How many members of a governmental body must be present before the TOMA kicks in?
In general, the TOMA kicks in when a quorum of the governing body gather together and discuss business. Section 551.001(6) defines quorum to mean a majority of the governmental body, unless quorum is defined differently by the rules or charter of the governmental body. The TOMA does not apply just within city council chambers. In Acker v. Texas Water Com’n, 790 S.W. 2d 299 (Tex. 1990) the Texas Supreme Court considered a case involving the three member Texas Water Commission. Two of the members went to the bathroom during a break and were alleged to discuss business while standing side-by-side at the urinal. Two out of three was a quorum! This illustrates how easily an illegal meeting can occur.
Related Questions
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