Did the Attorney General Shine Light on the Confusion in Texas' Sunshine Law? Interpreting Open Meetings Act Provision § 551.143

Abstract

This article discusses the May 2005 Attorney General Opinion, as well as other past Attorney General Opinions and court cases that address the meaning of section 551.143. It also examines what may or may not be permissible under the Act when fewer than a quorum of members of a governing body meet. It begins by explaining the Texas Open Meetings Act and its purpose. It explains the persisting confusion that local officials face when they desire to steer clear of violating the Act, and the desire for a bright-line rule that clearly defines when discussions among members of a governing body outside of a formal public meeting are permissible and when they are not. Lastly, the article states what is still unclear under § 551.143.