Author Archives: Drew Shirley
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 »
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 »
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 »
Citizens of Home Rule Cities in Texas Possess the Power to Push for Changes
Residents of home rule cities in Texas are afforded some ability, under certain circumstances, to force their city government to act on measures the government might not have undertaken on its own. This form of self-determination is not available in other Lone Star state locales and manifests itself in four particular democratic procedures applicable… Read More »
City Confidential: What Exemptions to Texas’s Public Information Act Allow a City to Protect a Private Company’s Confidential Information?
Cities in Texas and elsewhere conduct business with private entities, such as real estate developers, and in some circumstances, may be asked to keep certain details out of the public’s eye. Here, we examine to what extent that is allowed in the Lone Star State. The Texas Public Information Act (“TPIA”) allows a city… Read More »
Cities and the First Amendment, or How To Avoid Violating Your Citizens’ Free Speech Rights
Any time any government agency limits the rights of citizens to speak, assemble or practice their religion, those limitations could trigger constitutional issues and those issues could become a real legal headache for that government under the First Amendment. City officials may not even realize that they are creating free speech questions as they… Read More »
Texas Tax Code Caps Homestead Exemptions at 20% of Property Value
Texas residents might enjoy a homestead tax break of up to 20% of the appraised value of their home, depending on what amount is provided for by their local property tax authority. But what if a city wanted to give homeowners a bigger break? Would that require a change to Texas statute or the… Read More »
Texas Law Supports Women’s Right to Breastfeed in Public
Recently, the United States surprised many by opposing a World Health Assembly resolution to promote breastfeeding as preferable to baby formula substitutes. A U.S. Department of Health and Human Services spokesman told the New York Times earlier this month that the position was taken to be considerate of women who are unable to breastfeed…. 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 »
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 »