Yearly Archives: 2021
Vaccine Passports? Not in Texas
As we cross the one-year anniversary of the COVID-19 stay at home orders and economic shut down, things are slowly returning to normal, or at the very least some sort of new normal. As of the time of this article, approximately half of U.S. adults have received at least the first dose of the… Read More »
A Rumor ‘Bout Procurement
While probably not worthy of a ZZ Top song, a rumor has been spreadin’ a- ‘round that in a Texas town ‘bout . . . how a municipality can avoid the procurement requirements of Section 252.021, Chapter 252, of the Local Government Code when purchasing and contracting for, more often, services paid from revenues… Read More »
From Texas to Mars- How a Little South Texas Village Has Become the Epicenter for the Colonization of the Red Planet
“Mars Colony 1 to Starbase, over”….“Copy Mars Colony 1, this is Starbase, go ahead” – These are phrases we have only dreamed about through our favorite Sci-Fi movies and books, but what if the reality of a colony on Mars was closer than any of us realize? Better yet…what if the staging point for… Read More »
Does a Special Right of Access to Public Information Mean Access at No Cost?
In a previous article, I wrote about the costs that may be charged to a requestor for responding to a request for public information. To recap, a requestor generally must pay the cost of personnel time and materials needed to respond to their request for public information, but may not be charged for costs… Read More »
Procurement in the Age of Disaster
While hoping for the best, we should always expect and prepare for the worst. Many governmental entities have experienced emergency management personnel and dedicated procedures in place to react to a disaster. However, these same governmental entities sometimes lack the proactive administrative measures that can be utilized to ensure proper procurement – and more… Read More »
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 »
Updating Those Outdated Deed Restrictions
As my previous blog pointed out, deed restrictions in the Houston region can be a form of constant frustration. Whether you are a property owners association, a municipality, an investor, or a homeowner, you have undoubtedly experienced the frustration of outdated deed restrictions. So, what do you do if faced with deed restrictions that… Read More »
The Law of Finding Treasure in Texas
Congratulations to the Tampa Bay Buccaneers, Super Bowl LV champions. Between the Buccaneers and their opponents, the Kansas City Chiefs, I would have thought that only the latter had a controversial team name, but according to the Washington Post, “there is danger in romanticizing ruthless cutthroats.” Nevertheless, the Bucs victory coincided for me, personally,… 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 »