Open Records & Open Meetings
Open Records & Open Meetings
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.
- 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
- 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."
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.
- Your “private” texts and emails may be public information
- How the “dead suspect loophole” lets police hide records from the public
- Can I speak anonymously at a public meeting?
- Recovering Attorney Fees under the Texas Public Information Act
- Can I request government records anonymously?
- Texas AG releases 2022 Open Meetings Act Handbook
- Texas AG releases 2022 Public Information Act Handbook
- Does increased transparency lead to decrease in open records requests?
- Texas Attorney General issues record number of Open Records Rulings
- The government is refusing to give me public information. What can I do?
- Are there criminal penalties for violating the Texas Public Information Act?
- Can I protect my company’s confidential information through the Texas Public Information Act?
- Are you ready to “Leave Meeting”? Governor Abbott says in-person open meetings are back (for now)
- Can I be charged a fee for records requested under the Texas Public Information Act?
- How can I get public information from ERCOT?
- Secret Agents: Can a governmental body prohibit the disclosure of information discussed in closed meetings?
- Violations of TOMA may be criminal (and yes, you can go to jail)
- Here Comes the Sun? Texas Legislature considers bills to reform open government laws
- Did TOMA freeze communications among PUC, RRC commissioners during Winter Storm Uri?
- Are Facebook and Twitter accounts subject to disclosure under the Texas Public Information Act?
- Can a Governmental Body Meet Behind Closed Doors?
- Wait, my company’s confidential information can be released under the Public Information Act? How can we stop that?
- Can a governmental body use litigation as an excuse to withhold public information?
- I submitted a Texas Public Information Act request. What happens next?
- Sunlight is the best disinfectant, but it may have to wait 14 days
- Texas AG: Governmental bodies can limit public comment at open meetings
- Hillary’s Homebrew Server and Lessons for Texas Open Government
- Public Access to Government Contracts in Texas: High-Stakes Rock-Paper-Scissors?
- Texas Supreme Court Protects “Private” Entities from the Purview of the Texas Public Information Act
- Texas Supreme Court Opens the Floodgates to Open Records Litigation
- Responding to Texas Public Information Act Requests