Texas Government Law Blog
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Fuzzy on the Law: Are eight-liner gaming machines unconstitutional?
The legality of electronic gaming machines known as “eight-liners” has been debated in Texas for years. Although gambling devices are generally prohibited, eight-liner owners have taken the position that their machines fall within the so-called “fuzzy-animal...
Recovering Attorney Fees under the Texas Public Information Act
The Texas Public Information Act (TPIA) requires the court to award reasonable attorney fees to a requestor who “substantially prevails” in a suit to compel a governmental body to release public information. But there’s a major loophole that can leave the requestor...
Is direct-to-consumer beer shipping legal in Texas?
Texas doesn’t allow brewers to ship their beer from the brewery directly to the consumer. Instead, thanks to the three-tier system, brewers generally have to sell their beer through a distributor. In recent years, the Texas Legislature has given some brewers the right...
Can I request government records anonymously?
As a concerned citizen, investigative reporter, or sleuthing competitor, you may want to submit an open records request without revealing your identity to the governmental body. With some limited exceptions, a governmental body can’t refuse to respond to an open...
Know When to Hold’em: Are poker clubs legal in Texas?
Private poker clubs have popped up all over Texas in recent years. Owners of these clubs claim they are operating in accordance with Texas's gambling laws by charging membership fees, instead of taking a rake. Local enforcement varies. Until voters approve a...
Love Oil or Leave: Texas targets ESG investing
“If you boycott Texas energy, Texas will boycott you,” says Texas State Representative Phil King, co-sponsor of a new law that prohibits state agencies from contracting with or investing in companies that boycott the oil and gas industry. Will this new law face legal...
Is direct-to-consumer liquor shipping legal in Texas?
Texas does not allow distillers to ship their spirits from the distillery directly to the consumer. Instead, thanks to the three-tier system, distillers must sell their spirits through distributors. While the Texas Legislature has recently given distillers the right...
Is Texas’s pro-Israel boycott ban unconstitutional?
Israel is one of Texas’s strongest partners for trade and investment in the Middle East. Under Texas law, contractors with 10 or more full-time employees are prohibited from boycotting Israel during the term of a government contract valued at $100,000 or more. In...
23andEveryone? The Privacy Problem with At-Home Genetic Tests
Direct-to-consumer (DtC) genetic tests from companies like 23andMe and Ancestry have given consumers unprecedented access to their genetic data. A majority of consumers wrongly assume that federal medical privacy laws, such as HIPAA, protect the results of these...
Why is it so hard to cancel subscription services?
Dollar Shave Club, BarkBox, HelloFresh—subscription services can be convenient and cost-effective. Unfortunately, breaking up with your subscription service is often hard to do. The Federal Trade Commission recently announced it is “ramping up enforcement” against...
Is direct-to-consumer wine shipping legal in Texas?
In 1986, California became the first state to allow direct-to-consumer (DtC) wine shipping—allowing wine to be shipped from the winery directly to the consumer. Today, thanks to the wine industry’s concerted state-by-state lobbying efforts, nearly every state allows...
Texas AG releases 2022 Open Meetings Act Handbook
The Attorney General’s office has released an updated handbook on the Texas Open Meetings Act, including guidance on changes made by the 87th Texas Legislature. While the handbook is a helpful resource, TOMA is a complex statutory scheme that can be difficult to...