Author Archives: Drew Shirley
Policing During Protests: How Cities Can Balance the First and Tenth Amendments
What happens when local police officers clear protestors from a traditional public forum, such as a city sidewalk? What if, in clearing the sidewalk, they also clear a journalist, protected by the First Amendment’s provision for freedom of the press? What if they arrest that journalist? In the battle of First Amendment protections versus… Read More »
Constitutionality of Emergency Orders – Just How Long Can It Go On?
These are unprecedented times in America, and federal, state, and local governments have taken unprecedented measures in response to the COVID-19 pandemic. But as the emergency orders have expanded in scope and duration, citizens have begun to protest in greater numbers that these restrictions are “unconstitutional.” Are they? The answer is a complicated one…. Read More »
Update: COVID-19 Response and Governmental Actions in Texas
The Coronavirus (COVID-19) has resulted in profound disruptions across America and the state of Texas. While the political and legal landscape is constantly and rapidly changing, as of Friday, March 20, 2020, these are the governmental actions that have most affected Texas cities and their governing bodies. On March 13, 2020, Texas Governor Greg… Read More »
Pitcher Lawsuit Against Astros Misses the Plate Over Venue, Claims
On February 10, 2020, former major league pitcher Mike Bolsinger filed a lawsuit against the Houston Astros, alleging that the Astros’ sign-stealing scheme in 2017 was responsible for “interfering with and harming his career.” Is Bolsinger’s lawsuit completely insane? Yes, yes it is, and not just because I’m a lifelong Astros fan. Let us… Read More »
Texas Cities Maintain Control Over All Streets within Their Boundaries
Lake Jackson may be the only Texas town to have named its streets This Way, That Way, Any Way, and His Way (which runs behind a church), but for all municipal streets in the Lone Star State, it’s either the city’s way or the highway. Texas Transportation Code Chapter 311 makes it abundantly clear… Read More »
Title Commitment in Texas Real Estate Transactions
The title commitment is a crucial document in most Texas real estate transactions, but many property buyers, especially residential home buyers, may not fully understand what it does or why it is so important. Title insurance is not required to close a real estate deal, but to make an analogy that many Texans will… Read More »
Vaping Lounge, Hookah Bar and Tobacco Sales Regulation by City Ordinance
Many Texas cities have ordinances on their books that regulate or even prohibit shops that sell tobacco and tobacco products. Recently, however, new types of shops have popped up, calling themselves “hookah bars” and “vape lounges.” They have become so popular that Governor Greg Abbott recently signed into law a bill that raises the… Read More »
State of Texas Calls on Cities to Strengthen Cybersecurity, Enhance Government Transparency
If there were any doubt that we were firmly entrenched in the information age, consider that just 30 years ago, in 1989, the word cybersecurity did not even exist. This year, the Texas Legislature has passed a law mandating that all city officials and employees take cybersecurity training to be aware and able to… Read More »
How a Municipal Utility District (MUD) Facilitates Real Estate Development in Texas
Many Texans who live in the areas surrounding big cities may pay their water bills to a municipal utility district, or “MUD,” without really understanding what they are and how they work. From a legal standpoint, a MUD is a little bit like a tiny government that manages the water and sewer services for… Read More »
Texas Real Estate Investors Should Consider A “Series LLC” For Asset and Liability Protection
The simplicity and flexibility of the limited liability company (“LLC”) has made it the business entity of choice for Texas real estate investors, but many experienced real estate pros still are not aware of the benefits of the “series LLC,” a relatively new and more advanced and efficient entity for real property investments. The… Read More »