Case Information
*1 The Attorney General of Texas ,J~ly 26, 1984 JIM MATTOX
Attorney General Mr. Raymond Hitt Opinion No. JM-183 Supreme Court Building Director ,P. 0. Box 12548 Library Development Division Re: Application of the Open Aus!in. TX. 78711. 2548 5121475-2501 Texas State Librar), Meetings Act to functions Telex 9101874-1367 P. 0. Box 12927 performed by the advisory Telecopier 5121475-0266 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 system of libraries: created under article 5446a. V.T.C.S., the Library 4824 Alberta Ave.. Suite IS0 Systems Act, is sullject to the Open Meetings Act, article 6252-17, El Paso, TX. 79905.2793 V.T.C.S. Whether a particular entity is subject to the Open Meetings 915/533-34&l
Act depends upon blhether it is a "governmental body" within the meaning of section l(c) of the act, which defines a "governmental ,rrOQl Texas, Suite 700 body" as douston, TX. 77W2~3111 71312236WJ6 any boari, commission, department, committee, or agency within the executive or legislative 606 Broadway. Suite 312 department of the state . . . every Commissioners Lubbock, TX. 79401.3479 Court and city council in the state, and every 8061747-5238 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 county or city; and the board of trustees of every 5121692-4547 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 (a) Au advisory council for each major resource Affirmative Action Employer
system :.fi established, consisting of six lay members capresenting the member libraries of the (b) Tna governing body of each member library of the system shall elect or appoint a represenixltive for the purpose of electing council *2 Mr. Raymond Hitt - Page 2 (CM-183)
members. The rep:c~!sentatives shall meet following 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;lry systems 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 1:or referral service from area libraries in the system, for cooperative service with other libraries in the system, and for federated operat!.cws with other libraries in the 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 *3 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 of libraries is not s "governmental body" for purposes of tt.E Open Meetings Act, and is therefore not sub.lect to 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