Yearly Archives: 2017
Texas Legislature Enacts Sexual Harassment Policies: Time for Change
This year, prior to the very recent barrage of local and national media coverage regarding reports of sexual assault and harassment, Texas lawmakers created policies empowering sexual assault victims and witnesses of such behavior at institutions of higher learning. During the 85th legislative session several laws were passed with the intent and design to… Read More »
The Law of Gifts: No Strings Attached (For the Most Part)
‘Tis the season of giving, and hopefully by now all the things you intend to give have been got. I know of some folks who not only have all of their shopping done, but also have everything wrapped already. Likewise, I know of some folks who still have some shopping or wrapping to do—or… Read More »
Setting Up a Municipal Zoning Review Board in Texas
In the state of Texas, municipal zoning authority is governed by Chapter 211 of the Texas Local Government Code. Section 211.003 specifically authorizes cities to regulate “the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes.” Section 211.008 authorizes, but does not require, cities to appoint a… Read More »
Why Are States Fighting with Their Cities?
This past week, I just finished fighting off a surprise attack in the form of a lawsuit that included an emergency hearing on an application for a temporary restraining order, possible appeal to the court of appeals with an emergency motion to stay the TRO if it was granted. It wasn’t granted. I thought… Read More »
White Paper: Texas Rules for City Annexation
The 85th Texas Legislature changed the rules of the road for cities in Texas seeking to annex surrounding areas, putting limits on the practice. We initially discussed this in a recent blog on annexation and here have expanded on the topic in a white paper you can read here.
Caveat Emptor: Material and Nonmaterial Corrections to Deeds
In a previous article, we examined the anatomy of a deed. In this follow-up, we will examine a few options to correct certain errors in deeds. But first, let’s spend a moment on how errors in deeds tend to occur in the first place. The ordinary system of conveying title to real property can… Read More »
Municipal Regulation of Group Homes in Texas
What is the current state of the law on municipal regulation of group homes in Texas? More specifically, which ordinances regulating group homes in a residential area have been upheld as enforceable? And, perhaps as important a question: which ones have not been upheld or called into question? The short answer is: If the… Read More »
Southeast Texas Astros? What Happens When Texas Hampers Local Control?
Who wants to write a legal blog while basking in the glow of the Houston Astros winning the World Series in Game 7 or when the biggest-ever parade in the City of Houston’s history is happening? Go ‘Stros! This win has made Houston Strong, stronger. But as I watched most of the government leaders… Read More »
Is Texas Empowering Texas Cities?
If you have been reading our firm blogs recently or just watching the local news here in our part of Texas, you know our state elected officials met this summer in the 85th Legislative session to write more laws; and write they did. At last unofficial count by me, there are 213 new laws… Read More »
Freedom of Speech and City Regulation: Signs of the Times
With all the discussion surrounding the “take a knee” protests at the NFL recently, there have been a lot of references to the First Amendment right to freedom of speech. However, the First Amendment is not implicated by these protests; and, in my experience, people are quick to proclaim First Amendment protection in many… Read More »