Author Archives: Megan J. Mikutis
The Texas Jobs, Energy, Technology, and Innovation Act
The Texas Economic Development Act, or Chapter 313 of the Texas Tax Code was created by the Texas Legislature in 2001 to attract large-scale businesses and high-paying jobs. This was accomplished by providing an incentive program to capital-intensive businesses (e.g., manufacturers) which limited the appraised value of business property for the purposes of local… Read More »
When the Law Disagrees With Itself
With the 88th Legislative Session quickly coming to a close later this month, all eyes are on those proposed bills that would alter the municipal landscape. But, with legislative changes also come legislative amendments, and those amendments may sometimes significantly clash with long-standing law that – itself – wasn’t altered. For example, under the… Read More »
Foreign Trade Zones (FTZs)
Foreign Trade Zones (or, “FTZs”) are licensed domestic “trade-free” sites (or “zones”) recognized as being outside the nation’s customs territory. Within the bounds of an FTZ, goods can be uploaded, manufactured, reassembled, and re-exported without being subject to U.S. customs duties, tariffs, and taxes or state and local inventory taxes. Combining domestic operations with… Read More »
Local Bills in the Legislature
The 88th Legislature’s regular session began on January 10 and will continue to run through May 29, 2023. With the filing deadline of March 10 being less than 30 days away, as of today, 4,177 bills have already been introduced. The legislative process for local bills involves the consideration of draft legislation that affect… Read More »
Public Facility Corporations
Recently, the Houston Chronicle wrote a story about Public Facility Corporations (“PFCs”) a statutory organizational mechanism provided for in the Local Government Code which allows developers to purchase land in one local jurisdiction, remove it from that jurisdiction’s tax rolls through a statutory tax exemption, and partner with another local jurisdiction which then purchases… Read More »
The Texas Whistleblower Act
Do two wrongs make a right? Some government employees report what they suspect to be governmental wrongdoing to – for example – either the governing body of the entity or the local police department during or after what they believe to be adverse personnel action or wrongful termination. These governmental employees then claim to… Read More »
Show Me the Bacon: Davis-Bacon Wage Determination in Federally Funded Public Works Projects
With budgets falling into place and the beginning of the new fiscal year drawing near, grant season is officially around the corner. Federal projections have estimated approximately $1 trillion for aid to State, local, tribal, and territorial governments in 2023. With the annual review of public finances, along with the accompanying updates to local… 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 »
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 »
Construction Procurement Update
As of September 1, 2021, all construction contracts procured using a method other than competitive bidding must publish, in the solicitation, a detailed methodology for the scoring criteria used in evaluating submissions. Widely regarded as a best practice for all solicitations, the 87th Texas Legislature makes publishing such information a required procurement practice for… Read More »