Tex. Gov't Code Section 551.146
Disclosure of Certified Agenda or Recording of Closed Meeting; Offense; Penalty; Civil Liability

(a)

An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter:

(1)

commits an offense; and

(2)

is liable to a person injured or damaged by the disclosure for:

(A)

actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress;

(B)

reasonable attorney fees and court costs; and

(C)

at the discretion of the trier of fact, exemplary damages.

(b)

An offense under Subsection (a)(1) is a Class B misdemeanor.

(c)

It is a defense to prosecution under Subsection (a)(1) and an affirmative defense to a civil action under Subsection (a)(2) that:

(1)

the defendant had good reason to believe the disclosure was lawful; or

(2)

the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 17, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 18, eff. May 18, 2013.

Source: Section 551.146 — Disclosure of Certified Agenda or Recording of Closed Meeting; Offense; Penalty; Civil Liability, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­551.­htm#551.­146 (accessed Jun. 5, 2024).

551.001
Definitions 551.002
Open Meetings Requirement 551.003
Legislature 551.004
Open Meetings Required by Charter 551.005
Open Meetings Training 551.006
Written Electronic Communications Accessible to Public 551.007
Public Testimony 551.0015
Certain Property Owners’ Associations Subject to Law 551.021
Minutes or Recording of Open Meeting Required 551.022
Minutes and Recordings of Open Meeting: Public Record 551.023
Recording of Meeting by Person in Attendance 551.0035
Attendance by Governmental Body at Legislative Committee or Agency Meeting 551.041
Notice of Meeting Required 551.042
Inquiry Made at Meeting 551.043
Time and Accessibility of Notice 551.044
Exception to General Rule: Governmental Body with Statewide Jurisdiction 551.045
Exception to General Rule: Notice of Emergency Meeting or Emergency Addition to Agenda 551.046
Exception to General Rule: Committee of Legislature 551.047
Special Notice to News Media of Emergency Meeting or Emergency Addition to Agenda 551.048
State Governmental Body: Notice to Secretary of State 551.049
County Governmental Body: Place of Posting Notice 551.050
Municipal Governmental Body: Place of Posting Notice 551.051
School District: Place of Posting Notice 551.052
School District: Special Notice to News Media 551.053
District or Political Subdivision Extending into Four or More Counties: Notice to Public, Secretary of State, and County Clerk 551.054
District or Political Subdivision Extending into Fewer than Four Counties: Notice to Public and County Clerks 551.055
Institution of Higher Education 551.056
Additional Posting Requirements for Certain Municipalities, Counties, School Districts, Junior College Districts, Development Corporations, Authorities, and Joint Boards 551.071
Consultation with Attorney 551.072
Deliberation Regarding Real Property 551.073
Deliberation Regarding Prospective Gift 551.074
Personnel Matters 551.075
Conference Relating to Investments and Potential Investments Attended by Board of Trustees of Texas Growth Fund 551.076
Deliberation Regarding Security Devices or Security Audits 551.077
Agency Financed by Federal Government 551.078
Medical Board or Medical Committee 551.079
Texas Department of Insurance 551.080
Board of Pardons and Paroles 551.081
Credit Union Commission 551.082
School Children 551.083
Certain School Boards 551.084
Investigation 551.085
Governing Board of Certain Providers of Health Care Services 551.086
Certain Public Power Utilities: Competitive Matters 551.087
Deliberation Regarding Economic Development Negotiations 551.088
Deliberation Regarding Test Item 551.089
Deliberation Regarding Security Devices or Security Audits 551.090
Enforcement Committee Appointed by Texas State Board of Public Accountancy 551.091
Commissioners Courts: Deliberation Regarding Disaster or Emergency 551.101
Requirement to First Convene in Open Meeting 551.102
Requirement to Vote or Take Final Action in Open Meeting 551.103
Certified Agenda or Recording Required 551.104
Certified Agenda or Recording 551.121
Governing Board of Institution of Higher Education 551.122
Governing Board of Junior College District: Quorum Present at One Location 551.123
Texas Board of Criminal Justice 551.124
Board of Pardons and Paroles 551.125
Other Governmental Body 551.126
Higher Education Coordinating Board 551.127
Videoconference Call 551.128
Internet Broadcast of Open Meeting 551.129
Consultations Between Governmental Body and Its Attorney 551.130
Board of Trustees of Teacher Retirement System of Texas: Quorum Present at One Location 551.131
Water Districts 551.141
Action Voidable 551.142
Mandamus 551.143
Prohibited Series of Communications 551.144
Closed Meeting 551.145
Closed Meeting Without Certified Agenda or Recording 551.146
Disclosure of Certified Agenda or Recording of Closed Meeting 551.0411
Meeting Notice Requirements in Certain Circumstances 551.0415
Governing Body of Municipality or County: Reports About Items of Community Interest Regarding Which No Action Will Be Taken 551.0501
Joint Board: Place of Posting Notice 551.0725
Commissioners Courts: Deliberation Regarding Contract Being Negotiated 551.0726
Texas Facilities Commission: Deliberation Regarding Contract Being Negotiated 551.0745
Personnel Matters Affecting County Advisory Body 551.0785
Deliberations Involving Medical or Psychiatric Records of Individuals 551.0811
The Finance Commission of Texas 551.0821
School Board: Personally Identifiable Information About Public School Student 551.1281
Governing Board of General Academic Teaching Institution or University System: Internet Posting of Meeting Materials and Broadcast of Open Meeting 551.1282
Governing Board of Junior College District: Internet Posting of Meeting Materials and Broadcast of Open Meeting 551.1283
Governing Body of Certain Water Districts: Internet Posting of Meeting Materials
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 551.146’s source at texas​.gov