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DAN MORALES
ATTORNEY
CENERAL April 13,1998
The Honorable Steven D. Wolens Opinion No. DM-473
Chair, Committee on State Affairs
Texas House of Representatives Re: Validity of Dallas City Council rule that
P.O. Box 2910 requires request by five council members or majority
Austin, Texas 78768-2910 of a city council committee to place items on agenda
for council meeting (RQ-952)
Dear Representative Wolens:
You ask whether the following city council rule of procedure for the City of Dallas violates
the Texas Gpen Meetings Act, Government Code chapter 55 1:
Presentations by Members of Council The mayor shall include on an
agenda any item requested by five city council members or by a majority of
a city council committee to be brought before the city council. The item must
be placed on the tirst voting agenda scheduled at least 30 calendar days after
receipt of request, unless the request is withdrawn by any of the five city
council members or by a majority of the city council committee, whichever
applies.’
Five city council members constitute one-third of the till city council membership.2
You further state:
As applied by the Dallas City Council, this rule has been utilized to
prohibit placement of an item on the council’s agenda unless request for
placement has been made by five city council members, or by a majority of
a city council committee. This rule has been utilized to severely circumscribe
and restrict what matters of public interest come before the council for
consideration.
‘City of Dallas, Texas, City Council Rules of Procedure, Rule 6.2, as adopted 8/l l/93 and amended by
Resolution Nos. 94-0297,94-2571,94-3328,94-3675,95-1545,95-2450,95-2451,95-2760, 954204, and 96-0713.
‘Letter from Sam Lindsay, City Attorney, City of Dallas, to The Honorable Dan Moraks, Office of Texas
Attorney Ciencral (Oct. 1, 1997). See Texas State Directory 475 (38th cd. 1995); Ciq of Dallas,Mayorand City
Council, (Sept. 6, 1997)