Relating to assistance in the investigation of certain open meetings offenses by the open records division of the attorney general's office.

Contracts

• Government Vendor Agreements: Immediately review "Representations and Warranties" clauses in pending contracts with cities, counties, and school districts. Strengthen language requiring the government entity to warrant that "all proceedings related to the award and execution of this agreement were conducted in strict compliance with Texas Government Code Chapter 551."
• Lobbyist Engagement Letters: Amend contracts with external lobbyists. Include indemnification clauses protecting your company if the lobbyist’s conduct (e.g., facilitating a "walking quorum") triggers a TOMA investigation.

Hiring/Training

• Government Affairs Training: Retrain in-house government relations staff immediately. They must strictly refuse any invitation to private briefings or social gatherings that include a quorum of a board or council, as these are now high-probability targets for state-level investigation.

Reporting & Record-Keeping

• Due Diligence Logs: Private entities must rigorously document all interactions with government officials, specifically noting attendees, to affirmatively prove your representatives did not facilitate an illegal meeting.
• Prosecutor Monitoring: Legal departments must establish a workflow to monitor the official websites of District and County Attorneys in jurisdictions where you have active projects. A posted "Notice of Non-Prosecution" regarding a relevant government body is a red flag that your contract may be voidable.

Fees & Costs

• No Direct Fees: There are no new filing fees for businesses.
• Indirect Costs: Anticipate increased legal costs for defensive diligence. The Fiscal Note authorizes funding for additional Texas Rangers for the Public Integrity Unit, signaling a sharp increase in active investigations.