Category Archives: Local Governmental Entities
Public Information: Establishing Proper Identification
Governmental bodies subject to the Texas Public Information Act are not able to inquire into the purpose for which the requested information will be used. In fact, a single statute governs all of the inquiries that a governmental body may make of a requestor, the heading for which is aptly named “Permissible Inquiry by… Read More »
Charter Amendments
In a previous blog post, we discussed the process by which cities can adopt an initial city Charter. But what happens after adoption? Are cities stuck with the same Charter provisions forever? Changed circumstances due to population growth, the needs of the citizens, or even just the passage of time can necessitate the need… Read More »
Sovereign Citizens
Municipal courts across Texas in cities of all sizes have encountered individuals that claim to be “sovereign citizens”. Often encountered in municipal court but their numbers are rising so they may also be employees, residents or municipal utility customers. It is likely that all municipal prosecutors, municipal court administrators and judges have encountered individuals… Read More »
Catalytic Converter Crimes
This week, the City of Houston passed an ordinance requiring anyone in possession of a cut catalytic converter to show proof of ownership or face misdemeanor criminal charges. Like many Texas cities, Houston has seen the rise of catalytic converter thefts, with 3,188 thefts reported within just the first three months of 2022, a… Read More »
Contemplating Contempt
You are in contempt! Television courtroom dramas and national politics bring this to our attention very often. But how often does a court hold a party in contempt? Not very often. The process to hold a party in contempt is procedurally, shall we say, robust. It is used by the courts to restore order… Read More »
Expirations, Terminations, and Renewals, oh my!
Contracts come in all shapes and sizes. Sure, there are legal elements that are needed to make a contract, such as an offer, an acceptance, and consideration, but there are two elements that are practically inherent in any contract—its start date and its end date. Start dates are relatively simple because most contracts just… Read More »
Paw-licy Update on Unlawful Restraint of a Dog
Previously, I wrote about requiring the registration of pets within city limits; today I bring you another animal policy update about one of America’s favorite pets, dogs. While many people treat their pets like family, there are those that neglect their dogs to the point of animal cruelty. Too often, we see photos circulating… Read More »
Texas Water Primer
Texas has the second largest state economy and the ninth largest in the world. The Texas economy and the 29.5 million Texas residents are entirely dependent upon access to adequate water. According to the Texas Comptroller, the State Water Plan prepared by the Texas Water Development Board anticipates that municipal water need (amount by… Read More »
Attorney-Client Privilege Beware
Clients, beware, not every communication with your attorney is protected from disclosure. Municipal officers often see requests, made under the Texas Public Information Act, and demands, through subpoenas and the discovery process, for attorney-client communications and correspondences made between municipal officials and their respective City Attorneys. The attorney-client privilege encourages free discussion between a… Read More »
Shootout Over the Commerce Clause Begins with Suppressors
The 87th Texas Legislature was perhaps the most favorable legislature to gun rights in Texas history. In previous blogs, our office has discussed the passage of “permitless carry,” also known as “constitutional carry,” and legislation prohibiting certain governmental contracts with companies that discriminate against firearm and ammunition industries, all of which came out of… Read More »