Yearly Archives: 2019
Sanctuary Cities or Freedom Cities?: Either Way, Texas Is Enforcing SB4
It has been nearly two years since Governor Greg Abbott signed Senate Bill 4 into law on May 7, 2017, attempting to ban so-called “sanctuary cities” in the state of Texas. The bill made public colleges, sheriffs, constables, police chiefs, and other city officials subject to Class A misdemeanor charges and civil penalties for… Read More »
Secret Deliberations? Texas Open Meetings Act Deemed Too Vague to Enforce
Earlier this week, the Texas Court of Criminal Appeals dealt a major blow to the Texas Open Meetings Act (TOMA) by ruling a portion of the Act, which had been around for more than two decades, was unconstitutionally vague. TOMA was essentially enacted to ensure public access to governmental meetings. A provision of TOMA… Read More »
Texas, Environmental Sanctuaries and Certified Local Government Grants
The topic of sanctuary cities or the use of that terminology has been discussed quite a bit in recent years. Sanctuaries, protected areas, nature reserves, are not limited to animals, plants and land. Historically, environmental protections are not topics at the top of the list of priority action items for Texas cities; but perhaps… Read More »
What’s in a Signature? Sign in the Dotted Line
Autograph, signature, imprimatur, John Hancock—they all mean essentially the same thing. We sign so many things as we go about our daily lives that it hardly seems like our signature even matters. Can you even remember the last thing that you signed? Was it a check? A credit card receipt? Maybe a Valentines Day… Read More »
It’s Not Just a Game: the Super Bowl is a Play for Economic Development
The New England Patriots are Super Bowl champs yet again after defeating the Los Angeles Rams. What some casual fans might not realize is that prior to the Super Bowl, New Orleans Saints fans threw one last Hail Mary pass aimed at replaying a portion of the NFC title game against the LA Rams…. Read More »
What the Frack? Texas Cities May Be Unaware Their Oil and Gas Ordinances Are Invalid
In 2015, the Texas Legislature passed legislation that drastically limited the ability of cities to make and enforce oil and gas regulations within their jurisdictions. The so-called “Denton Fracking Bill” arose after the City of Denton became the first town in Texas to ban hydraulic fracturing, or “fracking,” within its jurisdiction. Fracking is a… Read More »
Eminent Domain and Inverse Condemnation in Texas
I don’t mind admitting that the legal terms eminent domain and inverse condemnation cause me to pause to do the mental gymnastics required to understand them. The same pause that’s necessary when you need to figure out the tip at an expensive restaurant when the bill comes – you pause at seeing the cost,… Read More »
Requests, Disclosures and Exceptions for Body Cam and Dash Cam Videos
Body-worn cameras, or “body cams” as they are known colloquially, are becoming more and more prevalent among police departments, perhaps due in part to the several high-profile officer-involved shootings our nation has seen reported in the media in recent years. While they are not yet as ubiquitous as in-car video cameras, known as “dash… Read More »
Public Officials, Social Media and the First Amendment
Should a public official be permitted to block the social media accounts of people who disagree with an official’s stated policies or other running commentary by the official? Courts around the country are seeing cases percolate on this issue. Most recently, the U.S. Court of Appeals for the Fourth Circuit agreed with a lower… Read More »
On Texas Side of the Border, State Suing City over Handling of Suspected Human Smuggling Case
It’s no secret that immigration issues have been at the forefront of American politics over the past few years. In fact, just last night President Trump gave a nationally televised speech asserting a need for a border wall. Immigration has become a hot button issue not only at the national level, but in many… Read More »