RONR VS Texas Open Meetings Act

[joejack0619]

According to our by-laws we are to follow Roberts Rule of Order. My question is, being a non profit private corporation, an emergency services company, do we fall under Texas Government Code - Section 551.001 section 3 and have to follow Texas Open Meeting Act because in several different ways they contraindicate each other. We need to know does state superseed RONR even if our by-laws state Roberts Rule or are we even considered to be covered by Texas Government Code - Section 551.001 section 3. Any information or assistance in this matter would be greatly appreciated. If there is documentation that supports any answers please tell me how to find it so I can bring it to our board. Thank you

[hmtcastle]

do we fall under Texas Government Code - Section 551.001 section 3 and have to follow Texas Open Meeting Act

That's a question for an attorney, not the parliamentarians who populate (haunt?) this humble forum.

But applicable, procedural, State law supersedes RONR.

[Gary Novosielski]

According to our by-laws we are to follow Roberts Rule of Order. My question is, being a non profit private corporation, an emergency services company, do we fall under Texas Government Code - Section 551.001 section 3 and have to follow Texas Open Meeting Act because in several different ways they contraindicate each other. We need to know does state superseed RONR even if our by-laws state Roberts Rule or are we even considered to be covered by Texas Government Code - Section 551.001 section 3. Any information or assistance in this matter would be greatly appreciated. If there is documentation that supports any answers please tell me how to find it so I can bring it to our board. Thank you

In most states the Open Meetings acts (a.k.a. "Sunshine Laws") apply to public bodies, not private companies. But you should either read the Act itself, if it's understandable, or consult an attorney in the more likely event that it is not. Texas is almost guaranteed to be different from the real world.

[Tim Wynn]

According to our by-laws we are to follow Roberts Rule of Order. My question is, being a non profit private corporation, an emergency services company, do we fall under Texas Government Code - Section 551.001 section 3 and have to follow Texas Open Meeting Act because in several different ways they contraindicate each other.

I don't know. This is a question specific to your organization and your State, which would take some professional research.

We need to know does state superseed RONR even if our by-laws state Roberts Rule

Yes, State law supersedes RONR.

or are we even considered to be covered by Texas Government Code - Section 551.001 section 3.

This, too, is a question specific to your organization, not to common parliamentary law.

Any information or assistance in this matter would be greatly appreciated. If there is documentation that supports any answers please tell me how to find it so I can bring it to our board. Thank you

If you have a meeting-related goal in mind, we might be able to help you attain it through some parliamentary method. If you're looking for legal advice, we're going to be of little use.

[Josh Martin]

We need to know does state superseed RONR even if our by-laws state Roberts Rule... If there is documentation that supports any answers please tell me how to find it so I can bring it to our board.

Applicable procedural rules in state law supersede RONR, even if your Bylaws specify it as your parliamentary authority. (RONR, 10th ed., pg. 4, lines 1-4; pg. 10, lines 16-20; pg. 562, footnote) Whether particular state laws are applicable to your organization and how the provisions of different laws interact are questions which are beyond the scope of this forum and should be directed to a lawyer.