You have requested an opinion concerning the.obligation of.a commissioners court to continue to place the Fort Bend.County Library System on the agenda for an indefinite period of time and continue to this subject. Wehave been advised listen to opinions and advise regarding by you of the following facts:

“The Commissioner’s Court of Fort Bends County, Texas, has for a period exceeding seven consecutive weeks allowed any citizen wishing to express his or her opinion and advice in regard to the Fort Bend County Library system to express such feeling to the Court by getting on the Agenda and such person would then be recognized during the meeting of the Commissioner’s Court and his or her opinion heard. ‘I Article 6252-17, Vernon’s Texas Civil Statutes, the Open Meetings Act, requires in its Section l(a) that “every regular, special, or called meeting or session of every governmental body shall be open to the public. ” A Commissioners Court is within the definition of “governmental body” and the Act is’ applicable. Article 6252-17, $ l(b).

p. 877 *2 The Act requires that notice of a meeting of a Commissioners Court be posted in the county courthouse giving the date, the place, and the subject of the meet.ing, Article 6252-17, $ 3A.

Attorney General Opinion M-220 (1968) dealt with the meaning of It concluded that the Legislature intended an open “open to the public”. meeting to be one that the public was permitted to attend. “Open to the public ‘I does not mean that the public may choose the items to be discussed or that they may discuss subjects on the agenda. It merely means that the The purpose of the statute is to a.ssur.e public may attend the meetings. that the public has the opportutnity to be informed concerning the transactions Toyah Ind. Sch. Dist. v. Pecos-Barstow Ind. Sch. Dist., of public business. 466 S. W. 2d 377 (Tex. Civ. App., San Antonio, 1971, no writ). See Attorney General Opinion H-3 (1973).

So long as the requirements of Article 6252-17, V. T. C. S. , are met and the right of citizens to apply to their .government for redress of grievance by “petition, address or remonstrance” is not abridged (Article 1, § 27, Constitution of Texas), it is our opinion that a Commissioners Court need not provide a public forum for every citizen wishing to express an opinion on a matter. However, in deciding what matters to consider, or which speakers to hear, it must not unreasonably discr~iminate. Reasonable restraints on the number, length, and frequency of presentations are permissible.

SUMMARY A commissioners court may limit the number of persons it will hear on a particular subject and the frequency so long as its regulation does with which they may appear, not abridge constitutionally guaranteed rights of freedom of speech and to petition. nor unfairly discriminate among views seeking expression.

u Attorney General of Texas p* 878

APPR V :

&LJ?$?

DAVID M. KENDALL, Chairman

Opinion Committee

p. a79