ARTICLE · 23 OCTOBER 2013

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Savvy public officials should familiarize themselves with the sweeping implications of the Texas Open Meetings Act.

United StatesGovernment, Public Sector

Kimberly Hodgman

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Savvy public officials should familiarize themselves with the sweeping implications of the Texas Open Meetings Act ("TOMA"). Even innocent communications on a Facebook wall can violate TOMA. However, public officials often find themselves in a quandary of how to reconcile TOMA with technological advances such as online community boards that permit pragmatic, real-time discourse on a public issue.

In what has been dubbed as the "Endless Summer" legislative session, the 83rd Legislative Session brought us a tech bill that amends TOMA to begin to address 21st Century technological advances. Recognizing the need for communications and discussions to be held virtually, the Texas Legislature amended Texas Government Code § 551.006 to permit public official communications to take place on online community message boards without running afoul of TOMA.

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