Yearly Archives: 2018
Poison: Conflicts of Interest for Texas Local Public Officials
There’s a saying in toxicology: “the dose makes the poison.” This saying is derived from the concept that any substance, including water and oxygen, can become toxic at high enough concentrations. Well, a similar concept can be applied to conflicts of interest. Virtually any action taken by a public official can have some positive… Read More »
Texas Law Supports Women’s Right to Breastfeed in Public
Recently, the United States surprised many by opposing a World Health Assembly resolution to promote breastfeeding as preferable to baby formula substitutes. A U.S. Department of Health and Human Services spokesman told the New York Times earlier this month that the position was taken to be considerate of women who are unable to breastfeed…. Read More »
Blueprint for Good Governance: Review Your City Charter
A City Charter establishes a town and sets up the municipality’s form of government. In a sense, a City Charter can be thought of as a town’s constitution. So what happens when the city charter is unclear, or even worse, the Mayor or Council fail to uphold the rules of the Charter? The City… Read More »
Top 14 Ways to Drive Your City Attorney Crazy (or Make Him Take a Vacation)
A wise mayor once told me that you train people how to treat you. He also told me that an accountant’s job is to reduce cost, a lawyer’s job is to reduce risk, but an owner’s (manager’s) job is to grow the business by taking risk and wisely spending money. I thought about those… Read More »
Dark Sky Ordinances Keeping the Stars Bright in Texas
The classic musical tribute to the Lone Star state, “Deep in the Heart of Texas,” boasts of how “the stars at night are big and bright,” an attribute many municipalities would like to maintain in the sky above. In an era of state preemption of city laws in Texas, my recent blog concerning city… Read More »
Free Speech, Public Forums and Government Social Media Accounts
The internet has made communication much easier and infinitely further reaching. With a few strokes of the keyboard, anyone with internet access can express their thoughts or opinions to thousands or even millions of individuals. Many government officials have opted to use popular social media platforms for this very purpose. Probably the most well-known… Read More »
Enforcing Building Codes in a City’s ETJ in Texas
Cities routinely collect permit fees as they go about enforcing their building codes, but what is a city in Texas to do about development in its extraterritorial jurisdiction (ETJ)? According to a recent appellate court decision, a city cannot pursue code enforcement in its ETJ. However, (1) that case may be appealed to the… Read More »
Plastic Bags and Local Control: Laredo Ordinance Case Pitches State vs. Cities
A gradual and steady decline of local control by municipalities in Texas began in the last five years and this erosion continues. Our firm has written several blogs on this topic. I continually discover new areas of preemption by State law, such as fracking, oil and gas development, driving and texting, all of which… Read More »
Public Information Requests in Texas – That Information’s Gonna Cost You
The Texas Public Information Act governs the public’s access to information held by governmental bodies in Texas. It also governs the cost of obtaining such information. Specifically, the Act states that “[t]he charge for providing a copy of public information shall be an amount that reasonably includes all costs related to reproducing the public… Read More »
Making Sure Government Buildings Are ADA Compliant
The essence of Americans with Disabilities Act (ADA) compliance is removing barriers to accessibility that amount to discrimination. Essentially, state and local government facilities must follow Title II of the 2010 ADA Standards for Accessible Design to be in full compliance. The standards for removing barriers to accessibility include four different priorities to be addressed, from most… Read More »