Author Archives: Brandon Morris
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 »
Annexation and Right-of-Way
The annexation process in Texas is an ever-evolving landscape. It seems as though every year or two the process undergoes significant changes as the legislature continues to fine tune state law on the subject. Legislative changes in 2019 created a perplexing situation in a fairly common scenario. The issue arose when a city was… Read More »
Covid-19 Vaccine Mandates
In November of 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule which was effectively a nation-wide COVID-19 vaccine mandate for healthcare workers. The mandate is applicable to the vast majority of Medicare and Medicaid certified providers and their employees. This interim final rule was immediately challenged by a… Read More »
Unsworn Declarations in Texas
There are many instances under the law where an individual is required to swear to the accuracy of a statement or document. The iteration of this which most people are familiar with is the oath a witness takes in court before testifying. In court rooms in movies and tv shows, you frequently hear something… Read More »
Disclosures and Annexation
Annexation laws in Texas have been an ever-evolving landscape over the past few years, and the 2021 legislative session has provided additional changes once again. Effective September 1, 2021, cities must provide a number of written disclosures to property owners prior to entering into an annexation agreement. Following the legislative overhaul of Texas annexation… Read More »
City Contracts and State Statutes
In a previous blog post, this firm addressed some instances of first amendment issues implicated by state laws. Particularly of note, was a state statute which prevented Cities from contracting with companies who take a particular political stance. As a brief recap, in 2017, the Texas legislature passed H.B. 89 which provided that a… Read More »
Texas Bans Camping in Public Places
In recent years, many cities across the country have seen a surge in homeless populations. It is not uncommon to see a tent-city within a city, as many displaced individuals have taken to camping in public places. In large cities across the U.S., small encampments can be seen along public rights of way, under… Read More »
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 »
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 »
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 »