Author Archives: Scott Francis
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 »
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 »
Texas Cities Pay for the State Legislature’s Political Statement
In recent years, lawmakers in Texas have been sending a clear message to the financial industry: banks that take contrary political stances need not apply. Since 2017, the Texas legislature has passed 3 separate laws prohibiting municipalities and state agencies from contracting with banks and investment firms that have enacted ESG guidelines. The term… Read More »