Legislative Services

Attorney General Opinions

KP-0474: Asks whether a member of the board of managers of the Nueces County Hospital District may simultaneously serve as a member of the board of directors of the Corpus Christi Regional Transit Authority (RQ-0534-KP). The opinion provides a court would likely conclude that the conflicting loyalties aspect of common law incompatibility precludes an individual from simultaneously serving as a member of the board of managers of the Nueces County Hospital District and a member of the board of directors of the Corpus Christi Regional Transit Authority.

KP-0475: Asks whether the Texas Open Meetings Act, Government Code section 551.071, authorizes discussion about hiring a law firm, and whether boilerplate language contained on a meeting notice or agenda is sufficient notice of an executive session (RQ-0537-KP). The opinion states Government Code section 551.041 requires notice of each subject to be addressed at a meeting and applies to both open and closed meetings held under the Open Meetings Act. Boilerplate language in a notice that a closed meeting may commence pursuant to certain provisions of the Act is insufficient by itself to alert the general public of the subject to be considered at the closed meeting. Government Code section 551.071 contains the attorney consultation exception to the Open Meetings Act. Under subsection 551.071(2), a governmental body may conduct a closed meeting for the purpose of consulting an attorney about potentially retaining the attorney’s law firm to perform professional legal services.