Texas Statutes & Codes Annotated by Lexisnexis(R)

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Tex. Gov't Code § 551.0725

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Texas Statutes & Codes Annotated by LexisNexis(R)

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*** This document is current through the 2015 regular session, 84th Legislature.***

Government Code

Title 5 Open Government; Ethics

Subtitle A Open Government

Chapter 551 Open Meetings

Subchapter D Exceptions to Requirement That Meetings Be Open

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Tex. Gov't Code § 551.0725 (2016)

Sec. 551.0725. Commissioners Courts and Hospital Districts: Deliberation Regarding Contract Being Negotiated; Closed Meeting.

(a) The commissioners court of a county, or a hospital district, may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting:

(1) the commissioners court, or the district board of managers, votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court or the district in negotiations with a third person; and

(2) the attorney advising the commissioners court or the board of managers issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court or the district in negotiations with a third person.

(b) Notwithstanding Section 551.103(a), Government Code, the commissioners court or the board of managers must make a recording of the proceedings of a closed meeting to deliberate the information.

HISTORY: Enacted by Acts 2003, 78th Leg., ch. 1287 (H.B. 2004), § 1, effective June 21, 2003; am. Acts 2011, 82nd Leg., ch. 758 (H.B. 1500), § 1, effective June 17, 2011; am. Acts 2011, 82nd Leg., ch. 1341 (S.B. 1233), § 15, effective June 17, 2011; am. Acts 2013, 83rd Leg., ch. 87 (S.B. 471), § 6, effective May 18, 2013.

NOTES:

STATUTORY NOTES

Effect of amendments.

2011 amendment, by chs.758 and 1341, deleted "with a population of 400,000 or more" after "a county" in the introductory language of (a).

2013 amendment, deleted "tape" after "must make a" in (b).

Applicability.

Acts 2011, 82nd Leg., ch. 758 (H.B. 1500), § 2 provides: "The change in law made by this Act applies only to a meeting held on or after the effective date of this Act [June 17, 2011]. A meeting held before the effective date of this Act is governed by the law in effect on the date the meeting is held, and the former law is continued in effect for that purpose."

Acts 2011, 82nd Leg., ch. 1341 (S.B. 1233), § 30(g) provides: "Subsection (a), Section 551.0725, Government Code, as amended by this Act, applies only to a meeting held on or after the effective date of this Act [June 17, 2011]. A meeting held before the effective date of this Act is governed by the law in effect on the date the meeting is held, and the former law is continued in effect for that purpose."