Yearly Archives: 2018
Cities and the First Amendment, or How To Avoid Violating Your Citizens’ Free Speech Rights
Any time any government agency limits the rights of citizens to speak, assemble or practice their religion, those limitations could trigger constitutional issues and those issues could become a real legal headache for that government under the First Amendment. City officials may not even realize that they are creating free speech questions as they… Read More »
Texas Property Tax Debate Illustrates How State Government Pressures Municipalities
Texas Governor Greg Abbott is running for re-election in a few weeks and a lot of the information and news coming out of the governor’s office is geared to ensure a successful campaign. The governor released his legislative blueprint on his campaign page which he has labeled the “Texas Bicentennial Blueprint,” and similar content… Read More »
Thinking About Art and Potential Liability
I have a friend whose occupation requires him to spend a lot of time in airports. Recently, he created a photo album on his social media account, titled “airport art,” and began periodically uploading photos of the artwork that he encounters in and around airports. The album consists almost entirely of paintings and sculptures;… Read More »
Shabby Chic Yard or Public Nuisance? How Texas Cities Can Cover Costs of Weed Abatement
Most Texans take pride in keeping their home looking good, maintaining a well-kept lawn, and preventing junk from piling up in their yard. Of course, there are always those who don’t seem to mind having waist-high weeds or an old junked vehicle sitting on their front lawn. For the neighborhood and the community as… Read More »
Texas Tax Code Caps Homestead Exemptions at 20% of Property Value
Texas residents might enjoy a homestead tax break of up to 20% of the appraised value of their home, depending on what amount is provided for by their local property tax authority. But what if a city wanted to give homeowners a bigger break? Would that require a change to Texas statute or the… Read More »
Texas Ethics Commission Regulates State Campaign Finance Rules, for Now
Lately, we have been hearing a lot about campaign finance. Any individual that chooses to run for an elected public office in Texas has election and finance laws to follow. We are about 10 weeks away from election day on Tuesday, November 6, 2018, and we know who our Texan candidates are. Texans will… Read More »
A Cautionary Tale: Are Home Warranties Worth It?
What follows is a case study on whether home warranties are “worth it.” I have been given permission to tell this story, but not to disclose the names of the parties involved. Therefore, I’ll call the homeowner in this story “Homer” and the home warranty company “HWC.” Incidentally, Homer is someone near and dear… Read More »
Trademarking a City Slogan to Enhance Economic Development
What’s in a name? Or, in a city slogan, for that matter? A city may adopt a slogan to boost civic morale, encourage economic development and increase tourism dollars. Further, a city may opt to trademark a slogan to protect its brand from dilution or imitation. Some slogans are unofficial, such as “the city… Read More »
Bulletproof Backpacks Are Now a School Supply Item, But Are Schools Safer?
It’s August and for millions of young Americans, the first day of the new school year is just around the corner. Time for parents to stock up on all those school supplies. Time for new clothes, pens, pencils, notebooks, highlighters, and bulletproof backpacks. Wait, what? Yes, bulletproof backpacks have become a very real thing…. Read More »
Texas Homeowners’ Association Rules vs. Municipal Ordinances
Houston, Texas, is a sprawling municipality, encompassing 655 square miles, the largest land area by far of the 10 most populated American cities. [1] When you travel our city, you quickly realize there are no true commercial, residential or high-rise areas of town, as there are no strict “zoning” laws that regulate development. There… Read More »