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Nonprofit Law/Open Board Meetings fro non-profit

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Question
Hello! My question is if the Sunshine Law applies to a non-profit board meeting in Texas. Must we make the board meetings open to our general membership? We don't receive governmental funding, but do accept public funding. Thank you.

Answer
I have in my profile that this free forum is only for general questions about IRS federal exemption issues of 501(c)(3) organizations. Your matter is controlled by state law and states may differ somewhat with how they would treat such issues. Even though this forum is not for such state law issues, I will direct you to the Texas the law which is at http://www.rcfp.org/texas-open-government-guide
specifically read at 1.B.4.a Open Records for "Nongovernmental
bodies receiving public funds or benefits" and the sections B5-B7
nearby have the applicable discussion. If none of those apply to
the organization, then the state open records law does not apply
to the organization.

specifically read at "Open Meetings" about 1/2 the way down the
left column at I.C.4 "Nongovernmental bodies receiving public funds
or benefits". If that does not apply to the organization (it does
not receive public funds or benefits) and none of the other
following  5 sections  (C5-D9) apply to the organization, then the
organization is not subject to the State Open Meetings law.

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather more information.

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Harvey Mechanic

Expertise

I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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