Since June 2016, several Montgomery County elected officials have been under investigation for a possible violation of the Texas Open Meetings Act. Montgomery County Judge Craig Doyal, Precinct 2 Commissioner Charlie Riley and Precinct 4 Commissioner Jim Clark were accused of circumventing the act during negotiations for the November 2015 Montgomery County road bond election.

During the case, however, visiting judge Randy Clapp of Wharton County ruled that a provision in the act was unconstitutional because it was vague and infringed on first amendment rights. The ruling is significant for the state, as it brings into question the validity of a portion of the Open Meetings Act.

The ruling was reversed in the appeals process Feb. 7, and with that decision the law moves forward as written. However, a new appeal could still uphold Clapp’s ruling, and it is possible the Texas Legislature may need to revisit the provision in a future legislative session if the new appeal is successful.