Category Archives: Local Governmental Entities
A Guide to Home Rule Cities of Fort Bend County
Not all city governments in Texas are created alike, as there are two categories: general law cities and home rule cities. The latter have their own charters and the composition of those can vary from one home rule city to the other. For example, Fort Bend County has seven home rule cities, and as… Read More »
Free Speech in Texas Depends on Where You Stand, Literally
Have you watched the recent town hall meetings? Congressmen and senators getting yelled at by either paid protestors or angry constituents. Is this democracy? Do you have a right to address your leaders? Must you be civil or can you exercise a little Civil Disobedience à la Thoreau? Do you, like me, have a… Read More »
Vetting Exceptions to the Texas Public Information Act is No Simple Task
The Texas Public Information Act, which governs public access to information held by governmental bodies in Texas, begins with the following policy statement: Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is… Read More »
How May a Home Rule City Annex Land?
Everything is bigger in Texas, they say, and sometimes cities grow in size by annexation. Such an expansion is governed by sets of procedures under state law as well as city charter for home rule cities. A home rule city may manage its own affairs and looks to state law to see what it… Read More »
Love it… Hate it… An Attorney’s Perspective
As 2016 draws to a close, I’m reflecting on what I love and hate, respectively, about being an attorney. Let’s start with the good part of this story: what I love about being an attorney. As many of you know, I spend most of my time practicing municipal law. I am a City Attorney,… Read More »
Do Christmas Doggies Violate Deed Restrictions?
Christmas is just around the corner, and many families will be opting for that classic and borderline clichéd gift-that-keeps-on-giving: a dog. Not that there’s anything wrong with that; even my first family dog was a Christmas gift. So if you’re anticipating getting or giving a dog this year—or even if you already have a… Read More »
How Should a Texas Home Rule City Fill a Vacancy on City Council?
City attorneys are called upon to guide city councils are legal procedures and processes for host of municipal actions, including how to fill a vacancy on city council. In Texas, home rule cities look to their charters as well as Texas law for the proper steps. Various issues that could arise if the City… Read More »
How to Count a Majority for Voting
“How do we know its majority rule in your city?” asked an assistant attorney general reviewing a bond application for a city I represented. What? You mean are we a democracy? I asked. Yes, prove it, the AG said. How do you know white is white or one plus one equals two? How do you prove a… Read More »
How Should a Municipality in Texas Terminate an Easement?
The most important consideration for a city that desires to terminate an easement is to avoid retaining any interest in the land, which would create a “cloud” on the title of the real property. However, as an interest in real property, the easement cannot simply be “released” or “abandoned,” it must be conveyed or… Read More »
In Texas, Your Next Vote Could Be in a May Election
You may have noticed that there was an election held recently, and hopefully you voted. I personally know a few people who only vote at “the big election,” meaning the presidential election that comes around every four years, but I know even more people who endeavor to vote at every election they can, even… Read More »