Closed meetings in Texas: when a city board can meet in private
Short answer
A Texas city board may hold a closed meeting only where the Open Meetings Act allows. A quorum first convenes in an open meeting, where the presiding officer announces the closed meeting and the sections allowing it. Any final action, decision or vote on a closed-meeting matter is made in an open meeting held with notice, except public power utilities' competitive matters. Any certified agenda or recording, kept at least two years, is open to inspection only by court order.(Tex. Gov't Code § 551.101; Tex. Gov't Code § 551.102; Tex. Gov't Code §§ 551.103(a), 551.104(a), (c); Tex. Gov't Code § 551.086(b), (c))
Where this fits in your meeting cycle: Clarivis is software that helps a city board follow these steps: it counts each meeting's notice deadline in business days (one hour for an emergency meeting), records the posting, with its link on the municipal website for the city council, flags a closed meeting item until a Statutory basis is selected, and drafts the minutes for your board to correct and approve; it does not post the notice for you, and it does not check what the notice says, the remote-attendance rules or members' training.
See how Clarivis helpsQuestions on this page
The Act never says "executive session".
When can a board hold a closed meeting?
Only on one of the grounds the Act lists in its subchapter D.
Statute text
“SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN”
The nine grounds below are written for any city board, though two reach only the circumstances they name: a critical infrastructure facility in the city, and a license or certificate test the board gives. The Act gives a few more only to named bodies, such as the governing board of a municipal hospital (§ 551.085).
A public power utility's governing body, which can be a city council, may also deliberate, vote and take final action on a competitive matter in a closed meeting:
Statute text
“This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133.”
This guide does not list those grounds, and none is a Statutory basis in Clarivis, so a closed meeting held under one is flagged as having no Statutory basis recorded. Ask your city attorney about them.
Each ground below is given by its Statutory basis name in Clarivis, then in the law's own words, which govern.
Gov't Code § 551.071
Statutory basis name: Attorney: pending or contemplated litigation, a settlement offer, or a clear ethics-rule conflict.
Statute text
“A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.”
Gov't Code § 551.072
Statutory basis name: Real property purchase, exchange, lease or value, if open deliberation would harm its negotiations.
Statute text
“A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.”
Gov't Code § 551.073
Statutory basis name: Prospective gift or donation contract, if open deliberation would harm its negotiations.
Statute text
“A governmental body may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.”
Gov't Code § 551.074
Statutory basis name: Officer or employee personnel matter, complaint or charge, unless they request a public hearing.
Statute text
“(a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing.”
Gov't Code § 551.076
Statutory basis name: Security personnel or devices: deployment or specific occasions for use, or a security audit.
Statute text
“This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment, or specific occasions for implementation, of security personnel or devices; or (2) a security audit.”
Gov't Code § 551.0761
Statutory basis name: Cybersecurity measure, policy or contract solely to protect a local critical infrastructure facility.
Statute text
“(b) This chapter does not require a governmental body to conduct an open meeting to deliberate a cybersecurity measure, policy, or contract solely intended to protect a critical infrastructure facility located in the jurisdiction of the governmental body.”
Gov't Code § 551.087
Statutory basis name: Business prospect in negotiations: its commercial or financial information, or an incentive offered.
Statute text
“This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1).”
Gov't Code § 551.088
Statutory basis name: Test item, or related information, that may be in a test the body gives for a license or certificate.
Statute text
“This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity.”
Gov't Code § 551.089
Statutory basis name: Information resources technology security, network security information, or security deployments.
Statute text
“This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices.”
How does a board go into a closed meeting?
Statute text
“If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and (2) identifies the section or sections of this chapter under which the closed meeting is held.”
Any final action, decision or vote on what was discussed is made after the board returns to an open meeting, apart from a public power utility's competitive matters (§ 551.086(b), (c)).
Statute text
“A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter.”
The notice for that open meeting is covered in the meeting notice and agenda guide.
What record is kept of a closed meeting?
The certified agenda or recording of a closed meeting is a separate record under state law, and it is kept for at least two years and is available for public inspection and copying only under a court order. No certified agenda or recording is required for a private consultation with the board's attorney under § 551.071. (§§ 551.103(a), 551.104(a), (c))
Statute text
“A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. ... A governmental body shall preserve the certified agenda or recording of a closed meeting for at least two years after the date of the meeting. ... The certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3).”
What if the closed meeting is part of an emergency meeting?
If the closed meeting is part of an emergency meeting, the emergency notice, posted at least 1 hour before the meeting is convened, applies instead (§ 551.045(a)), and the presiding officer still announces the closed meeting in the open meeting and names the section or sections that allow it (§ 551.101). In Clarivis, choose Emergency as the Meeting type.
Statute text
“In an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity, or the supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter, is sufficient if the notice or supplemental notice is posted for at least one hour before the meeting is convened.”
Checklist for a closed meeting
- In the open meeting, the presiding officer announces the closed meeting and names the section or sections that allow it.
- Any final action, decision or vote on what was discussed is made in the open meeting, apart from a public power utility's competitive matters (§ 551.086(b), (c)).
- The certified agenda or recording of a closed meeting is a separate record under state law, and it is kept for at least two years and is available for public inspection and copying only under a court order. No certified agenda or recording is required for a private consultation with the board's attorney under § 551.071.
- If the closed meeting is part of an emergency meeting, post the emergency notice at least 1 hour before the meeting is convened, and still announce the closed meeting in the open meeting.
What the law does not settle
These are questions to take to your city attorney; this guide does not answer them.
- Whether a matter falls within a ground; the board and its city attorney decide, and Clarivis does not judge it.
- Whether a Statutory basis name carries the full reach of its section; the law's words, shown under each name, govern.
- Which facilities in the city are critical infrastructure facilities for the cybersecurity ground (§ 551.0761); the section's own definition lists them, and this guide does not.
- Attorney General opinions and court decisions on each ground were not reviewed for this guide.
How Clarivis helps
Clarivis does not decide whether a matter may be taken up in a closed meeting; your board and its city attorney do.
- On the agenda, a closed meeting item is flagged until a Statutory basis is selected for it.
- During the meeting, the person recording selects Enter closed meeting and chooses its Statutory basis. Recording stops, and nothing is recorded until the board returns to open session.
- After the meeting, the compliance check flags a closed meeting with no Statutory basis recorded.
- Keeps no record of the closed meeting. Recording stops at Enter closed meeting, so any certified agenda or recording the law requires is kept by your board, not by Clarivis.
Related guides
- Texas meeting notices and agendas: what to post, where, and whenNotice and agenda posted at city hall, and on the municipal website for the city council
- Texas meeting minutes: what they record and who can see themMinutes or a recording, public access, boards of adjustment, closed meetings
- What counts as a meeting in Texas: quorum, email and work sessionsQuorum, email, work sessions, and what the law leaves out
- Online and video meetings in Texas: quorum, notice, recording and dropped connectionsVideoconference meetings: quorum in one place, notice, recording
Sources
- Tex. Gov't Code ch. 551, open meetings: tcss.legis.texas.gov/resources/GV/htm/GV.551.htm