Category Archives: Local Governmental Entities
Texas Texting While Driving Ban Raises Questions for Enforcement
On September 1, 2017, the Texas legislature passed a law banning the practice of “texting while driving” across the state. According to the Texas Department of Transportation, approximately twenty percent of car crashes in Texas is caused by “distracted driving,” which resulted in some 450 deaths and more than 3,000 serious injuries in 2016… Read More »
Dog Ordinances: Texas Cities Putting a Paw Down Against Vicious Pets
Many, if not all, Texas cities have at least some regulations when it comes to dogs and other pets. The extent of pet-related ordinances varies from city to city. As discussed in previous Randle Law Office blogs, some cities have ordinances in place to control dogs who won’t stop barking. Others have ordinances in… Read More »
City Hall, Contracts (Or Lack Thereof) and Sovereign Immunity: No Back Pay for Being On Call
A recent Texas Supreme Court case determined municipal employees are not entitled to wages for being “on call.” The city employees in Denton, Texas, had no contract that enabled such pay and there was no provision for it in the employee policies, but the city manager altered the employee policies and included pay for… Read More »
Texas Gun Laws Contain Some Curious Loopholes (No Pun Intended)
The law in Texas governing firearms is an intricate web of who, what, when, where, why, and how. For example, different laws apply to a person who is licensed to carry a handgun and a person who is not, to handguns and long guns, to times when certain events are occurring and when they… Read More »
Sanctuary Cities or Freedom Cities?: Either Way, Texas Is Enforcing SB4
It has been nearly two years since Governor Greg Abbott signed Senate Bill 4 into law on May 7, 2017, attempting to ban so-called “sanctuary cities” in the state of Texas. The bill made public colleges, sheriffs, constables, police chiefs, and other city officials subject to Class A misdemeanor charges and civil penalties for… Read More »
Secret Deliberations? Texas Open Meetings Act Deemed Too Vague to Enforce
Earlier this week, the Texas Court of Criminal Appeals dealt a major blow to the Texas Open Meetings Act (TOMA) by ruling a portion of the Act, which had been around for more than two decades, was unconstitutionally vague. TOMA was essentially enacted to ensure public access to governmental meetings. A provision of TOMA… Read More »
Texas, Environmental Sanctuaries and Certified Local Government Grants
The topic of sanctuary cities or the use of that terminology has been discussed quite a bit in recent years. Sanctuaries, protected areas, nature reserves, are not limited to animals, plants and land. Historically, environmental protections are not topics at the top of the list of priority action items for Texas cities; but perhaps… Read More »
What the Frack? Texas Cities May Be Unaware Their Oil and Gas Ordinances Are Invalid
In 2015, the Texas Legislature passed legislation that drastically limited the ability of cities to make and enforce oil and gas regulations within their jurisdictions. The so-called “Denton Fracking Bill” arose after the City of Denton became the first town in Texas to ban hydraulic fracturing, or “fracking,” within its jurisdiction. Fracking is a… Read More »
Eminent Domain and Inverse Condemnation in Texas
I don’t mind admitting that the legal terms eminent domain and inverse condemnation cause me to pause to do the mental gymnastics required to understand them. The same pause that’s necessary when you need to figure out the tip at an expensive restaurant when the bill comes – you pause at seeing the cost,… Read More »
Requests, Disclosures and Exceptions for Body Cam and Dash Cam Videos
Body-worn cameras, or “body cams” as they are known colloquially, are becoming more and more prevalent among police departments, perhaps due in part to the several high-profile officer-involved shootings our nation has seen reported in the media in recent years. While they are not yet as ubiquitous as in-car video cameras, known as “dash… Read More »