Texas Government Law Blog
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Seceding from your City: Disannexation Procedures
The Municipal Annexation Act, enacted by the Texas Legislature in 1963, sets out the procedures for annexation (and disannexation) of territory by cities. Landowners who wish to be disannexed from their city have limited options for doing so, and the divorce is...
“Micromobility” companies can’t scoot by much longer without more laws and regulation
Every day, people who live and work in urban Texas areas use app-based electric scooters to get from one meeting to the next, grab lunch, or meet with friends after work. Others are less concerned about riding them as much as they are avoiding getting hit by them,...
Gun “discrimination” can cost you government contracts in Texas
If you refuse to do business with the gun industry, Texas won’t do business with you. In 2021, Texas enacted a bill to prohibit governmental entities from contracting with companies that discriminate against the firearm and ammunition industry. The prohibition applies...
Off Topic, Out of Bounds: How to handle non-agenda items during a public meeting
Members of the public (and members of the governmental body itself) sometimes raise an issue during a public meeting that was not included on the posted agenda for the meeting. When a non-agenda item is raised, the safest response is no response. If members of the...
Municipal Noise Ordinances: One Man’s Noise is Another Man’s Nuisance
From car stereos and barking dogs, to rowdy bars and music venues, noise pollution is all around us. The U.S. Supreme Court has recognized that government “has a substantial interest in protecting citizens from unwelcome and excessive noise,” even in public areas like...
Can you hear me now? Technology requirements for public meetings by videoconference
A governmental body’s IT department plays an important role in a running a meeting where one or more members of the governmental body or staff are participating remotely by videoconference call. Governmental bodies should carefully plan ahead to ensure that a meeting...
Let It Go, Let It Go: Releasing Extraterritorial Jurisdiction
All Texas cities automatically have an extraterritorial jurisdiction (ETJ), which is the unincorporated area that is contiguous to the city’s corporate boundaries. The expansion and reduction of a city’s ETJ is governed by the state’s Municipal Annexation Act. With...
Are drafts of government documents public information?
Governmental bodies are often wary to show the public how the sausage gets made. When a public information request implicates drafts of a government document, governmental bodies generally rely on two exceptions in the Texas Public Information Act as a basis for...
Your Call Cannot be Completed: When can a city deny a cell tower permit?
A city’s authority to regulate the placement and modification of cell towers is limited by the federal Telecommunications Act of 1996. When a local government receives a cell tower siting application, it must respond “within a reasonable period of time” (90 days for...
HUB Subcontracting Plans: If you fail to prepare, prepare to fail
When a government contract has an expected value of $100,000 or more and the state agency determines there is a probability for subcontracting opportunities under the contract, each vendor’s bid must include a historically underutilized business (HUB) subcontracting...
Your “private” texts and emails may be public information
If you work (or have worked) for a governmental body in Texas, did you know the texts on your personal cell phone and the emails from your personal email address might be public information? In 2019, the Texas Legislature closed a loophole in the Texas Public...
Hello, it’s spam: How to stop robocalls and telemarketing calls
“We’ve been trying to reach you about your car’s extended warranty”—a robocall so common it’s been memefied. The Federal Communications Commission (FCC) and the Texas Attorney General’s office have been going after robocalls and telemarketing scams for years, but...