Category Archives: Local Governmental Entities
Resign to Run? If a City Official in Texas Runs for Another Office, Is Resignation Required?
It seems a day does not pass without speculation or news about elected officials announcing retirement and/or facing challenges for office, on the national level and here in Texas. What happens if a city official announces his or her intent to seek another office? Must they step down from their current position? Generally speaking,… Read More »
Net Neutrality and Economic Development: Why Cities are Getting into the Wi-Fi Business
One of the Christmas presents I received is a Ring doorbell. It is a nifty little device that comprises a doorbell, camera and speaker. In an older house like mine, the doorbell does not always work, so to have a Ring doorbell that is Wi-Fi connected letting us know someone is at the door… Read More »
Setting Up a Municipal Zoning Review Board in Texas
In the state of Texas, municipal zoning authority is governed by Chapter 211 of the Texas Local Government Code. Section 211.003 specifically authorizes cities to regulate “the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes.” Section 211.008 authorizes, but does not require, cities to appoint a… Read More »
Why Are States Fighting with Their Cities?
This past week, I just finished fighting off a surprise attack in the form of a lawsuit that included an emergency hearing on an application for a temporary restraining order, possible appeal to the court of appeals with an emergency motion to stay the TRO if it was granted. It wasn’t granted. I thought… Read More »
White Paper: Texas Rules for City Annexation
The 85th Texas Legislature changed the rules of the road for cities in Texas seeking to annex surrounding areas, putting limits on the practice. We initially discussed this in a recent blog on annexation and here have expanded on the topic in a white paper you can read here.
Municipal Regulation of Group Homes in Texas
What is the current state of the law on municipal regulation of group homes in Texas? More specifically, which ordinances regulating group homes in a residential area have been upheld as enforceable? And, perhaps as important a question: which ones have not been upheld or called into question? The short answer is: If the… Read More »
Southeast Texas Astros? What Happens When Texas Hampers Local Control?
Who wants to write a legal blog while basking in the glow of the Houston Astros winning the World Series in Game 7 or when the biggest-ever parade in the City of Houston’s history is happening? Go ‘Stros! This win has made Houston Strong, stronger. But as I watched most of the government leaders… Read More »
Is Texas Empowering Texas Cities?
If you have been reading our firm blogs recently or just watching the local news here in our part of Texas, you know our state elected officials met this summer in the 85th Legislative session to write more laws; and write they did. At last unofficial count by me, there are 213 new laws… Read More »
Freedom of Speech and City Regulation: Signs of the Times
With all the discussion surrounding the “take a knee” protests at the NFL recently, there have been a lot of references to the First Amendment right to freedom of speech. However, the First Amendment is not implicated by these protests; and, in my experience, people are quick to proclaim First Amendment protection in many… Read More »
Trail of Tiers: the New Texas Annexation Rules
From 1836 to 1850, the U. S. Government’s policy was to force the various American Indian Civilized Tribes to relocate, on foot, to lands west of the Mississippi River. Most ended up in Indian Territory now known as Oklahoma. The journey was so arduous that over 10,000 Indians died on the way. The trek… Read More »