Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
July 25, 1979
MARK WHITE
Attorney General
Honorable BiIl Stewart, P.E. Opinion No. MW-3 2
Executive Director
Texas Air Control Board Re: Whether a proposed proce-
8520 Shoal Creek Boulevard dure of the Air Control Board
Austin, Texas 18758 violates the Open Meetings Act.
Dear Mr. Stewart:
You inform us ihat the Texas Air Control Board may adopt a new
procedure for requesting the Attorney General to institute civil suits on its
behalf. You wish to know whether the proposed procedure would violate the
Open Meetings Act, V.T.C.S. art. 6252-17.
Article 4477-5, V.T.C.S., provides in part:
At the request of the board, or the executive
secretary Iexecutive director] when authorized by the
board, the attorney general shall institute and
conduct a suit in the name of the State of Texas for
injunctive relief or to recover the civil penalty, op for
both injunctive relief and penalty. . . .
Sec. 4$J2(b). The proposed procedure would require the executive director,
except in emergencies, to notify all board members of his intention to
request the Attorney General to bring a civil suit for violations of the Clean
Air Act or board regulations or orders. Within ten days of notification, any
board member may request in writing that the matter be placed on the
agenda of the next board meeting. If three or more members of the board so
request, the matter will be placed on the agenda. Otherwise, the executive
director would forward his request to the Attorney General without further
board action. See Kettlewell v. Hot Mix, Inc., 566 S.W.2d 663, 668 (Tex.
Civ. App. - H%iston [lst Dist.1 1978, no writ) (Air Control Board may
delegate duties to the executive director and other employees).
Your questions concern the application of the Open Meetings Acts to
this procedure. The Texas Open Meetings Act applies to deliberation among
a quorum of members of a governmental body. Sees. l(a), 2(a). We do not
believe an individual member of a board violates the Open Meetings Act
when he communicates in writing to the executive director indicating that
p. 97
Honorable Bill Stewart, P.E. - Page Two m-32 1
he wishes to have an item placed on the agenda and sends a copy to other members of the
board. Of course, the document requesting that an item be placed on the agenda would
ordinarily be available under the Open Records Act. V.T.C.S. art. 6252-17a. See also
Texas Open Meetings Act, V.T.C.S. art. 6252-17, S 4(b).
SUMMARY
A procedure of the Air Control Board permitting individual
members to write to the executive director indicating their desire
to place an item on the agenda of a future meeting would not
violate the Open Meetings Act.
&&
MARK WHITE
Attorney General of Texas
JOHN W. PAINTER, JR.
First Ass&ant Attorney General
TED L. HARTLEY
Executive Assiitant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Susan Garrison
Rick Gilpin
William G Reid
Bruce Youngblood
p. 98