Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
December 5, 1978
JOHN L. HILL
Attorney General
Honorable Thomas H. Haynie Opinion No. H- 1269
Chairman
Texas Private Employment Agency Re: Whether the deliberation
Regulatory Board and vote on findings of fact,
Sam Houston Building conclusions of law and final
Austin, Texas orders by the Private Employ-
ment Agency Regulatory Soard
are required to be conducted in a
public session.
Dear Mr. Haynie:
You have asked whether the Open Meetings Act applies to proceedings
under the Administrative Procedure Act.
You advise that the Private Employment Agency Regulatory Board has
adopted Rule 399.OLOO.O04(h)which provides in part:
A quorum of the Board necessary to transact any
business, including the holding of any hearing in a
contested case, is six (6). Any order or decision issued
by the Board under these hearing rules shall be
approved by a majority in attendance. Such orders or
decisions shall be stated either in the record or shall
be voted on in executive session immediately following
the close of the hearing by vote of the members in
attendance.
(Emphasis added). You argue that the decision-making process under the
Administrative Procedure Act, V.T.C.S. article 6252-13a, is exempted from
the requirements of the Open Meetings Act, V.T.C.S. article 6252-17, and you
urge us to reach the same conclusion.
We fiid no support for the proposition that the Administrative
Procedure Act was in any way designed to permit state agencies to avoid the
requirements of the Open Meetings Act. The Open Meetings Act is designed
for the purpose “of assuring that the public has the opportunity to be
informed concerning the transactions of public business” and should be
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Honorable Thomas H. Haynie - Page 2 (R-1269)
liberally construed to effect that purpose. Toyah Ind. Sch. Dit. v. Pecos-Barstow
2nd. Sch. Dit., 466 S.W.Sd377 (Tex. Civ; App. - San Antonio 1971,no writ). We
believe the Open Meetings Act requires deliberations to be held in public unless
specifically exempted in section 2 of that Act. Corpus Christi C.T.A. v. Corpus
Christi Ind. Sch. Uist., 535 S.W.2d 429 (Tex. Civ. App. - Corpus Christi 1976, no
writ). AR votes are required to be held in open session. V.T.C.S. art. 6252-17, g
SUM~MARY
The Administrative Procedure Act does not provide any
exception to the requirement that governmental bodies meet
in open session.
APPROVED:
C. ROBERTHEATH.Chairman
Opinion Committee
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