Sec. 551.045. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. (a) 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.
(a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than:
(1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection (c); or
(2) an agenda item listed on a notice of the meeting before the supplemental notice was posted.
(b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of:
(1) an imminent threat to public health and safety, including a threat described by Subdivision (2) if imminent; or
(2) a reasonably unforeseeable situation, including:
(A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm;
(B) power failure, transportation failure, or interruption of communication facilities;
(C) epidemic; or
(D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence.
(c) The governmental body shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section.
(d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity.
(e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.06, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1325 (S.B. 1499), Sec. 1, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 462 (S.B. 494), Sec. 1, eff. September 1, 2019.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Subchapter C. Notice of Meetings
Section 551.041. Notice of Meeting Required
Section 551.0411. Meeting Notice Requirements in Certain Circumstances
Section 551.042. Inquiry Made at Meeting
Section 551.043. Time and Accessibility of Notice; General Rule
Section 551.044. Exception to General Rule: Governmental Body With Statewide Jurisdiction
Section 551.046. Exception to General Rule: Committee of Legislature
Section 551.047. Special Notice to News Media of Emergency Meeting or Emergency Addition to Agenda
Section 551.048. State Governmental Body: Notice to Secretary of State; Place of Posting Notice
Section 551.049. County Governmental Body: Place of Posting Notice
Section 551.050. Municipal Governmental Body: Place of Posting Notice
Section 551.0501. Joint Board: Place of Posting Notice
Section 551.051. School District: Place of Posting Notice
Section 551.052. School District: Special Notice to News Media