Category Archives: Local Governmental Entities
Return of the Jedi?
In May, we wrote and warned about the passage of HB 2127 named the Death Star bill because it was to radically change local regulation. The name is ironic given the Death Star was fatally flawed and was destroyed by the very people it was meant to intimidate and subjugate. The City of Houston… Read More »
The Texas Jobs, Energy, Technology, and Innovation Act
The Texas Economic Development Act, or Chapter 313 of the Texas Tax Code was created by the Texas Legislature in 2001 to attract large-scale businesses and high-paying jobs. This was accomplished by providing an incentive program to capital-intensive businesses (e.g., manufacturers) which limited the appraised value of business property for the purposes of local… Read More »
Special Sessions
In the 88th Regular Legislative Session, 8,046 bills were introduced and 1,246 were passed. In addition to the regular session, the Texas Constitution grants the governor the authority to convene special sessions as deemed necessary. Unlike other states, where the legislature may call itself into session, only the governor of Texas may call the… Read More »
How an Unincorporated Community Can Become a City in Texas
Texas has more than 1,200 incorporated cities – or municipalities. Such municipalities range in size from Houston (with more than 2.3 million residents) to over 400 towns with populations of fewer than 1,000. However, Texas also has more than double that number of unincorporated communities. So, what is the difference between an unincorporated community and an… Read More »
ETJ: Extraterritorial Jurisdiction
All cities have city limit lines; you have seen road signs when you leave one city and enter another on the highway. The notion of city limits is one most are familiar with. Given the well-understood concept of city limits –what the heck is a City’s ETJ? Webster’s Dictionary defines the word extraterritorial as… Read More »
The Texas Death Star Bill
Texas HB 2127: depending on whom you ask, it’s known as either the Regulatory Consistency Act, or the Texas Death Star Bill. Proponents would argue that it makes regulations more uniform across the state and benefits small businesses. Those who oppose the bill would say that it decimates local control by cities and counties… Read More »
When the Law Disagrees With Itself
With the 88th Legislative Session quickly coming to a close later this month, all eyes are on those proposed bills that would alter the municipal landscape. But, with legislative changes also come legislative amendments, and those amendments may sometimes significantly clash with long-standing law that – itself – wasn’t altered. For example, under the… Read More »
How To Serve Well On City Council
You decided to throw your hat into the ring. You campaigned tirelessly with posters, telephone calls and door-to-door visits. You’ve been elected to serve on the city council. Congratulations! You will take your oath of office soon. What now? Being an excellent city council member requires a combination of skills, knowledge, and personal qualities…. Read More »
The TABC and Texas Cities
The Texas Alcoholic Beverage Code (TABC) sets forth the legal framework for alcohol regulation in the state, including licensing, enforcement, and taxation. Texas Alcoholic Beverage Code §§1.01 et seq. In general, Texas municipalities must look to the legislature for a grant of authority to regulate businesses selling alcohol. Courts have interpreted such provisions to… Read More »
Fraudulent Filings
Following the Randle Law Office blog last week on ministerial acts, county clerks, district court clerks, and municipal court clerks normally must accept all court filings as a responsibility of their position. Accepting filings normally is not discretionary, however, municipal court administrators or clerks accepting filings are enabled by State law to analyze and… Read More »