Category Archives: Local Governmental Entities
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 »
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 »
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 »
A City Attorney’s Guide To Cancelling A General Municipal Election In Texas
Typically, general municipal elections in Texas are routine matters, however; every now and then, issues arise that require a City Attorney to dig deep into the Texas Election Code. One such statute deals with the cancellation of a general municipal election because there are unopposed candidates. So, what should your City do if the… Read More »
Texas Drone Law Fight in Federal Court Continues
This week amidst news regarding the horrible toll Covid-19 is taking on our country, the continuing political saga regarding the presidential election, and post-Thanksgiving weight gain (on top of the Covid weight gain) a federal judge in Austin, Texas signed an order denying the State’s request to dismiss the suit regarding the constitutionality of… 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 »
No Indemnification By Texas Municipalities
Municipalities in Texas regularly find themselves negotiating one agreement or another with a variety of vendors for a variety of services. Each agreement is different as it is tailored to meet the needs of that specific service, but there are certain provisions that will be present in every agreement a municipality enters into. One… Read More »