Texas Codes

Tex. Util. Code § 39.1511 (2026)

Public Meetings Of The Governing Body Of An Independent Organization

✓ current as of May 2026

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Sec. 39.1511. PUBLIC MEETINGS OF THE GOVERNING BODY OF AN INDEPENDENT ORGANIZATION. (a) Meetings of the governing body of an independent organization certified under Section 39.151 and meetings of a subcommittee that includes a member of the governing body must be open to the public. The bylaws of the independent organization and the rules of the commission may provide for the governing body or subcommittee to enter into executive session closed to the public only to address risk management or a matter that the independent organization would be authorized to consider in a closed meeting if the independent organization were governed under Chapter 551, Government Code.

(a-1) An independent organization's governing body or a subcommittee may adopt a policy allowing the governing body or subcommittee to enter into an executive session closed to the public and commissioners, including the commissioners serving as ex officio nonvoting members, only to address a contested case, as defined by Section 2001.003, Government Code, or a personnel matter that is unrelated to members of the governing body.

(b) The bylaws of the independent organization and rules of the commission must ensure that a person interested in the activities of the independent organization has an opportunity to obtain at least seven days' advance notice of meetings and the planned agendas of the meetings and an opportunity to comment on matters under discussion at the meetings. The bylaws and commission rules governing meetings of the governing body may provide for a shorter period of advance notice and for meetings by teleconference technology for governing body meetings to take action on urgent matters. The bylaws and rules must require actions taken on short notice or at teleconference meetings to be ratified at the governing body's next regular meeting. The notice requirements may be met by a timely electronic posting on the Internet.

(c) The commission shall ensure that an independent organization certified under Section 39.151 makes publicly accessible without charge live Internet video of all public meetings subject to this section for viewing from an Internet website.

Added by Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 10, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 400 (H.B. 1783), Sec. 2, eff. September 1, 2009.

Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 16, eff. September 1, 2023.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2024 · leading case: Hwy 3 Mhp, Llc v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App. 2015).

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Hwy 3 Mhp, Llc v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App. 2015). “Similarly, although HWY 3 correctly points out that a provision of the Utilities Code requires ERCOT’s meetings to “be open to the public,” Tex. Util.Code § 39.1511, that provision does not explicitly state that ER-COT is obligated to make its meetings public because it is a…”

Aspire Power Ventures, LP v. Pub. Util. Comm'n of Texas, Elec. Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, & Courtney Hjaltman (Tex. App. 2024). · cites it 3× “003(7); see also Tex. Util. Code § 39.1511(a-1). 16. The APA provides that the validity of a rule may be determined in a declaratory judgment action brought in Travis County district court if it is alleged that the rule or its threatened application interferes with or impairs,…”

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