Yearly Archives: 2020
Show Me the Bacon
Well, Texans, it’s that time of year again. The legendary Texas heat is finally abating, and we are waking up to crisp cool air all across this great state of ours. This is one of the many reasons so many of us love our state. We have a few unrelenting months of breathtaking summer… Read More »
Justice Ginsburg Remembered: A Champion for Equal Protection
Today is the first time in American history a woman lies in repose in the United States Capitol. Surely there were many “firsts” for Supreme Court Justice Ruth Bader Ginsburg (“RBG”) in her lifetime, including the first female attorney to argue at the U.S. Supreme Court. RBG was an accomplished attorney, professor, U.S. Circuit… Read More »
Concurrently Scheduling Online and In-Person Public Meetings under the Texas Open Meetings Act
Certain laws require cities, counties, and other governmental entities to give advance public notice prior to taking certain actions—usually holding a public hearing. Sometimes, that notice must be published in a newspaper, posted on a website, or even mailed directly to certain interested parties. Typically, there is nothing particularly challenging about giving advance notice… Read More »
Texas Cities Remain Limited by Governor’s Order Over Pandemic Restrictions
We continue to live in confusing and unprecedented times amid the global COVID-19 pandemic. Over the past six months, we’ve seen a number of emergency orders and disaster declarations at both the local and state level, which are aimed at keeping Texans safe and helping to slow the spread of the coronavirus. As discussed… Read More »
Extent of Liability for Texas Cities Depends on Whether Functions Are Governmental or Proprietary
A question that often comes up for municipalities all over the state is whether they can be held liable for actions taken as a governmental entity. At one time in our history this was technically true, but in 1969, Texas enacted what is now known as the Texas Tort Claims Act. Prior to the… Read More »
Texas Cities Facing Tight Budgets Could Be Pressured by State on Police Funding
Calls for police reform and defunding the police are not new. A social movement has existed at least for as long as I can remember calling for police reform, and I am a member of Generation “X”. For those of you that don’t know, Generation “X” is smack dab between Baby Boomers and Millennials…. Read More »
Criteria for Attorney-Client Privilege to Apply in the Real World
Most people are aware that the attorney-client privilege exists, even if they have never been represented by an attorney themselves. However, partially due to its portrayal in pop culture (anyone remember the “put a dollar in my pocket” scene from Breaking Bad?), there are many misconceptions about when the privilege applies and to what… Read More »
Rescheduling Open Meetings in Texas Across a Range of Catastrophes
What do you do if you cannot hold your properly posted City Council meeting at the scheduled time? This is an issue many municipality’s face in Texas at some point, and more so than ever now that we are in the midst of a global pandemic. Anyone that has lived in Texas for more… Read More »
Between a Rock and a Hard Place: Grand Jury Subpoenas
What happens if the City receives a grand jury subpoena with a secrecy clause or gag order? Can a Texas District Attorney prevent you from informing your client, or the city manager or the mayor or the city council? As a city attorney, who is your client? What duty do you owe your client… Read More »
Texas Measures Regarding Law Enforcement Interaction with the Public
Since the murder of George Floyd, law enforcement both at the local and federal level has been in the news. Admittedly, it is not fair to judge all law enforcement officers based on the illegal, racist, or unprofessional behavior of a few but many states, including Texas, have had police encounters that have led… Read More »