Texas Attorney General Opinion: GA-0896 Page: 3 of 4
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Mr. Don Sloan - Page 3 (GA-0896)
We have not determined whether the electronic communications you include in your
request constitute a deliberation for purposes of the Act. Attempting to make that determination
would require the consideration of fact questions, which we cannot do in the opinion process. Tex.
Att'y Gen. Op. No. GA-0751 (2009) at 1. Nor have we determined whether the members who
disseminated the electronic communications violated the Act. Attempting to make that
determination would require an inquiry into their respective states of mind. See TEX. GOV'T CODE
ANN. 551.143(a) (West 2004) (prohibiting members of a governmental body from "knowingly"
conspiring to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret
deliberations in violation of the Act); id. 551.144(a) (prohibiting a member of a governmental body
from "knowingly" calling or participating in a closed meeting that is not permitted under the Act).
Instead, we conclude that the fact that communications are electronic does not render them free from
the Act's requirements.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0896, text, 2011; (texashistory.unt.edu/ark:/67531/metapth275792/m1/3/: accessed September 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.