The Briefing Room

State Chapters => Texas => Topic started by: Sanguine on February 27, 2019, 04:02:39 pm

Title: Texas Court of Criminal Appeals strikes down provision of Open Meetings Act as "unconstitutionally v
Post by: Sanguine on February 27, 2019, 04:02:39 pm

Quote

“We do not doubt the legislature’s power to prevent government officials from using clever tactics to circumvent the purpose and effect of the Texas Open Meetings Act,” Presiding Judge Sharon Keller wrote for the majority. “But the statute before us wholly lacks any specificity."

by Emma Platoff Feb. 27, 20199:46 AM

In a major blow to the state’s government transparency laws, Texas’ highest criminal court has struck down a significant provision of the Texas Open Meetings Act, calling it “unconstitutionally vague.”

That law, which imposes basic requirements providing for public access to and information about governmental meetings, makes it a crime for public officials to “knowingly [conspire] to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations.” Craig Doyal, the Montgomery County judge, was indicted under that statute for allegedly conducting “secret deliberations,” without a quorum of the commissioners court present, about a November 2015 county road bond....

https://www.texastribune.org/2019/02/27/texas-court-criminal-appeals-open-meetings-act-unconconstitutional/?utm_source=Editorial%3A+Texas+Tribune+Master&utm_campaign=8d6c741406-trib-newsletters-breaking-alert&utm_medium=email&utm_term=0_d9a68d8efc-8d6c741406-101231773&mc_cid=8d6c741406&mc_eid=6276fc82d6 (https://www.texastribune.org/2019/02/27/texas-court-criminal-appeals-open-meetings-act-unconconstitutional/?utm_source=Editorial%3A+Texas+Tribune+Master&utm_campaign=8d6c741406-trib-newsletters-breaking-alert&utm_medium=email&utm_term=0_d9a68d8efc-8d6c741406-101231773&mc_cid=8d6c741406&mc_eid=6276fc82d6)

Title: Re: Texas Court of Criminal Appeals strikes down provision of Open Meetings Act as "unconstitutional
Post by: thackney on February 27, 2019, 04:14:51 pm

So if two of them are friends and meet for a drink without making a public notice first, they would be in violation?

Title: Re: Texas Court of Criminal Appeals strikes down provision of Open Meetings Act as "unconstitutional
Post by: Sanguine on February 27, 2019, 04:18:32 pm

Quote from: thackney on February 27, 2019, 04:14:51 pm

So if two of them are friends and meet for a drink without making a public notice first, they would be in violation?

Only if they discussed issues in a substantive way.