The big picture: Does the Midland Chamber of Commerce have to open its meetings, minutes, or financial records to the public under Texas transparency laws?

Why it matters: The Chamber receives public funding through contracts with the City of Midland, leading some community members to assume it must follow the Texas Open Meetings Act (TOMA) or the Texas Public Information Act (TPIA).

The bottom line: No. The Midland Chamber is a 501(c)(6) nonprofit and is not subject to TOMA or TPIA under current law and court rulings.

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  • TOMA applies to governmental bodies, not private organizations, even if they receive public funds. The Texas Attorney General has stated, “A city chamber of commerce, a private entity, is not a governmental body within the Act, although it receives public funds.” Therefore, its internal meetings and agendas are not required to be public.

  • TPIA covers records of public agencies or private entities performing official government functions. Older Attorney General opinions suggested that any entity receiving public funds could fall under TPIA. However, the Texas Supreme Court significantly narrowed that interpretation in Greater Houston Partnership v. Paxton. In that case, the court ruled that a private entity is only subject to TPIA if it acts as the functional equivalent of a governmental body and is “sustained,” at least in part, by public funds. “Sustained” means it could not continue operating without those funds, not just that it receives them.

The other side: While the Chamber itself isn’t directly subject to transparency laws, any contracts, payments, or agreements between the Chamber and the City of Midland or other public entities are public records. Residents can request those documents through the entity using TPIA.