What are the rules for open meetings of municipal governing bodies?
In Texas, municipal governing bodies are required to follow the Texas Open Meetings Act (TOMA). TOMA requires that government entities conduct their decision-making activities in open meetings. This means that all discussions, deliberations, and voting of the governing body must be done in public. In general, TOMA requires that notice of all meetings be given to the public and media at least 72 hours before the meeting. The notice should disclose when, where, and why the meeting is occurring. The exceptions to the 72-hour rule include emergency meetings, which are subject to shorter notice requirements. Open meetings must also be held at a place reasonably accessible to the public, such as a municipal building or office. TOMA also allows for “executive sessions,” which are discussions and deliberations that take place in private. However, these sessions must be used only for topics the law allows, such as personnel and real estate matters. All final votes and decisions about these topics must be made in an open meeting. The Texas Attorney General is responsible for enforcing TOMA, and has the power to investigate complaints and issue letters advising about TOMA’s requirements. If a governing body disregards the open meetings requirements, individuals may file a lawsuit in a court of law.
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