Author Archives: Byron L. Brown
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Public Information: Establishing Proper Identification
Governmental bodies subject to the Texas Public Information Act are not able to inquire into the purpose for which the requested information will be used. In fact, a single statute governs all of the inquiries that a governmental body may make of a requestor, the heading for which is aptly named “Permissible Inquiry by… Read More »
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Expirations, Terminations, and Renewals, oh my!
Contracts come in all shapes and sizes. Sure, there are legal elements that are needed to make a contract, such as an offer, an acceptance, and consideration, but there are two elements that are practically inherent in any contract—its start date and its end date. Start dates are relatively simple because most contracts just… Read More »
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Shootout Over the Commerce Clause Begins with Suppressors
The 87th Texas Legislature was perhaps the most favorable legislature to gun rights in Texas history. In previous blogs, our office has discussed the passage of “permitless carry,” also known as “constitutional carry,” and legislation prohibiting certain governmental contracts with companies that discriminate against firearm and ammunition industries, all of which came out of… Read More »
Constitutional Rights of Public Employees: Moonlighting on Onlyfans Edition
News broke last week about a female deputy sheriff in Colorado who separated from employment—reportedly with a $30,000 severance package—after her colleagues discovered that she had a webpage on a social media platform known as “only fans” where she posted nude and sexually explicit photos and videos of herself. I say “separated from employment”… Read More »
Ferae Naturae: What Can I Do about Wild Animals on My Land?
As confirmed by the 2020 U.S. Census, many areas in the State of Texas are rapidly growing in population. Due to this growth, a significant amount of development is occurring on property that has previously been vacant—except for wildlife. Unfortunately, this sometimes causes interaction between the residents of newer subdivisions and wild animals, some… Read More »
Texas Legislature Flips from Opt-in to Opt-Out Confidentiality for Certain Public Officials
Certain recent events occurring across the national, state, and local political landscapes—including the COVID-19 pandemic and related mask and vaccine mandates, election integrity, bail bond reform, and critical race theory, just to name a few—have increased the incidents of doxing public officials and subsequent protests or demonstrations being held at their private properties. For… Read More »
Contract Zoning and When It’s Okay
Texas is a very property rights conscious state. For example, we have some of the most robust homestead protections in the nation, contracts involving interests in real property are subject to the statute of frauds, and even the simplified provisions for probating a “small estate” in Texas can apply to real estate having substantial… Read More »
Delayed Census Causes Texas Legislature to Go Back to the Future
The Texas Constitution prohibits the Legislature from passing any local or special law regulating the affairs of counties, cities, towns, wards, or school districts. Necessity being the mother of invention, when the Legislature desires to regulate, in effect, a specific county, city, town, ward, or school district, it passes a general law with bracketed… Read More »
Constitutional Carry Comes to Texas
Independence Day weekend seems like a fitting time to write about a new freedom to be enjoyed by Texans—constitutional carry. The Firearm Carry Act of 2021 becomes effective on September 1, 2021, authorizing most individuals over the age of 21 to carry a handgun without a license. So-called “constitutional” or “permitless” carry may seem… Read More »
The Law of the Loo
I don’t think about public restrooms much, and I think about the legalities of them even less. However, there have been three specific instances in my life when I have had a reason to assess where the law and the loo intersect. The first was back in my days working retail. I regularly found… Read More »