EDC attorney briefs members on Open Meetings Act changes, social-media and quorum rules

Austin Beck, attorney assigned to the Hollywood Park EDC, gave a refresher on the Texas Open Meetings Act and related public-records obligations.

Beck told the EDC the law requires the public be able to observe deliberations when a quorum (four of seven members) is present and noted a recent statutory change that requires meeting notices be posted at least three business days before the meeting, not merely 72 hours. He warned board members that a series of written communications or social-media exchanges can create an unlawful deliberation if they involve a quorum's worth of members sharing opinions; he recommended routing materials through the EDC secretary and avoiding reply-all responses.

Beck reviewed common executive-session exceptions, including attorney consultation and negotiation of economic incentives, and said the board must cite the specific statutory exception before going to closed session (he referenced Texas Code Sec. 551.071 for attorney consultation). He also reminded members that city and state ethics rules can require recusal or abstention where conflicts exist.

Beck recommended that if members think a situation may be in a gray area they should ask counsel in advance; he said the attorney general enforces the Open Meetings Act and that violations can lead to actions that render board acts voidable or potentially subject members to penalties in egregious cases.

The presentation included guidance on video conferencing (a quorum must still be physically present) and on committees: standing committees limited to two members reduce the risk of creating a quorum outside a public meeting.

Beck also noted that the Public Information Act applies to records created in government business and that newly appointed members must complete the AG-sponsored open-meetings and public-information trainings required by law.