Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
JIM MATTOX ,J~ly 26, 1984
Attorney General
Supreme Court Building Mr. Raymond Hitt Opinion No. JM-183
,P. 0. Box 12548 Director
Aus!in. TX. 78711. 2548 Library Development Division Re: Application of the Open
5121475-2501 Texas State Librar), Meetings Act to functions
Telex 9101874-1367
Telecopier 5121475-0266
P. 0. Box 12927 performed by the advisory
Austin, Texas 78711 council of major resource
system libraries
714 Jackson, Suite 700
Dallas. TX. 75202.4506
Dear Mr. Hitt:
214/742-8944
You have asked whether an advisory council to a major resource
4824 Alberta Ave.. Suite IS0 system of libraries:created under article 5446a. V.T.C.S., the Library
El Paso, TX. 79905.2793 Systems Act, is sullject to the Open Meetings Act, article 6252-17,
915/533-34&l V.T.C.S. Whether a particular entity is subject to the Open Meetings
Act depends upon blhether it is a "governmental body" within the
,rrOQl Texas, Suite 700
meaning of section l(c) of the act, which defines a "governmental
douston, TX. 77W2~3111 body" as
71312236WJ6
any boari, commission, department, committee, or
agency within the executive or legislative
606 Broadway. Suite 312
Lubbock, TX. 79401.3479
department of the state . . . every Commissioners
8061747-5238 Court and city council in the state, and every
deliberal:j.ve body having rule-making or
quasi-jutlj.cial power and classified as a
4309 N. Tenth, Suite S
department,,agency, or political subdivision of a
McAlle”. TX. 79501-1685
5121692-4547
county or city; and the board of trustees of every
school d:l!itrict,
and every county board of school
trustees and county board of education; and the
200 Main Plaza, Suite 400 governing; board of every special district
San Antonio, TX. 78205.2797
heretofor@!or hereafter created by law.
6121225-4191
Section 10 of article 5446a provides in part as follows:
An Equal OpportunityI
Affirmative Action Employer (a) Au advisory council for each major resource
system :.fiestablished, consisting of six lay
members capresenting the member libraries of the
system.
(b) Tna governing body of each member library
of the system shall elect or appoint a
represenixltivefor the purpose of electing council
p. 803
Mr. Raymond Hitt - Page 2 (CM-183)
shall meet following
members. The rep:c~!sentatives
their selection snd shall elect the initial
council from thsir group. Thereafter, the
representatives in an annual meeting shsll elect
members of their i;roup to fill council vacancies
arising due to expiration of terms of
office . . . .
Section 2(6) of article 544's,,
defines a "major resource system” as
a network of 1ib:r;lrysystems attached to a major
resource center, consisting of area libraries
joined cooperatively to the major resource center
and of community libraries joined cooperatively to
area libraries OX directly to the major resource
center.
A "library system" is defined as
two or more public libraries cooperating in a
system approved by the Commission to improve
library service and to make their resources
accessible to all residents of the area which the
member libraries collectively serve.
V.T.C.S. art. 5446a. §2(4). A "major resource center" denominates
a large public Library serving a population of
200,000 or more within 4,000 or more square miles,
and designated 881 the central library of a major
resource system 1:or referral service from area
libraries in the system, for cooperative service
with other libraries in the system, and for
federated operat!.cwswith other libraries in the
system.
V.T.C.S. art. 5446a. §2(7).
Major resource systems are established by the commission as
integral parts of the stats library system mandated by the Library
Systems Act. V.T.C.S. arc:. 5446a, %§5. 6. On the other hand, the
members of advisory councils are selected by the local governing
bodies, i.e., city council!; or county commissioners courts, of the
member libraries of the major resource systems. An advisory council
is. in fact, a hybrid entier which is not "within the executive . . .
department of the state," lpecause its members are selected locally;
and it is not "a department, agency, or political subdivision" of any
particular county or city, since its members are selected from a
number of political subd:.\Fisions.Neither do we believe that an
p. 804
Mr. Raymond Hitt - Page 3 (JM-183)
advisory council constitutes a "special district." It is apparent
that the legislature, when it enacted the Open Meetings Act, did not
contemplate the existence (11'
the kind of hybrid body in question here.
llntil the legislature amends the statute to include such an entity
within the definition of "l;ovemmental body," we must conclude that an
advisory council to a mcjor resource system of libraries is not
subject to the Open Meetings Act.
SUMMARY
An advisory council to a major resource system
of libraries is not s "governmental body" for
purposes of tt.E Open Meetings Act, and is
therefore not sub.lectto its provisions.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 805