Texas Attorney General Opinion: LO97-058 Page: 2 of 6
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Ms. Eliza May - Page 2
You inform us that the commission has created the committee, which is composed
of two commissioners whom the commission chair appointed, one a licensed funeral
director or embalmer and one a commissioner representing the general public, as well as
two commission employees, the executive director and the general counsel. According to
the information you have given us, the committee's functions are twofold. First, the
committee reviews the results of investigations commission employees have conducted in
response to complaints from members of the public or upon commission initiative.
Second, the committee participates in informal conferences with licensees who are
accused of violating article 4582 and whose licenses therefore may be subject to
disciplinary action.
We begin our analysis of your question with a brief discussion of the act. Under
the act, a governmental body must open all of its meetings to the public except in certain
circumstances' For purposes of the act, a "governmental body" includes
"a ... committee .. within the executive or legislative branch of state government that is
directed by one or more elected or appointed members." A "meeting" is "a deliberation
between a quorum of a governmental body, or between a quorum of a governmental body
and another person during which public business or public policy over which the
gorn tal body has supervision or control is discussed or considered or during which
the governmental body takes formal action."'0
Generally, a meeting of less than a quorum of a governmental body is subject to
the act only in certain circumstances. For example, a committee of a governmental body is
itself a governmental body subject tothe act only if the committee supervises or controls
public business or policy.'1 Conversely, a committee that serves a purely advisory
function, with no power to supervise or control public business, is not a governmental
'Gov't Code 551.002; see Id. oh. 551, subch. D (listing exceptions).
told 551.001.
!See, e.g., Attorney General Opinions DM-284 (1994) at 3, JM-331 (1985) at 1-2, H11-772 (1976)
at 2 ee anm Gulf Regional Edr. Televiton Affilate v. ntrfity of Ho on, 746 S.W.2d 803, 809
(Thx. App.-m-Houstron [14th Di~t] 1988, writ denied) (citing Attorney General Opinion H-772 (1976)). To
be sbject to the act, a committee of vea body also nmst be within the exlutive or legislative
department of the state and be under the control of one or more elected or appointed members. See
Atorney General Opinions DM-284 (1994) at 3, JM-331 (1985) at 2, H-772 (1976) at 2. The committee
about wich yu ask is "an entity within the executive or legislative department of the state" Addi-
tionally, for purposes of this opinion, we assume that the committee is "under the control of one or more
elected or appointed members," either because the commissioners are gubernatorial appointees or because
the chair of the commission appoints two commissioners to the committee. Consequently, the sole issue
before us is whether the committee supervises or controls public business or policy when it performs its
dual functions.(L097-058)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-058, text, June 4, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277241/m1/2/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.