Practice Area

Open Records & Open Meetings

Attorney General Investigations Government Contracts Regulated & Emerging Industries Professional License & Permit Defense Open Records & Open Meetings Property Litigation

Texas's sunshine laws cut both ways. The Public Information Act and the Open Meetings Act are powerful tools for accountability — and serious threats to businesses whose information or interests are caught up in government decisions. Cobb & Gervasi litigates both, on both sides.

The Texas Public Information Act gives the public broad access to government records. For businesses that hold government contracts, operate in regulated industries, or submit information to agencies, a single records request can expose confidential commercial data, trade secrets, and strategic information. Once the AG rules and the agency discloses, the damage cannot be undone — and the window to act is measured in days. We know the open records process from the inside: the exception briefings, the deadlines, the mandamus proceedings.

The Texas Open Meetings Act requires governmental bodies to conduct business in public, with proper notice, and in strict procedural compliance. Closed sessions without legal justification, decisions made outside properly posted meetings, walking quorums — these violations can void government action entirely, expose officials to criminal liability, and give affected businesses standing to challenge decisions in court.

Cobb & Gervasi represents businesses on both sides: protecting confidential information from harmful disclosure, compelling records from agencies that resist transparency, challenging defective government action under TOMA, and advising clients on compliance before disputes arise.

Texas Public Information Act — Representative Work

Mandatory exception briefing & AG ruling advocacy
Confidential commercial information protection
Trade secret protection proceedings
Third-party notice & intervention
Litigation to compel or enjoin disclosure
Emergency relief to prevent premature disclosure
Writ of mandamus proceedings
PIA request strategy & advocacy for requesters

Texas Open Meetings Act — Representative Work

Challenging government action taken in violation of TOMA
Improper closed session & executive session disputes
Defective notice & posting challenges
Voiding of decisions made in procedurally defective meetings
Emergency injunctive relief to halt TOMA violations
Walking-quorum & serial-deliberation claims
Criminal referral & enforcement matters

"Once confidential records are disclosed, the damage is done. And once a government body acts in a defective meeting, your window to challenge it is short. Speed matters on both."

Common Questions

Frequently Asked Questions

How do I stop a Texas agency from releasing my company’s confidential information under the Public Information Act?

When a public information request implicates a third party's property or privacy interests, the TPIA lets that third party raise any applicable exception to disclosure with the Attorney General, in district court, or both. In practice the governmental body may withhold the information to seek an AG ruling and notify you, and you then get an opportunity to demonstrate to the AG that your information falls within an exception. If the AG concludes it should be released, Section 552.325 lets you file suit against the AG (and join the governmental body) to block release — but act quickly, because once the governmental body releases the information to the requestor, all is lost.

Can I sue to block disclosure of my trade secrets under Texas open records?

Yes — if the Attorney General rules that your information should be released, Section 552.325 of the TPIA permits you as the third party to file suit against the AG to prevent release, and the court decides anew whether the information is subject to disclosure. To keep records like trade secrets from being released, invoke exceptions such as Section 552.110 (trade secrets and commercial or financial information) or 552.101 (information made confidential by other law); since January 1, 2020, only governmental bodies — not third parties — may raise the old 'competition or bidding' exception in Section 552.104. Act fast, because if the information is released before suit is filed, the protection is lost.

Can I void a government decision made in violation of the Texas Open Meetings Act?

Yes — action taken in violation of TOMA is voidable. If a city council, commissioners court, or state board took up your matter behind closed doors — an illegal executive session, a 'walking quorum,' or an item missing from the posted agenda — a court can declare the resulting vote void and stop the body from acting on it. An interested party, including a business hurt by the decision, can bring a civil suit for mandamus or an injunction under Section 551.142, and a prevailing plaintiff may recover costs and attorney fees. Act quickly: leverage is greatest before the decision is implemented and before the body ratifies it at a proper open meeting.

These answers are general information about Texas law, not legal advice, and they may not reflect the most current legal developments. Reading them does not create an attorney-client relationship with Cobb & Gervasi PLLC — we are not your attorneys unless and until we agree in writing to represent you. Every situation is different; consult a lawyer about your specific circumstances before acting.

From the Cobb & Gervasi Blog

Insights on Open Records & Open Meetings

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Big Changes to the Texas Public Information Act: HB 4219 Explained

HB 4219 tightens deadlines, improves transparency, and adds consequences for agencies that fail to comply.

Texas Legislature's Special Access to Government Secrets

Texas legislators may obtain confidential information for legislative purposes under the Public Information Act.

Open government bills to watch in the 88th legislative session

Open-government proposals in the 88th Legislature could affect public information access and open-meetings compliance.

Off Topic, Out of Bounds: How to handle non-agenda items during a public meeting

TOMA sharply limits how governmental bodies may respond to non-agenda items.

Can you hear me now? Technology requirements for public meetings by videoconference

Hybrid public meetings must satisfy TOMA’s audio, video, notice, quorum, and recording requirements.

Are drafts of government documents public information?

Draft government documents may be public, but several TPIA exceptions can apply.