Public Finance

Our firm has a broad range of expertise in financing projects for governmental entities. We serve as bond counsel, underwriter's counsel, and issuer's counsel in connection with bonds and other securities issued by governmental entities - including cities, counties, school districts, water districts, and other special purpose districts - to finance many different types of public projects. Our public finance experience includes advising local governmental entities regarding the type of security appropriate for a particular project. We have also represented governmental entities in bond validation litigation, taxpayer protests, and other challenges to the entity's authority to issue bonds or other securities.

Election Law

Our firm is known throughout Texas for the depth of our expertise in election law, redistricting, and voting rights issues. We have advised cities, counties, schools, and other local governmental entities on all aspects of the processes for general and special elections, and our elections team assists such entities in planning for and carrying out their elections. We also represent governmental entities and elected officials in connection with different types of challenges to election preparations, election results, and candidate qualifications. We have particular experience in the legal and technical requirements of redistricting, and our attorneys have represented hundreds of state and local governmental entities in the processes of redistricting planning, federal preclearance, and, when necessary, litigation. Another core component of our election-related expertise is defending governmental entities in litigation regarding claims under the U.S. Constitution and the federal Voting Rights Act.

Open Government

Our attorneys are widely recognized for their expertise in Texas' open government laws. We have extensive experience in counseling and defending local governmental entities regarding compliance with requirements and procedures under the Texas Open Meetings Act, including the adequacy of notices and agenda postings, the legality of closed and emergency meetings, and emerging law regarding what constitutes a quorum of the governing body. We have counseled numerous local governmental entities on how to respond to requests made under the Texas Public Information Act. That representation includes review and assessment of documents, preparing and submitting opinion requests and briefs to the Texas Attorney General's Office, and representing governmental entities in litigation resulting from Attorney General opinions. The firm also provides training for newly elected officials on the requirements of Texas' open government laws.

Bob Heath is a nationally known authority on open meetings and open records matters. Drawing on his six years as the chairman of the Opinion Committee of the Office of the Texas Attorney General, where he helped develop the law in this increasingly important area, and on the backgrounds of other members of the firm who have served as general counsel for dozens of governmental entities, Heath and other members of the firm have trained newly elected officials and experienced lawyers, advised and defended clients on important open government issues, and written numerous widely distributed analyses on open meetings and open records law addressing questions about adequacy of notice, bonafide purposes for executive sessions, what constitutes an emergency, and other problems frequently faced by county governments. In addition to counseling on compliance, our lawyers have defended governments and officials in lawsuits alleging violations of the open meetings and open records laws.

Although open records law are thought to pertain only to public entities, the Texas Public Information Act can have a major impact on private businesses that need to protect trade secrets and commercial information from being released to the public or that seek information in the possession of a governmental body. Our attorneys routinely assist private clients in the preparation of letters to the Texas Attorney General concerning public information requests. We also represent clients in trial and appellate court challenges to a governmental entity's decision either to disclose or to withhold documents under the Public Information Act and other statutory provisions. For example, we recently obtained a ruling on behalf of a multimillion dollar private equity fund that its trade secrets were protected from public disclosure even though, in the same decision, the Attorney General ruled that similar information of nine other funds had to be released.

We help our public clients comply with the statutory provisions regulating open meetings and affecting the disclosure of documents, including the treatment of homeland security information, trade secret information, and personnel information. In a 2001 Texas Supreme Court case, Heath successfully defended the City of Georgetown's ability to withhold a consulting expert's report that had been prepared to assist the City with anticipated litigation. In re City of Georgetown, 53 S.W.3d 328 (Tex. 2001).

Our attorneys have additional experience in working with the Texas Open Meetings Act. Technical violations of the Open Meetings Act are one of the most common reasons for invalidating the action of a governmental body. Whether advising its local government clients to ensure that they scrupulously follow the requirements of the statute or assisting private clients who may want to challenge the action of a state agency, the firm brings significant experience to bear.

Many public policy issues are decided by Attorney General opinion rather than litigation. In many cases, this forum is the quickest and least expensive way of resolving an issue. Sometimes it may be the only practical way, since the issues may not meet the standing, ripeness, or case or controversy standards that must be met to present a matter to the courts. The firm assists its clients in obtaining an Attorney General opinion and in briefing issues presented in questions before the Attorney General that may affect the clients' interests. When a client wants to participate in the opinion process, members of the firm can offer the insight and experience of having drafted hundreds of opinions and requests for opinions.

Governmental Contracts

Local governmental entities explore and enter into many different types of contractual relationships - with other governmental entities as well as with private individuals and businesses - in the course of carrying out their public functions. Our attorneys represent both governmental entities and those who seek to do business with them, by negotiating and drafting contracts and agreements and assisting clients with all other prerequisites particular to a type of contract or political subdivision. Our experience spans the full range of such governmental contracts, including the following:

• Competitive Bidding
• Supply, Equipment, and Materials Contracts
• Construction Contracts
• Real Estate Contracts
• Professional and Personal Services Contracts
• Fuel and Power Supply Contracts
• Water Supply and Water Rights Agreements
• Utility Services Contracts and Utility System Acquisitions
• Franchise Agreements
• Interlocal Agreements and Boundary Designation Agreements
• Development Agreements
• Performance Contracts for Energy Savings and Water Conservation

Land Use Regulation

Our firm has extensive experience in the many aspects of land use regulation within the jurisdiction of Texas cities and counties. For cities, our attorneys draft, interpret, and apply zoning ordinances and subdivision regulations, counsel and plan regarding annexation of territory, and draft ordinances, orders, rules, and resolutions regulating nuisances (e.g., signs, landscape, fireworks, lighting, and junk vehicles). For counties, our attorneys handle subdivision regulation issues in rural areas over which counties have exclusive authority. We have assisted cities with 380 agreements and counties with venue projects and 381 projects. We also handle matters of common concern to cities and counties, including negotiations between these local governments regarding their conflicting subdivision regulation authority in cities' extraterritorial jurisdiction.

Economic Development

Our attorneys assist cities and counties in their economic development efforts designed to attract new jobs, including 4A and 4B sales tax elections, agreements with economic development corporations, tax abatement matters, tax increment financing, and the creation of special entities for economic development purposes such as public improvement districts, municipal management districts, and private/public partnerships for economic development, affordable housing, "smart growth" development, downtown revitalization, comprehensive development agreements, environmental conservation, and historic preservation.

Eminent Domain and Condemnation

We have represented various local governmental entities in the exercise of their powers of eminent domain to acquire private property for public use. This representation includes negotiations with property owners and all phases of condemnation proceedings and related litigation. Our attorneys also represent governmental entities in litigation challenging governmental action as inverse condemnation, or "takings," and counsel governmental clients regarding compliance with the Texas Private Real Property Rights Act.