• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • MarketPlace
  • CJCAT
    • From the President
    • From the General Counsel
    • North and East Texas County Judges and Commissioners Association
    • South Texas County Judges and Commissioners Association
    • West Texas County Judges and Commissioners Association
    • Commissioners Court Conference Calendar
  • Conferences
  • Texas County Directory
    • Buy Subscription
    • Login
    • Browse Directory
  • Advertise
  • About Us
    • Meet Our Team
    • Subscribe
    • Previous Issues
      • 2023 Previous Issues
      • 2022 Previous Issues
      • 2021 Previous Issues
      • 2020 Previous Issues
      • 2019 Previous Issues
      • 2018 Previous Issues
      • 2017 Previous Issues
      • 2016 Previous Issues
      • 2015 Previous Issues
      • 2014 Previous Issues
  • Home
  • Legislature
  • Monuments of Justice
  • Key Concept
  • Commissioners Court
  • Texas Counties
  • Obituaries
Texas County Progress

Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

Open Meetings A.G. Opinion

December 22, 2004 by Sarah L

The rules concerning meetings of the commissioners court are often confusing. The overlapping statutes found in the Local Government Code and the Open Meetings Act in the Government Code create potential traps for unsuspecting commissioners court members. Violations of these statutes carry heavy penalties, both civil and criminal. Seek legal advice on any question concerning these requirements.

A recent Attorney General Opinion (GA-0277) has provided answers for several questions concerning executive sessions of the commissioners court. First, the opinion addressed the issue of whether the county clerk is entitled to attend the executive session. The opinion concluded that “While Section 81.003 of the Local Government Code requires the county clerk or deputy clerk to act as the commissioners court’s clerk for its open sessions, the court may exclude the county clerk from attending and acting as its clerk in executive sessions.” Therefore, the commissioners court has the discretion to allow or deny the county clerk admission to executive sessions of the court.

Second, the opinion discussed the proper custodian of the tape or certified agenda of an executive session. The attorney general concluded that the commissioners court as a governmental body is the proper custodian of a tape or certified agenda of an executive session, but it may delegate that duty to the county clerk. The court, by majority vote of its membership, is the body duly authorized to adopt or change this policy.

Finally, the opinion addressed whether relinquishing the tape or certified agenda to the clerk would make it available for public inspection. The attorney general affirmed that a certified agenda or tape of an executive session is confidential and may only be released to the public by a court order. A.G. Opinion GA-0277 should resolve some lingering questions about executive sessions.

Legislative Note: Watch for legislative updates on the State Association Web site: www.cjcat.org. Send your e-mail address to cjca@allison-bass.com for more frequent updates.

For more information, please call me at 1-800-733-0699.
Jim Allison, General Counsel CJCAT

Filed Under: Attorney General's Opinions, Feature Story Tagged With: Attorney General's Opinions, Texas Open Meetings Act

Primary Sidebar

Search County Progress

May 2025

May 2025

County Progress May 2025 Issue

If you'd like to view our previous issues, click here.

Commissioners Court Meeting Decorum

Sample Rules of Procedure, Conduct, and Decorum at Meetings of the County Commissioners Court

Resolutions

Unfunded Mandate Resolution

The latest resolutions passed by the County Judges and Commissioners Association of Texas and the three Regional Associations are available at the links below.

County Judges and Commissioners Association of Texas Resolutions 2024

North & East Texas Resolutions 2024 

South Texas Resolutions 2024

West Texas Resolutions 2025

 

Subscribe to County Progress

Subscribe: Newsletter | Magazine | Directory

Connect with us online.

Facebook spacer Twitter spacer LinkedIn spacer Instagram

Footer

Search County Progress

Privacy Policy

Cookie Policy

County Progress

3457 Curry Lane
Abilene, TX 79606
325.673.4822
countyprogress@zacpubs.com

Categories

© 2025 · Zachry Publications

Cart
  • Your cart is empty! Return to shop
Checkout - $0.00
  • 0
  • 1