure and has violated the Open Meetings Act.

The line is not always obvious. The classification turns on control: whether the body directs how the work is performed, whether it supplies tools, whether it offers benefits like insurance or a pension, and whether the relationship is ongoing or project-based.³ No single factor controls. If the status is unclear, resolve it before closing the doors.

The Employee Can Demand a Public Hearing

This is the provision that catches boards off guard. If the officer or employee who is the subject of the discussion requests a public hearing, the deliberation must be held in open session. The body has no discretion to refuse.¹

The statute does not set a deadline for the request or require writing. As a practical matter, written notice to the presiding officer before the meeting avoids a last-minute agenda scramble. The employee should think carefully before using this override. Once the discussion is open, everything said becomes part of the public record.

How to Close the Meeting Correctly

A body cannot simply shut the doors and start talking. The Open Meetings Act requires a specific sequence, and skipping a step makes the closed session unauthorized.

Post written notice of the meeting’s date, time, place, and subject matter in advance. The notice should indicate that the body may go into executive session.⁴
Convene first in open session with a quorum present. The presiding officer must then announce that a closed meeting will be held and identify the specific Government Code section authorizing it. For personnel matters, that citation is Section 551.074.⁵
Keep the discussion inside the announced subject. Drifting into unrelated topics that lack their own closed-session authorization is a violation.
Return to open session for any final action, decision, or vote. The open meeting itself must comply with the Act’s notice provisions.²

Failing to cite Section 551.074 in the announcement, or citing the wrong section, can make the closed session unauthorized. The announcement exists so the public knows why they are being excluded and can challenge the closure if the stated basis does not fit.

What Has to Be Recorded and Kept

After the closed session, the body must preserve either a certified agenda or a recording. The exemption for private consultations with the body’s attorney under Section 551.071 does not extend to personnel sessions under Section 551.074.⁶

A certified agenda must include a statement of the subject matter discussed, a record of any further action taken, and announcements by the presiding officer at the start and end of the session noting the date and time. The presiding officer certifies that the agenda is a true and correct record. A recording must at minimum capture the presiding officer’s opening and closing announcements with the date and time.⁶

The records must be preserved for at least two years after the meeting. If a lawsuit involving the meeting is filed within that period, they must be kept through the litigation. They are confidential and not available through a standard open records request. Only a court, in a suit alleging an Open Meetings Act violation, can order the records disclosed. The court may inspect them privately and then decide whether to release all or part of the material.⁷

Federal retention rules can run alongside the state rule. The EEOC requires employers, including public entities, to keep personnel and employment records for at least one year, and for one year from the termination date for involuntarily terminated employees. If an EEOC charge is filed, related records must be kept until final disposition of the charge or any resulting lawsuit.⁸ Keep records for whichever period is longer.

What Happens If the Body Gets It Wrong

Any action taken in violation of the Open Meetings Act is voidable, meaning a court can undo it.⁹ If a board hires a superintendent during an improperly closed session and then ratifies the decision in open session, the entire action can be set aside.

Individual members face criminal exposure as well. A member who knowingly calls, aids in organizing, or participates in an unauthorized closed meeting commits a misdemeanor punishable by a fine of between $100 and $500, confinement in county jail for one to six months, or both.¹⁰ The statute requires knowing conduct, so a member who genuinely did not realize the closure was unauthorized has a defense. Ignorance of basic procedure is a thin shield when the requirements are this simple.

Two Federal Boundaries to Watch

Section 551.074 governs when the meeting can be closed. It does not override federal law that controls what happens inside the discussion.

If the employee can only be dismissed for cause, federal due process attaches to the termination decision. Under Cleveland Board of Education v. Loudermill, that employee is entitled to written notice of the charges, an explanation of the evidence, and a chance to respond before a final decision. A more formal post-disciplinary appeal with witnesses and cross-examination follows if discipline is imposed. A closed session used to rubber-stamp a termination without this process can expose the entity and its members to personal liability under 42 U.S.C. § 1983.¹¹

Medical information is also fenced off by federal law. Under the Americans with Disabilities Act, medical information obtained through a medical exam or inquiry must be kept in files separate from general personnel records and treated as confidential, with access limited to supervisors who need to know about restrictions or accommodations, safety personnel responding to emergencies, and government officials investigating ADA compliance. The rule applies to all employees, not just those with a recognized disability. The Family and Medical Leave Act imposes similar separate-file and need-to-know rules on medical certifications obtained for FMLA leave. A board member in a closed personnel session should not be hearing detailed medical diagnoses unless that information is directly relevant to the decision and the member has a legitimate need for it.

1
State of Texas. Texas Government Code 551.074 – Personnel Matters; Closed Meeting
2
Texas Attorney General. Open Meetings Act Handbook 2026
3
Internal Revenue Service. Independent Contractor (Self-Employed) or Employee?
4
State of Texas. Texas Government Code 551.041 – Notice of Meeting Required
5
State of Texas. Texas Government Code 551.101 – Requirement to First Convene in Open Meeting
6
State of Texas. Texas Government Code 551.103 – Certified Agenda or Recording Required
7
State of Texas. Texas Government Code 551.104 – Certified Agenda or Recording; Preservation; Disclosure
8
U.S. Equal Employment Opportunity Commission. Recordkeeping Requirements
9
State of Texas. Texas Government Code 551.141 – Action Voidable
10
Texas Public Law. Texas Government Code 551.144 – Closed Meeting; Offense; Penalty
11
Office of the Law Revision Counsel. 42 US Code 1983 – Civil Action for Deprivation of Rights