Did the Open Meetings Act cover an advisory council for a major resource system of Texas public libraries?
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This page answers the general question as of 1984. Ask about yours and see what current Texas law means for your facts, with citations you can check.
Texas AG Opinion JM-183: Library Council Open Meetings
Plain-English summary
JM-183 concluded that an advisory council to a major resource system of Texas libraries was not a governmental body under the Open Meetings Act and therefore was not subject to the act.
"An advisory council to a major resource system of libraries is not a 'governmental body' for purposes of the Open Meetings Act, and is therefore not subject to its provisions."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
The opinion described the council as a hybrid. Its members were locally selected across multiple political subdivisions, while the library system itself formed part of the statewide system created under the Library Systems Act.
"An advisory council is, in fact, a hybrid entity which is not 'within the executive ... department of the state,' because its members are selected locally; and it is not 'a department, agency, or political subdivision' of any particular county or city, since its members are selected from a number of political subdivisions."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
JM-183 also concluded that the advisory council did not constitute a special district.
"Neither do we believe that an advisory council constitutes a 'special district.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Currency note
This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
What controlled whether the Open Meetings Act applied?
The opinion said the question turned on whether the entity fit the act's definition of a governmental body.
"Whether a particular entity is subject to the Open Meetings Act depends upon whether it is a 'governmental body' within the meaning of section 1(c) of the act."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Who selected advisory-council members?
The governing body of each member library selected a representative, and those representatives elected the initial council and later filled council vacancies through annual elections.
"The governing body of each member library of the system shall elect or appoint a representative for the purpose of electing council members."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
How many lay members served on each council?
Six lay members representing the system's member libraries.
"An advisory council for each major resource system is established, consisting of six lay members representing the member libraries of the system."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Why was the council not a state executive body?
Its members were chosen locally rather than appointed within the state's executive department.
"It is not 'within the executive ... department of the state,' because its members are selected locally."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Why was the council not a county or city entity?
Its members came from several political subdivisions rather than from one county or city.
"It is not 'a department, agency, or political subdivision' of any particular county or city, since its members are selected from a number of political subdivisions."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Could the legislature bring such councils under the act later?
JM-183 said the council remained outside the definition unless the legislature amended the statute to include that kind of hybrid entity.
"Until the legislature amends the statute to include such an entity within the definition of 'governmental body,' we must conclude that an advisory council to a major resource system of libraries is not subject to the Open Meetings Act."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Background and statutory framework
The Library Systems Act defined a major resource system as a network of library systems attached to a major resource center, with area and community libraries cooperating within the network.
"A network of library systems attached to a major resource center, consisting of area libraries joined cooperatively to the major resource center and of community libraries joined cooperatively to area libraries or directly to the major resource center."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
A library system consisted of at least two public libraries cooperating under commission approval to improve service and make resources available throughout their collective service area.
"Two or more public libraries cooperating in a system approved by the Commission to improve library service and to make their resources accessible to all residents of the area which the member libraries collectively serve."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Major resource systems were established as integral parts of the state library system, but advisory-council members were selected by local governing bodies.
"Major resource systems are established by the commission as integral parts of the state library system mandated by the Library Systems Act."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Citations and references
- Article 6252-17 supplied the Open Meetings Act definition of governmental body.
"Whether a particular entity is subject to the Open Meetings Act depends upon whether it is a 'governmental body.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
- Article 5446a supplied the library-system definitions and advisory-council structure.
"Section 10 of article 5446a provides" for an advisory council for each major resource system.
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0183
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0183.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney
General of Texas
JIM MATTOX
,J~ly 26, 1984
Attorney General
Supreme Court Building Mr. Raymond Hitt Opinion No. JM-183
,P. 0. Box 12548
Director
Aus!in. TX. 78711. 2548 Library Development Division Re: Application of the Open
5121475-2501 Texas State Librar), Meetings Act to functions
Telex 9101874-1367
Telecopier 5121475-0266
P. 0. Box 12927
performed by the advisory
Austin, Texas 78711
council of major resource
system libraries
714 Jackson, Suite 700
Dallas. TX. 75202.4506
Dear Mr. Hitt:
214/742-8944
You have asked whether an advisory council to a major resource 4824 Alberta Ave.. Suite IS0 system of libraries:created under article 5446a. V.T.C.S., the Library El Paso, TX. 79905.2793 Systems Act, is sullject to the Open Meetings Act, article 6252-17,
915/533-34&l
V.T.C.S. Whether a particular entity is subject to the Open Meetings
Act depends upon blhether it is a "governmental body" within the ,rrOQl Texas, Suite 700 meaning of section l(c) of the act, which defines a "governmental douston, TX. 77W2~3111 body" as 71312236WJ6 any boari, commission, department, committee, or agency within the executive or legislative 606 Broadway. Suite 312
Lubbock, TX. 79401.3479 department of the state . . . every Commissioners
8061747-5238
Court and city council in the state, and every
deliberal:j.ve body having rule-making or quasi-jutlj.cial power and classified as a 4309 N. Tenth, Suite S department,,agency, or political subdivision of a McAlle”. TX. 79501-1685
5121692-4547 county or city; and the board of trustees of every school d:l!itrict, and every county board of school trustees and county board of education; and the
200 Main Plaza, Suite 400
governing; board of every special district
San Antonio, TX. 78205.2797 heretofor@!or hereafter created by law.
6121225-4191
Section 10 of article 5446a provides in part as follows:
An Equal OpportunityI
Affirmative Action Employer
(a) Au advisory council for each major resource
system :.fiestablished, consisting of six lay members capresenting the member libraries of the system.
(b) Tna governing body of each member library of the system shall elect or appoint a represenixltivefor the purpose of electing council Mr. Raymond Hitt - Page 2 (CM-183)
shall meet following members. The rep:c~!sentatives their selection snd shall elect the initial council from thsir group. Thereafter, the representatives in an annual meeting shsll elect members of their i;roup to fill council vacancies arising due to expiration of terms of office . . . .
defines a "major resource system”
Section 2(6) of article 544's,,
as
a network of 1ib:r;lrysystems attached to a major resource center, consisting of area libraries joined cooperatively to the major resource center and of community libraries joined cooperatively to area libraries OX directly to the major resource center.
A "library system" is defined as
two or more public libraries cooperating in a system approved by the Commission to improve library service and to make their resources accessible to all residents of the area which the member libraries collectively serve.
V.T.C.S. art. 5446a. §2(4). A "major resource center" denominates
a large public Library serving a population of 200,000 or more within 4,000 or more square miles, and designated 881 the central library of a major resource system 1:or referral service from area libraries in the system, for cooperative service with other libraries in the system, and for federated operat!.cwswith other libraries in the system.
V.T.C.S. art. 5446a. §2(7).
Major resource systems are established by the commission as integral parts of the stats library system mandated by the Library Systems Act. V.T.C.S. arc:. 5446a, %§5. 6. On the other hand, the members of advisory councils are selected by the local governing bodies, i.e., city council!; or county commissioners courts, of the member libraries of the major resource systems. An advisory council is. in fact, a hybrid entier which is not "within the executive . . . department of the state," lpecause its members are selected locally; and it is not "a department, agency, or political subdivision" of any particular county or city, since its members are selected from a number of political subd:.\Fisions.Neither do we believe that an Mr. Raymond Hitt - Page 3 (JM-183)
advisory council constitutes a "special district." It is apparent that the legislature, when it enacted the Open Meetings Act, did not contemplate the existence (11' the kind of hybrid body in question here. llntil the legislature amends the statute to include such an entity within the definition of "l;ovemmental body," we must conclude that an advisory council to a mcjor resource system of libraries is not subject to the Open Meetings Act.
SUMMARY
An advisory council to a major resource system of libraries is not s "governmental body" for purposes of tt.E Open Meetings Act, and is therefore not sub.lectto its provisions.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 805
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