New Open Meetings Act Posting Requirements
HB 1522, passed this summer, requires that meetings taking place after September 1, 2025, conform with new posting timelines. Previously, school board meetings had to be posted within 72 hours from the time of the meeting. The new law requires that “The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least three business days before the scheduled date of the meeting.” Tex. Govt. Code §551.043(a). While some may argue the interpretation of this requirement, a conservative approach–and our recommendation–is not to count the day of the meeting in your calculus of the three day requirement. Similarly, we advise against counting the date you post the agenda as one of the business days. Accordingly, we have drafted this chart to help districts conservatively adhere to the new posting requirements. Please see below:
For a meeting held on… | Agenda must be posted by… |
Monday | Tuesday of the prior week |
Tuesday | Wednesday of the prior week |
Wednesday | Thursday of the prior week |
Thursday | Friday of the prior week |
Friday | Monday of the same week |
Posting and the PIA
What is not immediately clear is whether the business days referenced in HB 1522 contemplate school business days generally, or if the reference to business days in HB 1522 comports with Tex. Govt. Code §552.0031(f)’s definition of business days. As the latter is a stricter interpretation, and one that has been adopted and enforced by the Attorney General in the PIA context, the conservative approach is to treat business days in the posting context the same as business days in the PIA context. Thus, all days should be considered business days unless they are weekends, state or federal holidays enumerated in Tex. Govt. Code §662.003, another holiday as described in Tex. Govt. Code §552.031, or one of the ten days designated as non-designated as non-business days by your district’s board of trustees.
What Next?
If your board has not designated ten non-business days for the 2025-2026 school year, we recommend doing so as soon as practicable. Many districts designate all or part of the extra days in the Thanksgiving and Christmas holidays, Spring Break, and other days throughout the year where District offices are closed. It is important to remember you can only designate ten per calendar year. Once you have the dates in mind, your board can designate them by passing a resolution. Once passed, this resolution should be included on your website. If you have the ability to add it to your calendar, that is a best practice but certainly the dates should be posted where your PIA information exists.
If you have any questions about this information or how to implement this at your district, please do not hesitate to reach out to any of the attorneys at Leasor Crass.