Author Archives: Scott Francis
When is an Advisory Committee Subject to the Texas Open Meetings Act?
Under the Texas Open Meetings Act – except in certain scenarios dictated by the Act – Texas cities are required to hold every regular, special, or called meeting of the governmental body open to the public. The Act defines a governmental body to include any deliberative body that has rulemaking or quasi-judicial power and… Read More »
In Political Advertising, Time (and Slogans) Equal Money
Under the Texas Elections Code, an officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising. Tex. Elec. Code § 255.003. Political advertising is defined as “a communication supporting or opposing a candidate for nomination or election to a public office or office… Read More »
HB 1817 Places Onus on Cities to Escape Potentially Voidable Contracts
In 2015, the Texas Legislature adopted House Bill 1295 – an ethics law requiring a written disclosure of interested parties by business entities that enter certain contracts with governmental entities, including municipalities. Now, before entering into a contract with a Texas municipality that requires an action or vote by the city council before the… Read More »
Hey, You Can’t Use That Logo! It Belongs to the City . . . right?
As more and more businesses flock to the Lone Star State, cities in Texas are increasingly embracing municipal branding initiatives to promote what their communities have to offer and distinguish themselves from increased competition for business investment and tourism dollars. Just as with commercial businesses, the most effective approach for municipalities to build and… Read More »
How an Unincorporated Community Can Become a City in Texas
Texas has more than 1,200 incorporated cities – or municipalities. Such municipalities range in size from Houston (with more than 2.3 million residents) to over 400 towns with populations of fewer than 1,000. However, Texas also has more than double that number of unincorporated communities. So, what is the difference between an unincorporated community and an… Read More »
The TABC and Texas Cities
The Texas Alcoholic Beverage Code (TABC) sets forth the legal framework for alcohol regulation in the state, including licensing, enforcement, and taxation. Texas Alcoholic Beverage Code §§1.01 et seq. In general, Texas municipalities must look to the legislature for a grant of authority to regulate businesses selling alcohol. Courts have interpreted such provisions to… Read More »
Government Speech: When does a city’s speech cross the line into unlawful censorship?
When it comes to exercising control over city-sponsored programs, Texas municipalities are often confronted with difficult First Amendment issues. For example, can a city’s Facebook page erase public comments or unfavorable hyperlinks on the basis that such items undermine the city’s message? Or can a city prohibit certain religious organizations from entering a float… Read More »
Texas Cities Pay for the State Legislature’s Political Statement
In recent years, lawmakers in Texas have been sending a clear message to the financial industry: banks that take contrary political stances need not apply. Since 2017, the Texas legislature has passed 3 separate laws prohibiting municipalities and state agencies from contracting with banks and investment firms that have enacted ESG guidelines. The term… Read More »