Truant Texas Dems violating open meetings law (possible way to arrest them in OK)
Posted on 05/13/2003 9:15 PM PDT by GOPcapitalist
The following letter was sent to the Travis County District Attorney by the Republican Party of Texas today:
>The Hon. Ronnie Earle
>Travis County District Attorney
>509 W.11th St
>Austin, TX 78701
Dear Mr. Earle,
I am confident you are aware that a sizeable group of Democrat legislators have left the Texas State Capitol and gathered in an adjoining state. According to reports from the Department of Public Safety, the majority of the House Democrat Caucus is currently together at a Holiday Inn in Ardmore, Oklahoma.
Unfortunately, news reports indicate that the group has been discussing legislative matters. There is a concern that these discussions may actually be a violation of the Open Meetings Laws, because it appears the members on the House Committees on Pensions and Investments, and Land and Resource Management have a majoirty of their members present, thus producing a quorum. If a majority of the members of a House Committee are indeed meeting in secret, without the proper posting requirements being performed, then a clear violation of the Open Meetings Laws of Texas has occurred.
It is clear that a majority of members of several House committees are gathered together and constitute a quorum. I urge you to request a Cease and Desist Order and devote the necessary resources from your office to investigate these matters and protect the right of Texas citizens to have an open government.
Sincerely,
Susan Weddington
Chairman, Republican Party of Texas
Texas Open Meetings Law:
§ 551.143. Conspiracy to Circumvent Chapter; Offense; Penalty
(a) A member or group of members of a governmental body commits an offense if the member or group of members knowingly conspires to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter.
(b) An offense under Subsection (a) is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for not less than one month or more than six months; or
(3) both the fine and confinement.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
§ 551.144. Closed Meeting; Offense; Penalty
(a) A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly:
(1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting;
(2) closes or aids in closing the meeting to the public, if it is a regular meeting; or
(3) participates in the closed meeting, whether it is a regular, special, or called meeting.
(b) An offense under Subsection (a) is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for not less than one month or more than six months; or
(3) both the fine and confinement.
(c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 647, § 3, eff. Aug. 30, 1999.