Section 552.233 of the Government Code permits a governmental body impacted by a catastrophe or disaster to suspend the applicability of the Act for up to fourteen (14) calendar days.  Use of the section 552.233 suspension process is appropriate where a governmental body is open for business but determines that a catastrophe has interfered with its ability to comply with the Act.  A section 552.233 suspension is not necessary if the governmental body is not open for business or if the applicable suspension period does not otherwise encompass a business day, as described below.

In order to provide additional clarification regarding the calculation of business days during the state response to the coronavirus, governmental bodies should consider the following guidelines when calculating business days:

  • Holidays observed by the governmental body are not business days.
  • Weekends are not business days.
  • Skeleton crew days are not business days.
  • A day on which a governmental body’s administrative offices are closed is not a business day.
  • If a governmental body has closed its physical offices for purposes of a public health or epidemic response, or if a governmental body is unable to access its records on a calendar day, then such day is not a business day, even if staff continues to work remotely or staff is present but involved directly in the public health or epidemic response.

During a catastrophe, a governmental body can suspend the applicability of the Act for up to fourteen (14) calendar days. The initial suspension period is for a period of seven (7) calendar days. The suspension period may be extended an additional seven (7) consecutive calendar days by resubmitting the catastrophe notice and completing the extension notice identified in § 7 of the catastrophe notice. The suspension period may only be extended one time, and the extension must begin on the day following the end date of the initial suspension. To suspend the requirements of the Act, a governmental body must submit a catastrophe notice to the Texas Attorney General’s office. The catastrophe notice can be accessed and submitted electronically using the following link: https://www.texasattorneygeneral.gov/open-government/governmental-bodies/catastrophe-notice.

We are happy to assist you with completing the catastrophe form and answering any questions you may have.