2020-023 HB 2840 ClarificationDate: March 6, 2020 Report No. 2020-023
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Allegations of La’Shadion Shemwell regarding application of House Bill 2840/Texas Government
Code §551.007 to City of Denton Meetings.
BACKGROUND:
During the March 3 City Council Meeting, La’Shadion Shemwell, speaking off-topic during the
first Public Hearing item1, alleged that limiting the number of speakers during Section 2
(Presentation from Members of the Public) of the agenda is contrary to state law. Mr. Shemwell
further stated that he would file complaints with the Texas Ethics Commission regarding the
alleged violation.
Mr. Shemwell’s allegation has no basis in law or fact. While he did not specifically reference
which Texas law on which he relied during his recorded comments, he referenced House Bill 2840
in conversation with the City Attorney.
House Bill 2840 was codified as Section 551.007 of the Texas Government Code, effective
September 1, 2019. Council received an informal staff report on August 9, 2019, regarding the
effect of the bill. Some of that information is repeated below for convenience.
DISCUSSION:
Mr. Shemwell argued that the City cannot limit the number of speakers who have signed up to
speak before Council on any topic. There is no law supporting this argument. The closest law on
point is Texas Government Code §551.007; however, this law has specific requirements and
application.
Government Code §551.007 provides in pertinent part that:
1. a governmental body shall allow each member of the public who desires to address the
body regarding an item on an agenda for an open meeting of the body to address the body
regarding the item at the meeting before or during the body’s consideration of the item;
2. a governmental body may adopt reasonable rules regarding the public’s right to address the
body; and
3. a governmental body may not prohibit public criticism of the governmental body, including
criticism of any act, omission, policy, procedure, program, or service, unless the public
criticism is otherwise prohibited by law.
Addressing the Government Body
The newly adopted §551.007(b) provides that “[a] governmental body shall allow each member of
the public who desires to address the body regarding an item on an agenda for an open meeting
of the body to address the body regarding the item at the meeting before or during the body’s
consideration of the item” (emphasis added).
1 Item Z19-0014c: Regarding a change in zoning for the property at 311 Jannie Street.
Date: March 6, 2020 Report No. 2020-023
First, the item must be on the agenda. By its definition, the public comment and “Open
Microphone” section of the agenda is for topics/items not already on the agenda.
Second, the provision applies to items that are before the governmental body’s “consideration.”
The Texas legislature specifically did not apply this to all items “deliberated” by the body.
Therefore, the provision applies only to items on which the City Council will take a formal action,
not Work Session items or “Open Mic” speakers. This is supported by the House Bill 2840 Bill
Analysis and intent of the Bill’s author: the bill’s purpose was to specifically increase “access to
the decision-making process by providing for public comment before and during the consideration
of each item on the meeting agenda” (emphasis added). Talking points on the House Floor before
adoption of the Bill indicate the intent was the address those cities that only allow public comment
at the end of the Council meeting. Further remarks also state that the intent was “to allow the
public to testify on every actionable item” (emphasis added). This interpretation aligns with that
of other cities, including Dallas and Fort Worth.
Reasonable Rules
While the City of Denton Code of Ordinances 2-29(f)(4) restricts the presentation from members
of the public to seven (7) speakers, however achieved between those speakers who previously
registered and the “Open Mic” section, this provision is also permissible under §551.007. As
stated above, because this section of the agenda is for the public to address Council related to items
not on the agenda and not set for action at the meeting, a limitation as currently imposed is allowed.
Public Criticism
Current ordinances and practices do not prohibit the public criticism of the governmental body.
Citizens are certainly welcome to address Council regarding criticisms not related to agenda items
during the public comment section of the agenda discussed above.
CONCLUSION:
The City of Denton City Council Rules of Procedure (Code of Ordinances 2-29) are in compliance
with state law, including Government Code 551.007. Specifically, the City does not limit the
number of speakers on actionable items on the meeting agenda. Mr. Shemwell’s allegation of a
violation of law is unfounded.
ATTACHMENT(S):
Texas Government Code §551.007
STAFF CONTACT:
Aaron Leal
City Attorney
(940) 349-8333
Aaron.Leal@cityofdenton.com
Trey Lansford
Deputy City Attorney
Date: March 6, 2020 Report No. 2020-023
(940) 349-8333
Trey.Lansford@cityofdenton.com
REQUESTOR:
Staff Initiated
PARTICIPATING DEPARTMENTS:
Legal