Category Archives: Local Governmental Entities
The Texas Death Star Bill
Texas HB 2127: depending on whom you ask, it’s known as either the Regulatory Consistency Act, or the Texas Death Star Bill. Proponents would argue that it makes regulations more uniform across the state and benefits small businesses. Those who oppose the bill would say that it decimates local control by cities and counties… Read More »
When the Law Disagrees With Itself
With the 88th Legislative Session quickly coming to a close later this month, all eyes are on those proposed bills that would alter the municipal landscape. But, with legislative changes also come legislative amendments, and those amendments may sometimes significantly clash with long-standing law that – itself – wasn’t altered. For example, under the… Read More »
How To Serve Well On City Council
You decided to throw your hat into the ring. You campaigned tirelessly with posters, telephone calls and door-to-door visits. You’ve been elected to serve on the city council. Congratulations! You will take your oath of office soon. What now? Being an excellent city council member requires a combination of skills, knowledge, and personal qualities…. 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 »
Fraudulent Filings
Following the Randle Law Office blog last week on ministerial acts, county clerks, district court clerks, and municipal court clerks normally must accept all court filings as a responsibility of their position. Accepting filings normally is not discretionary, however, municipal court administrators or clerks accepting filings are enabled by State law to analyze and… Read More »
Ministerial Acts
Serving as an elected official is not an easy job. Mayors and council members across Texas are tasked with making tough decisions that impact the lives of their citizens and the wellbeing of their communities. Citizens rely on their local representatives to use their judgment in serving the best interests of the community. There… Read More »
Selling Park Land
Recently, a decades long dispute was settled when one of the parties agreed to swap park land for a new location so that a development could progress. Can a political subdivision of the state just write and execute a deed to transfer title? Is the land really a park? It’s complicated, especially if a… Read More »
Foreign Trade Zones (FTZs)
Foreign Trade Zones (or, “FTZs”) are licensed domestic “trade-free” sites (or “zones”) recognized as being outside the nation’s customs territory. Within the bounds of an FTZ, goods can be uploaded, manufactured, reassembled, and re-exported without being subject to U.S. customs duties, tariffs, and taxes or state and local inventory taxes. Combining domestic operations with… Read More »
The Texas Municipal League Intergovernmental Risk Pool
The Texas Municipal League Intergovernmental Risk Pool (TMLIRP) is a non-profit insurance company that provides coverage to over 2,800 local government entities in Texas. TMLIRP was established in 1974 by the Texas Municipal League, which is an association of cities and towns in Texas. TMLIRP is governed by a board of trustees that is… 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 »