Texas Attorney General Opinion: M-180 Page: 2 of 3
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Hon. V. Murray Jordan, page 2 (M-ISO)
second, the taping of its nieeting for broad-
cast at a later time. If the Court requires
the removal of broadcasting and/or recording
equipment, would it be a violation of the terms
of said Act.
"Please consider that Court meetings are
generally informal with far ranging topics dis-
cussed in such an atmosphere that actual broad-
cast of the proceedings would tend to limit
free discussion by both commissioners and per-
sons appearing before the Court. As far as I
know, the Court sessions have always been open
to all members of the public including press
and radio without any problem of limiting free
Senate Bill 94, Acts 60th Legislature, Regular Se:ssion,
Ch. 271, p. 597 (codified as Article 6252-17, Vernon's Civil
Statutes), provides that every meeting of every governmental body
shall be open to the public. The caption to this statute pro-
vides that it is an act to prohibit governmental bodies from
holding meetings which are closed to the public.
The commissioners court is the active governing body
of the county; while its authority over the county's business
is limited to that specifically conferred by the Constitution
and the statutes, where a right is thus conferred or obligation
imposed, said court has implied authority to exercise a broad
discretion to accomplish the purposes intended. Dodson v. Marshall,.
118 S.W.2d 621 (Tex.Civ.App. 1938, error dism.). At page b23 the
"Under the provisions of the Constitution
and the statutes above quoted, we think it clear
that the commissioners' court is charged with the
duty of providing a courthouse and has at least
implied authority to regulate the use thereof
within reasonable bounds . .."
In 15 Tex.Jur.2d 265, Counties, Section 37, it is
stated that a commissioners court has implied authority to do
what may be necessary in the exercise of the duties or powers
expressly conferred on it, and the expression "county business"
is to be given a broad and liberal construction so as not to
defeat the purposes of the law. Said court shall have all such
other powers and jurisdiction, and shall perform all other duties,
as are now or may hereafter be prescribed by law. Article 2351,
Section 15, Vernon's Civil Statutes.
Where a right is conferred or obligation imposed on
the commissioners court it has implied authority to exercise a
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-180, text, 1968; (texashistory.unt.edu/ark:/67531/metapth269399/m1/2/: accessed February 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.