What happened: During public comment at last week’s, Jan. 13, Midland City Council meeting, a speaker refused to provide his address, arguing that the Texas Open Meetings Act does not require it. The city attorney responded that while state law does not explicitly require speakers to state an address, it does allow cities to adopt reasonable rules governing public comment.

The attorney stated that the Midland City Council adopted a rule requiring speakers to provide both their name and address, and because the rule is part of the council’s procedures, staff may enforce it.

Following the meeting, the speaker shared social media posts citing legal opinions and federal civil rights statutes, claiming the city council could not legally require him to provide his address.

The big picture: The Texas Open Meetings Act guarantees the public the right to attend open meetings. It does not guarantee an unlimited right to speak. Texas Government Code § 551.007 requires certain local governing bodies, including city councils, to allow public comment on agenda items, but also allows those bodies to adopt reasonable rules governing public comment.

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Go deeper: Some of the man’s claims referenced Section 2.06(g) and Public Access Opinion 14-009. Both come from the Illinois Open Meetings Act, not the Texas Open Meetings Act. Illinois public access opinions interpret Illinois law and are binding only on Illinois public bodies. They have no legal authority in Texas.

He also made references to “Title 18” and a “deprivation of civil rights.” Because Title 18 U.S.C. § 242 is a federal criminal statute, only the U.S. Department of Justice enforces it. It does not apply to routine enforcement of city council rules, nor does it give private citizens the authority to threaten arrest.

The bottom line: Texas law does not require speakers to give their addresses, but the city council may require them through its adopted rules.