AI Confidential: Navigating Potential Issues When Using Artificial Intelligence Tools in Open Meetings

Artificial intelligence (AI) tools have permeated business operations throughout both the private and public sector. Texas municipalities are no exception. According to a 2022 report from the Texas Department of Information Resources, more than one third of Texas State agencies are utilizing some form of artificial intelligence. Such agencies are using AI for translating languages into English, implementing speech-to-text applications for call centers, as well as enhancing cybersecurity and fraud detection. Additionally, because AI technology can process large amounts of data quickly, such tools can be used to speed up required municipal record-keeping processes and workflows, such as transcribing and generating meeting minutes for public meetings.

Under the Texas Open Meetings Act (TOMA), a governing body is required to either keep minutes or make a recording of every open meeting. Tex. Gov’t Code Sec. 551.021. Using AI tools could significantly assist city employees in keeping meeting minutes by:

• transcribing speech in real time;
• summarizing key points and formatting minutes automatically;
• ensuring the final minutes are polished and error-free; and
• ensuring compliance by automatically cross-checking meeting minutes with both state and local regulations.

However, is the use of such tools authorized under current Texas law?

Texas law makers have put forward a bill entitled the Texas Responsible Artificial Intelligence Governance Act (“TRIAGA”) (HB 149).  This bill would create an Artificial Intelligence Council within the Texas Department of Information Resources to monitor the AI environment in Texas and place restrictions on the development and deployment of AI systems by businesses and governmental entities. If enacted, governmental entities would be prohibited from developing or deploying AI tools to intentionally and unlawfully discriminate against a protected class under state and federal law. It would also require certain governmental agencies to clearly disclose use of AI tools to each constituent before or at the time of interaction to make the constituent aware that they are interacting with an AI system. However, HB 149 does not specifically address the manner in which municipalities may employ AI tools to aid in record-keeping processes, such as meeting minutes.

Chapter 551 of the Texas Government Code only provides that municipalities must prepare minutes that 1) state the subject of each deliberation, and 2) indicate each vote, order, decision, or other action taken.  Tex. Gov’t Code Sec. 551.021. As for recordings, the Code provides that a person in attendance may record all or any part of an open meeting of a governmental body “by means of a recorder, video camera, or other means of aural or visual reproduction.” Tex. Gov’t Code Sec. 551.023. The Code further authorizes municipalities to adopt reasonable rules relating to “(1) the location of recording equipment; and (2) the manner in which the recording is conducted.” Tex. Gov’t Code Sec. 551.023.

So long as municipalities maintain reasonable rules to ensure that meeting minutes are accurate and complete, using AI tools to aid in preparing minutes of open meetings likely complies with legal standards. Using such tools for closed meetings, however, may be a different story. Be on the lookout for part 2 where we will discuss using AI tools for closed meetings.

Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.