1. (a) A closed meeting of the board shall not be held unless a quorum of the board has first been convened in open meeting. If during such open meeting, a motion is passed by the board to hold a closed meeting, the presiding officer shall publicly announce that a closed meeting will be held and identifies the section or sections of the Government Code, Chapter 551 (Texas Open Meetings Act) under which the closed meeting is held.
2. (b) The presiding officer shall announce the date and time at the beginning and end of the closed meeting.

3. (c) The agency shall keep a certified agenda of the closed meeting which shall be certified by the presiding officer as being a true and correct record of the proceedings. The certified agenda shall:

   1. (1) include an announcement of the date and time by the presiding officer at the beginning and end of the closed meeting; and
   2. (2) state the subject matter of each deliberation and include a record of any further action taken.
4. (d) In lieu of the certified agenda outlined in subsection (c) of this section, the board may make a tape recording of the closed meeting which shall include the announcement made by the presiding officer at the beginning and end of the closed meeting.
5. (e) Any actions deliberated during a closed meeting shall be announce in an open session immediately following the conclusion of the closed meeting. A final action, decision, or vote on a matter deliberated in a closed meeting shall be made in an open meeting announced in an open session.
6. (f) The presiding officer shall place the certified agenda or tape in an envelope, seal and date the envelope and deliver the envelope to the executive director/secretary.
7. (g) The certified agenda or tape shall be maintained at the board office for at least two years from the date of the closed meeting. If an action involving the closed meeting is brought within that two-year period, the certified agenda shall be maintained while the action is pending.
8. (h) The certified agenda or tape shall be available for inspection by the judge of a district court as specified in the Government Code, Chapter 551.104(b), if litigation has been initiated involving a violation of this section.
9. (i) If the closed meeting is for the purpose of considering disciplinary action against a licensee, an attorney employed by the Office of the Attorney General may be present to advise the board on legal considerations.

Source Note:The provisions of this §281.12 adopted to be effective December 30, 1998, 23 TexReg 13073.