The case involving Montgomery County Judge Craig Doyal and two county commissioners continued on Thursday with additional testimony by expert witnesses and city mayors challenging the constitutionality of Texas Government Code 551.143, which states that members of a governmental body cannot knowingly conspire to circumvent the Texas Open Meetings Act. The case, which is being heard in Montgomery County’s 221st District Court, brings to question whether Doyal, Precinct 2 Commissioner Charlie Riley, Precinct 4 Commissioner Jim Clark and political consultant Marc Davenport violated the Texas Open Meetings Act while negotiating details of the November 2015 Montgomery County road bond. During Thursday’s hearing presiding Judge Randy Clapp, of Wharton County’s 329th District Court, heard testimony from Austin-based attorney Jennifer Riggs, who previously worked at the Texas Attorney General’s office and has deep knowledge of the TOMA, as well as Oak Ridge North Mayor Jim Kuykendall. Riggs testified that while she supports the greater cause of the Texas Open Meetings Act, the statute in question, 551.143, is unconstitutional. Because of her experience with the AG’s office and writing AG opinions related to the TOMA, she said the statute was intended to prevent practices such as a walking quorum but instead straps down government officials from communicating with constituents. A walking quorum is a situation in which elected officials speak to one another in a series of conversations in numbers less than a quorum in order to avoid violating the open meetings act. “The very act of trying to keep it legal [by not meeting in a quorum] could be what proves [conspiracy under section] 143,” Riggs said, later stating “this puts them in an impossible position.” Rigg also testified that members of the Texas Legislature—which is subject to the TOMA—would frequently be in violation of the statute during legislative sessions if they did not have the ability to suspend the rule. Her testimony also called into question the legality of public officials meeting in advisory subcommittees. Kuykendall testified that the statute “basically neuters everybody,” and makes elected officials fearful of prosecution under the TOMA if innocent activities are construed as a violation of the law. The case will resume Friday morning at 9 a.m.