Category Archives: Local Governmental Entities
Dark Sky Ordinances Keeping the Stars Bright in Texas
The classic musical tribute to the Lone Star state, “Deep in the Heart of Texas,” boasts of how “the stars at night are big and bright,” an attribute many municipalities would like to maintain in the sky above. In an era of state preemption of city laws in Texas, my recent blog concerning city… Read More »
Free Speech, Public Forums and Government Social Media Accounts
The internet has made communication much easier and infinitely further reaching. With a few strokes of the keyboard, anyone with internet access can express their thoughts or opinions to thousands or even millions of individuals. Many government officials have opted to use popular social media platforms for this very purpose. Probably the most well-known… Read More »
Enforcing Building Codes in a City’s ETJ in Texas
Cities routinely collect permit fees as they go about enforcing their building codes, but what is a city in Texas to do about development in its extraterritorial jurisdiction (ETJ)? According to a recent appellate court decision, a city cannot pursue code enforcement in its ETJ. However, (1) that case may be appealed to the… Read More »
Plastic Bags and Local Control: Laredo Ordinance Case Pitches State vs. Cities
A gradual and steady decline of local control by municipalities in Texas began in the last five years and this erosion continues. Our firm has written several blogs on this topic. I continually discover new areas of preemption by State law, such as fracking, oil and gas development, driving and texting, all of which… Read More »
Public Information Requests in Texas – That Information’s Gonna Cost You
The Texas Public Information Act governs the public’s access to information held by governmental bodies in Texas. It also governs the cost of obtaining such information. Specifically, the Act states that “[t]he charge for providing a copy of public information shall be an amount that reasonably includes all costs related to reproducing the public… Read More »
Making Sure Government Buildings Are ADA Compliant
The essence of Americans with Disabilities Act (ADA) compliance is removing barriers to accessibility that amount to discrimination. Essentially, state and local government facilities must follow Title II of the 2010 ADA Standards for Accessible Design to be in full compliance. The standards for removing barriers to accessibility include four different priorities to be addressed, from most… Read More »
Make It Count, Texas: Participate in the U.S. Census
With the 2020 Census looming, the Census Bureau is currently working to make the process more efficient, but it’s important that Texans do their part. Here’s how the census works; the Census Bureau mails out forms to each household which are to be filled out and returned. Citizens can also opt to respond to… Read More »
On the Eve of the First Hurricane Season Since Harvey, Is Houston Ready?
The 2018 hurricane season officially starts in a month. Houston residents, municipalities, and politicians don’t seem to have noticed. Eight months post-Hurricane Harvey and little, if any, progress has been achieved regarding long-term plans (or short-term plans) for the way Houston development should occur to avoid flooding of homes and businesses. The terms 100-year… Read More »
Make Your Vote Count in the May 5 Texas Election
Well, it’s election season again in Texas. Two uniform election dates occur each year in the Lone Star State: (1) the first Saturday in May, and (2) the first Tuesday after the first Monday in November. That makes next Saturday, May 5, 2018, the big day for candidates running for public office all across… Read More »
How Are Gaming Rooms Regulated in Texas?
Gambling is generally prohibited in Texas but there are many exceptions to the general rule. Game rooms are generally authorized so long as they do not have illegal gambling devices. Specifically, so-called “eight-liner” machines are illegal gambling devices, unless the prizes awarded are non-cash items that are worth no more than 10 times the… Read More »