The Attorney General of Texas
April 16, 1980
MARK WHITE
Attorney General
Honorable Gibson D. (Gib) Lewis Opinion No. MW-174
Committee on Intergovernmental
Affairs Re: Whether a Board of Firemen’s
House of Representatives Relief and Retirement Fund
Austin, Texas 78769 Trustees is covered by the Open
Meetings Act.
Dear Representative Lewis:
You have asked our opinion on two questions relating to the application
of the Texas Open Meetings Act, article 6252-17, V.T.C.S., to boards of
Firemen’s Relief and Retirement Fund Trustees. Your first question is:
Does the Board of Firemen’s Relief and Retirement
Fund Trustees as set ,forth by Article 6243e, V.T.C.S.,
constitute a ‘governmental body’ as defined by Article
6252-17, V.T.C.S., The Open Meetings Act’
The Texas Open Meetings Act applies to “governmental bodies” as
defined by that act. Section l(c) defines “governmental body” to include
n. . . every deliberative body having rule-making or quasi-judicial power and
classified as a department, agency, or political subdivision of a county or
city.” Boards of Firemen’s Relief and Retirement Fund Trustees are
established in sections 3 and 3B of article 6243e, V.T.C.S. They are
composed of city officials and elected members of the fire department. In
some instances resident citizens of the city are selected to serve as well.
The boards’ basic duty is to administer the retirement program established
under article 6243e, V.T.C.S.
We believe that it is clear that these boards are departments or
agencies of the city and have rule-making and quasi-judicial power.
Compare V.T.C.S. article 6243e, section 9 and Board of Firemen’s Relief
and Retirement Fund Trustees of Harris County v. Stevens, 372 S.W.2d 572
ITex. Civ. App. - Houston 1963, no writ) (quasi-judicial authority) with
Attorney General Opinion H-467 (1974) (definition of rule-making and qux
judicial authority).
p. 553
Honorable Gibson D. (Gib) Lewis - Page Two (MW-174)
Accordingly, we believe Boards of Firemen’s Relief and Retirement Fund Trustees
are governmental bodies covered by the Texas Open Meetings Act.
Your second question is:
Are instances detailed by statute or opinion whereby a Board of
Firemen’s Relief and Retirement Fund Trustees can enter
‘executive session,’ and exclude the public.
Section 2 of the Open Meetings Act details instances in which an executive session is
permissible. Whether any particular meeting is properly closed under one of these
exceptions set out in section 2 will depend on the facts of the specific situation.
SUMMARY
Boards of Firemen’s Relief and Retirement Fund Trustees are
governmental bodies covered by the Texas Open Meeti
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by C. Robert Heath
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jim Allison
Susan Garrison
Rick Gilpin
Bruce Youngblood
P. 554