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BCB LEGAL

BOARD INTERNAL ORGANIZATION: BOARD COMMITTEES

The Open Meetings Act (OMA), Government Code Chapter 551, applies to board committee meetings if:

1. At least a quorum of the board is on the committee;

2. A quorum of the board is present at the committee meeting, even though less than a quorum is actually on the committee; or

3. Less than a quorum of the board is on the committee, but the committee is authorized to make final decisions or control or supervise public business.

A committee that includes less than a quorum of board members is not subject to the OMA if it serves a purely advisory function with no power to supervise or control public business. Atty. Gen. Op. Nos. GA-957 (2012), JC-60 (1999), JH-994 (1977); Willmann v. City of San Antonio, 123 S.W.3d 469 (Tex. App.—San Antonio 2003, pet. denied) [See BD]

DATE ISSUED: 4/10/2023

LDU 2023.02

BCB(LEGAL)-LJC