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Is a meeting in session any time a quorum is present?

On Behalf of | Apr 14, 2022 | Firm News |

The short answer is no. There are, when you think about it, many occasions when a quorum of members may be present; either at an event related to or wholly unrelated to government process.

Three times when a quorum is not a meeting

For precise language about this matter please refer to the open meetings act handbook that lays this out in clear and enforceable terms. This blog post is merely to serve as a conversational guide. In general the three events that are not meetings are:

1. A purely social gathering.
2. When members are attending a legislative committee or state agency meeting, with some exceptions.
3. When no notice of a meetings is given and no action taken or discussed.

There are always exceptions and this is not an exhaustive list. This list serves only to provide a general idea of what is not a meeting.

If a non-profit business receives public funds does it have to have public meetings?

Again, the short answer is no, with exceptions. Neither private nor public entities that receive public funds are required to have open meetings. These entities can include chambers of commerce and corporations formed under the Texas Non-Profit Corporation Act which are not typically subject to required open meetings laws. An entity’s own bylaws, however, may make it subject to the open meeting laws. Special state legislation and contractual commitments can also compel an entity to have an open meeting or open meetings.

Where are open meetings posted?

Most of the time the meetings that are required by law to be open to the public will be posted on a public bulletin board, at a school district’s administrative office or on the internet. The posting must happen at least 72 hours before the meeting. Emergency meetings must be posted no later than two hours before the meeting. The reason for the urgent nature of the meeting must also be given.



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