Texas Government Law Blog
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Sign At Your Own Risk: Are liability releases actually enforceable?
You’ve probably signed more than a few liability releases in your lifetime—and you probably didn’t think twice about it (or even read all the way through before signing). But a liability release, or the lack thereof, quickly becomes important when someone is injured....
Courts to Decide Whether Governor has Unlimited Power in a Disaster
Since the pandemic began, at least 28 lawsuits have been filed challenging the constitutionality of Governor Abbott’s coronavirus-related executive orders and proclamations. Most of these challenges have failed procedurally—for mootness, lack of standing, or lack of...
Texas Legislature endorses Governor’s unilateral and unchecked use of emergency powers
Before the Texas Legislature convened for its regular session in January 2021, both Republicans and Democrats expressed interest in reforming the governor’s unilateral authority under the Texas Disaster Act. But they didn’t, with one minor exception. Ultimately,...
How Texas Agencies Hide Evidence Required to Protest Contract Awards
Generally, the most important evidence for protesting a government contract award is (i) the bids submitted by other vendors and (ii) the governmental body’s evaluations of those bids. To obtain that evidence, you should submit a public information request to the...
Can I form a nonprofit for the sole purpose of filing a lawsuit?
Do you think you have a winning case, but you can’t fund a lawsuit alone? Maybe you’ve considered forming a nonprofit with like-minded people to raise funds for attorneys’ fees? Nonprofits can and do file lawsuits on behalf of their members. But to do so successfully,...
Does the Opinion of the Texas Attorney General even matter?
Opinions are the Attorney General’s interpretation of existing law. Governmental bodies may follow an AG opinion’s advice and courts give AG opinions “great weight,” but AG opinions don’t have the force of law and are not controlling on the courts. They can be...
Getting Your Message Across: Municipal Regulation of Signs
The authority to regulate signs in Texas lies with the Texas Department of Transportation (TxDOT) and municipal governments, depending on where the sign is located. Cities can regulate signs within their corporate limits and extraterritorial jurisdiction but cannot...
Regulation without Representation: Living in a city’s “extraterritorial jurisdiction”
If you live or work in an area near the city limits, you might have heard of a concept called “extraterritorial jurisdiction.” Texas cities have authority to regulate certain activities in their extraterritorial jurisdiction (“ETJ”), which is the unincorporated area...
Are you ready to “Leave Meeting”? Governor Abbott says in-person open meetings are back (for now)
Governor Abbott temporarily suspended some requirements of the Texas Open Meetings Act due to the COVID-19 pandemic. But those suspensions end on September 1, 2021, and all governmental bodies must return to complying with the statute as written. That means the end of...
How to become a brewer—without owning a brewery
Thinking about turning your beer brewing hobby into a business? Taking the plunge can cost hundreds of thousands of dollars—you’ll need space, equipment, and raw materials, not to mention license and permit fees, insurance, labor, and marketing costs. If you want to...
Can I be charged a fee for records requested under the Texas Public Information Act?
Governmental bodies in Texas are required to produce public information upon request—but they don’t have to do it for free. Charges for the production of public information must be calculated according to rules established by the attorney general. If you think you’re...
How do I start a distillery in Texas?
Craft distilling is a heavily regulated—but booming—industry. Obtaining a Distiller’s or Rectifier’s Permit from the Texas Alcoholic Beverage Commission will allow you to manufacture distilled spirits in Texas. You’ll also need to comply with Texas law regarding...