Texas Court Of Criminal Appeals Strikes Down "Secret Deliberations" Provision...
On Wednesday, the Texas Court of Criminal Appeals struck down Section 551.143(a) of the Open Meetings Act, making it a crime for members of a governmental body to “knowingly conspire to circumvent this...
View ArticleTexas Supreme Court Affirms Cuts To Future Public Pension Benefits
On Friday, March 8, a unanimous Texas Supreme Court affirmed the Fifth Court of Appeals and upheld the Dallas Police and Fire Pension System’s decision to cut the future interest rate on accounts...
View ArticleTexas Supreme Court Defers To Government Declaration Of Public Use, At Least...
The decision’s ramifications are significant for both public condemnors and private landowners. The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private...
View ArticleTexas Amends Israeli Anti-Boycott Law
The new law clarifies legislative intent that the previous anti-boycott Israel law does not pertain to small contracts and individuals, but is it enough to address the Court’s constitutional concerns?...
View ArticleTexas Appeals Court Says University's Copyright Infringement Is Not a Taking
Key Points On June 11, 2019, the Houston First Court of Appeals issued a 34-page opinion holding that the University of Houston’s alleged infringement of a private citizen’s copyrighted photograph was...
View ArticleImporter Appeals Houston COA Finding That Denied Importer's FTZ Exemption
Key Points- The Texas Supreme Court has been asked to consider what constitutes an “activated” foreign trade zone (FTZ) and thus ad valorem tax exemption. The case at hand involves a FTZ subzone that...
View ArticleTaking Public Necessity To the Next Level
What are a government’s risks when they deem a business not “essential” and require it to cease operations? Are such Emergency Orders effectively a “taking” of the business? And if so, will the...
View ArticleSCOTX: No Arbitrary Arbitration Provision For Local Governments
The Supreme Court of Texas recently announced that local governments who have agreed to arbitration clauses may be forced into arbitration. However, the Court also announced that the judiciary “retains...
View ArticleTexas Court Rules County Is Not Immune from State Fine For Violating Water Code
On July 30, 2020, the Fourteenth Court of Appeals in Houston issued an opinion in Hyde v. Harrison County, and held that governmental immunity will not protect Texas counties from administrative fines...
View ArticleTexas Court Rules Water Authority Must Pay Damages For Exceeding Contractual...
On March 30, 2021, the Amarillo Court of Appeals issued its opinion in Canadian River Municipal Water Authority v. Hayhook, Ltd, affirming the trial court’s decision to award $506,496.00 plus interest...
View ArticleTexas Supreme Court Denies Review Of Challenge To Texas Central's Eminent...
On June 18, 2021, the Texas Supreme Court issued a denial notice to a landowner’s request for review challenging the Thirteenth Court of Appeal’s finding that Texas Central Railroad &...
View ArticleNew Eminent Domain Laws From The 2021 Texas Legislative Session
The Texas Legislature recently approved five bills that will impact eminent domain matters throughout the state. HB 2730- HB 2730 was signed by Governor Greg Abbott on June 16, 2021, and goes into...
View ArticleTexas Court Strikes Down Statute And Preserves Houston's Water Rights
On June 30, 2021, Texas’s Third District Court of Appeals upheld a lower court decision to protect the City of Houston’s interest in an unbuilt water reservoir by striking down a state law, declaring...
View ArticleTexas Open Meeting Act Requirements To Return September 1, 2021
On June 30, 2021, Governor Abbott approved Attorney General Ken Paxton’s request to lift the open meeting law suspensions that had been temporarily suspended in March 2020 in response to the COVID-19...
View ArticleFifth Circuit Denies Antitrust Immunity To Texas River Authority
Key points: •The Fifth Circuit rejects river authority’s claims of immunity on an antitrust claim brought by two private water utility companies. •In a break from other circuits, Fifth Circuit will...
View ArticleOpen Meetings And The Firearm Carry Act Of 2021
During the recent 2021 session, the Legislature passed The Firearm Carry Act of 2021 (House Bill 1927), which allows qualified Texans and other citizens to carry open or concealed handguns without a...
View ArticleProposed Texas Bullet Train Has Eminent Domain Authority
On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure Inc. and its related entities have eminent domain authority to acquire property for a proposed...
View ArticleFebruary 1, 2023: Deadline for Eminent Domain Reporting (Even if You HAVEN'T...
Don’t forget to submit your report to the Comptroller. Step by step instructions on how to do so are found here. Should any changes be necessary after submission, reporting entities have up to 90 days...
View ArticleDeadline Approaching for Governmental Entities to Apply for DOE Electric...
What grants are available? The Department of Energy is offering over $50 million in grants to state and local governments for electric vehicle (EV) charging infrastructure and equipment....By:
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