AGENDA POSTING REQUIREMENTS CHANGING WITH NEW STATE LAW

  

A bill set to become law in the coming days will alter when local government entities post notices for meetings.

Brenham City Councilmembers were informed last week about House Bill 1522, which goes into effect this coming Monday and changes agenda posting requirements through the Open Meetings Act.  Specifically, the new law makes it to where meeting notices must be posted for at least three business days before the scheduled date of the meeting.  Up until now, the posting requirement has been 72 hours before the scheduled time of the meeting.

City Secretary Jeana Bellinger said the change means weekends can no longer be included in the meeting notice period, and the date of the meeting itself is not part of the three business days, so agendas and agenda packets will need to be published sooner.

Holidays will have a major impact on the posting schedule, as they also cannot be part of the three-day window.  There are between 18 and 19 recognized holidays a year that, whether they are federal, state or local, and even if the city is still open, will need to be taken into account.  This could lead to agendas going out as many as 7-12 days before the meeting.  Only emergency meetings, which can only be called in the case of a threat to public health and safety or a disaster, are exempt from the meeting posting requirements.

Bellinger said given the quicker timeline for posting meeting notices, future council agendas may have “just in case” items listed that may or may not require discussion or action, but need to be on the agenda in order to allow for the possibility.  She also said there could be an increase in the number of special meetings called, but she noted that they would still be subject to the same rules for notice.

The change also applies to meetings held by city boards and committees, like the Planning and Zoning Commission or Board of Adjustment.  Bellinger said the impact there will be felt by those attempting to obtain zoning adjustments or variances on their properties.

Development Services Director Stephanie Doland said the city may re-evaluate when the Planning and Zoning Commission and Board of Adjustment meet, in order to prevent delays on projects. 

Also of note in HB 1522 are budget-specific notice requirements.  For meetings that a governmental body will discuss or adopt a budget, the notice must have a physical copy of the proposed budget, unless that budget is easily accessible on the home page of the entity’s website, and there must be a taxpayer impact statement showing how an average homestead’s property tax bill would change under the proposed budget. 

The new rule will be seen in effect as soon as next Thursday’s regular council meeting.  Because of Labor Day on Monday, Bellinger said the agenda for the meeting will be released tomorrow (Thursday).