Category Archives: Local Governmental Entities
ERCOT & Sovereign Immunity
Texas is 80 degrees this weekend. If not for the dead foliage, brown grass, ruined dry wall and furnishings piled on the side of streets and long lines at home improvement stores I might be able to forget about last week. Texans should not forget. This week lawsuits have been filed against ERCOT for… Read More »
Quorum Quandaries: When Is a Council Member Not a Member?
In previous blog posts, we’ve discussed the requirements of the Texas Open Meetings Act, and various issues related to properly held open meetings and quorum requirements. Though there’s substantial case law and legislative history on these issues, recently a unique question arose in this context. Where a meeting is properly noticed and convened, and… Read More »
Is That Lunch Meeting Legal?
Is that lunch meeting legal? Is that text message toeing the line? Will that email land you in hot water? The Texas Attorney General has determined that a “walking quorum” occurs when members of a governmental body gather in number that do not physically constitute a quorum at any one time but who, through… Read More »
A City Attorney’s Guide To Cancelling A General Municipal Election In Texas
Typically, general municipal elections in Texas are routine matters, however; every now and then, issues arise that require a City Attorney to dig deep into the Texas Election Code. One such statute deals with the cancellation of a general municipal election because there are unopposed candidates. So, what should your City do if the… Read More »
Texas Drone Law Fight in Federal Court Continues
This week amidst news regarding the horrible toll Covid-19 is taking on our country, the continuing political saga regarding the presidential election, and post-Thanksgiving weight gain (on top of the Covid weight gain) a federal judge in Austin, Texas signed an order denying the State’s request to dismiss the suit regarding the constitutionality of… Read More »
Steps to Adopting a Home-Rule City Charter in Texas
In Texas, there are primarily two types of cities, general law and home rule. There are some slight variations among different types of general-law cities, but broadly speaking, the major differences are found between general-law and home-rule cities. The fundamental difference between how these types of cities operate comes down to their authority to… Read More »
No Indemnification By Texas Municipalities
Municipalities in Texas regularly find themselves negotiating one agreement or another with a variety of vendors for a variety of services. Each agreement is different as it is tailored to meet the needs of that specific service, but there are certain provisions that will be present in every agreement a municipality enters into. One… Read More »
Peaceful Transfer of Power, Texas Style (Bring an Axe)
The 2020 elections were or still are on everyone’s mind. Trying to fill airtime, there has been speculation of how the Federal Government peacefully transfers its power from one administration to another. But how does Texas do it? After all, Texans never let an opportunity pass without reminding anyone that we were once a… Read More »
Zooming on Zoning? Citizens Can Home in on City Hall, Literally and Figuratively
I have lived in Houston, Texas for a long time but the one thing that still bothers this Yankee transplant is the lack of zoning. Even my gated pocket of urban single-family homes is right next to a large apartment complex on one side and warehouses on the other. Granted, I live in the… Read More »
With Early Voting Underway, Pandemic Brings Heightened Scrutiny of Texas Election Code
The fundamental basis of any democracy is the right of the people to vote. The COVID-19 pandemic has had an impact on nearly every aspect of our day-to-day lives, and this year’s elections are no exception. In the past six months, we’ve seen orders issued by Governor Abbott allowing Texas cities to move their… Read More »