Category Archives: Local Governmental Entities
Constitutionality of Legislative Prayer for Local Governments
City councils and other local governments that include an opening prayer in their business meetings find themselves straddling parallel lines of religious freedom and religious tolerance. After all, one man’s prayerful welcome could be taken by another man as exclusion or even a violation of the Establishment Clause. As we have written before, there… Read More »
For Texas Voting By Mail, Debate over Definition of Disabled Appears Headed to U.S. Supreme Court
In Texas, eligible voters can participate in an election by mail, frequently referred to as absentee ballots, if they are going to be out of their home county during early voting and on election day, if they’re in jail but eligible to vote, if they’re 65 years or older, or if they are disabled…. Read More »
Elections Ahead: How Will Texas Governments Hold Certain Elections in 2020?
Since the arrival of Covid-19 in the state of Texas, local governments have repeatedly found themselves in uncharted waters. One particularly hot topic for local governments right now has been the subject of general and special elections. Due to the need to social distance, the Governor’s office allowed local governments with an election date… Read More »
Covid-19’s New Normal: What’s Next & The Future For Local Government?
In Texas, many of us are headed back to work in offices that have been empty. What is next? What does the future hold? Can you envision a post-pandemic existence? In Texas it appears social distancing has worked, but it is impossible to know since our testing levels are reportedly low. You can check… Read More »
Cancelled: Scratching a Public Notice under the Texas Open Meetings Act
The Texas Open Meetings Act, Chapter 551 of the Texas Government Code, sets out the minimum requirements for providing public notice of a meeting of a governmental body and prohibits a governmental body from meeting unless the meeting has been properly noticed. The Act is replete with highly technical requirements for not only providing… 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 »
A Handy List of Texas Open Meetings Act Suspensions, Illustrated
On March 16, 2020, the Governor of the State of Texas temporarily suspend a limited number of open meeting laws in response to the Coronavirus (COVID-19) disaster declared by the Governor on March 13, 2020. The suspensions are in effect until terminated by the Office of the Governor, or until the March 13, 2020… Read More »
COVID-19 Emergency Orders (UPDATED)
(Updated with Liberty County order) The pandemic of COVID-19, the disease caused by the novel coronavirus, has spurred the adoption of stay-at-home or stay-safe orders by local jurisdictions in the Houston region. We are linking to these documents here: Liberty County as well has issued an executive order with Stay Safe Emergency Measures, effective… 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 »
Texas Open Meetings Act – Videoconferencing/Teleconferencing
Please note that due to the COVID-19 pandemic emergency, the state of Texas has relaxed requirements for local governments under the Texas Open Meetings Act. The Texas Municipal League has created a guide for local governments when opting to use videoconferencing or teleconferencing to hold public meetings. “Even as the State of Texas takes… Read More »