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Office of the lttornep generall
@tate of Uexas
DAN MORALES June 23, 1993
ATTORNEY GENERAL
Mr. Marcos Hernandez, Jr. Letter Opinion No. 93-55
Criminal District Attorney
Hays County Courthouse Re: Whether the Greater San Marcos
Room 208 Chamber of Commerce, the Greater San
San Marcos, Texas 78666 Marcos Economic Development Council,
and the San Marcos Convention and Visitors
Bureau are governmental bodies subject to
the Texas Open Meetings Act, V.T.C.S.
article 6252-17 (RQ.472)
Dear Mr. Hernandez:
You have asked us to determine whether the Greater San Marcos Chamber of
Commerce (the "chamber of commerce"), the Greater San Marcos Economic
Development Council (the "council"), and the San Marcos Convention and Visitors
Bureau (the "bureau") are governmental bodies subject to the Texas Open Meetings Act
(the "act"), V.T.C.S. article 6252-17. You state that none of these entities is a
governmental agency, but each receives public funds and makes decisions affecting the
economic well-being of the community.
You explain that the chamber of commerce consists primarily of local business
people and merchants. The City of San Marcos (the "city") funds part of the chamber's
budget,' but the chamber of commerce is funded primarily with funds from private
sources. You explain that the council is a subdivision of the chamber of commerce.
Apparently, the city has contracted with the chamber of commerce to administer an
economic development program pursuant to section 380.001(a) of the Local Government
Code. Under the contract, the chamber of commerce is to provide personnel, equipment,
supplies, and vehicles for the administration of the economic development services, as well
as office facilities at the chamber's building and utilities. The city council is to approve the
council's budget.
You have advised that the bureau also is a subdivision of the chamber of
commerce. The bureau is funded primarily by the city's hotel/motel tax. See generally
Tax Code 351.101. Section 351.101(a) of the Tax Code authorizes a municipality to
use the revenues collected from a hotel occupancy tax for, among other things,
encouraging, promoting, improving, and applying the arts, and historical and preservation
tWe note that the Texas Court of Civil Appeals has held, in Kordus v. City of Garland, that
article I, section 52 and article XI, section 3 of the Texas Constitution prohibit a city from donating
money to a chamber of commerce. See Kordus v. City of Garland, 561 S.W.2d 260, 261 (rex. Civ.
App.-Tyler 1978, writ refd n.r.e.).
