Author Archives: Brandon Morris
Covid-19 Vaccine Mandates
In November of 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule which was effectively a nation-wide COVID-19 vaccine mandate for healthcare workers. The mandate is applicable to the vast majority of Medicare and Medicaid certified providers and their employees. This interim final rule was immediately challenged by a… Read More »
Unsworn Declarations in Texas
There are many instances under the law where an individual is required to swear to the accuracy of a statement or document. The iteration of this which most people are familiar with is the oath a witness takes in court before testifying. In court rooms in movies and tv shows, you frequently hear something… Read More »
Disclosures and Annexation
Annexation laws in Texas have been an ever-evolving landscape over the past few years, and the 2021 legislative session has provided additional changes once again. Effective September 1, 2021, cities must provide a number of written disclosures to property owners prior to entering into an annexation agreement. Following the legislative overhaul of Texas annexation… Read More »
City Contracts and State Statutes
In a previous blog post, this firm addressed some instances of first amendment issues implicated by state laws. Particularly of note, was a state statute which prevented Cities from contracting with companies who take a particular political stance. As a brief recap, in 2017, the Texas legislature passed H.B. 89 which provided that a… Read More »
Texas Bans Camping in Public Places
In recent years, many cities across the country have seen a surge in homeless populations. It is not uncommon to see a tent-city within a city, as many displaced individuals have taken to camping in public places. In large cities across the U.S., small encampments can be seen along public rights of way, under… Read More »
Vaccine Passports? Not in Texas
As we cross the one-year anniversary of the COVID-19 stay at home orders and economic shut down, things are slowly returning to normal, or at the very least some sort of new normal. As of the time of this article, approximately half of U.S. adults have received at least the first dose of the… 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 »
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 »
With Early Voting Underway, Pandemic Brings Heightened Scrutiny of Texas Election Code
The fundamental basis of any democracy is the right of the people to vote. The COVID-19 pandemic has had an impact on nearly every aspect of our day-to-day lives, and this year’s elections are no exception. In the past six months, we’ve seen orders issued by Governor Abbott allowing Texas cities to move their… Read More »
Texas Cities Remain Limited by Governor’s Order Over Pandemic Restrictions
We continue to live in confusing and unprecedented times amid the global COVID-19 pandemic. Over the past six months, we’ve seen a number of emergency orders and disaster declarations at both the local and state level, which are aimed at keeping Texans safe and helping to slow the spread of the coronavirus. As discussed… Read More »