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Practice Areas - County Law

The legal issues facing county government have been changing at a rapid pace, and county government officials face a complex arena of state and federal mandates that challenge the traditional operations of county government. Although the county judge and the other four members of the commissioners court are given broad administrative powers and budgetary authority over county government operations, both federal and state statutes have eroded or muddied the county's authority and saddled it with mandates that may be difficult to fulfill without adequate funding. Complying with those laws and mandates can be a challenge, but the lawyers of Bickerstaff Heath offer years of experience with local government legal issues for assisting the county to achieve its objectives.

Whether a county is contemplating public financing options, developing infrastructure, engaging in construction, entering into interlocal agreements with other counties and cities, defending against lawsuits, or holding critical elections, the legal landscape is filled with potholes that can be avoided by county-specific legal strategies and solutions. Simple solutions found in business or general law practice frequently cannot be applied to counties due to the special nature of local government entities. No other area faces the challenge of dealing with the complex web of statutes and rulings that apply only to local governments in addition to the already complex world of commercial and business laws.

Bickerstaff Heath also serves its clients in the creation and representation of other local governmental entities that have been formed to address the growing needs of the public. Those entities include special districts and authorities for utilities, economic development, transportation, health care, navigation, and rail service. These entities also are governed by a patchwork of special and general laws and codes that pose knotty legal issues for their operations and governance.

Bickerstaff Heath provides both general counsel and special counsel services on all legal issues faced by counties and other governmental entities across Texas. Serving the needs of small and large counties requires a variety of expertise that is best provided by lawyers who understand the full extent of governmental authorities and responsibilities. Bickerstaff Heath offers an experienced group of governmental attorneys that serves counties in every area of the state. We advise county clients in all areas of public law:


General Representation of Counties
At times, counties and other governmental entities need general assistance due to special circumstances such as the expertise required or the need for outside perspective. We pride ourselves on being accessible to our county clients on a regular or emergency basis when they have questions regarding fundamental county functions such as law enforcement, courts and jails, taxation, indigent health care, and employment matters. We are also happy to be present in person at meetings and special events when requested.

MATTER EXAMPLE: Syd Falk and David Méndez are assisting a number of counties to establish county ownership of roads through a special process established by a recent statute. Through this process these counties are clarifying ownership and easement issues related to long-time county roads.

Our attorneys are partners in the county government field, actively participating in activities of the Texas Association of Counties and the associations of County Judges and Commissioners as sponsors and speakers. We also assist county clients in keeping up-to-date on relevant legal issues and offer educational credits. Our local government seminar focuses on the thorniest issues facing government officials. We produce dozens of day-long seminars on local government topics in conjunction with the Texas Leadership Institute. Held in Bastrop and in Alpine, these meaty programs have included Public Works from Start to Finish and Issues Affecting County Government. We also know that a phone call, e-mail, or fax alert is important when the legislature or courts are addressing key government topics. County governments count on Bickerstaff Heath all over Texas.

Open Government Law
Bob Heath is a nationally-known authority on open meetings and open records matters. Drawing on his six years as the chairman of the Opinions 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 counsels for dozens of government entities, our lawyers have trained newly elected officials and experienced lawyers, advised and defended 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 law suits alleging violations.
Public Finance
The public finance team at Bickerstaff Heath represents counties in all areas of public finance. Our firm is experienced in advising county clients on financing mechanisms, conduit financing, public securities law, and related legislation; serving as bond counsel, underwriter's counsel and issuers counsel; and interpreting public finance legislation. We have served as Bond Counsel for over 50 Texas Counties in over 125 bond issues from 1988 - 2005. More information is available by referring to Municipal and Public Financing.
Economic Development
Attracting new jobs to a community is high on the list of objectives of most counties. Our lawyers can assist with tax abatement matters, tax increment financing, and the creation of special entities for economic development purposes. We have assisted clients in the creation of 4A and 4B development corporations and the holding corresponding sales tax elections, as well as advised and counseled clients regarding the use of such revenues.
Land Use and Development
We assist counties in connection with private/public partnerships for economic development, affordable housing, "smart growth" development, environmental conservation, and historic preservation. We have represented counties in negotiating and drafting numerous complex development and economic development agreements. We have assisted Ellis County in establishing a Rural Rail Transportation District and assisted Cameron County in establishing a Regional Mobility Authority.
Transportation
Counties and local governments are increasingly faced with transportation infrastructure inadequate to handle rapidly growing traffic, resulting in traffic congestion and a corresponding detrimental impacts on economic development, public safety and the environment. At the same time, state and federal funding sources are not adequate to timely address many of these pressing transportation needs. The firm assists counties and local governments to implement locally-controlled transportation projects through alternative funding sources.

The firm has assisted clients to analyze and implement newly-created options for development of transportation infrastructure, including regional mobility authorities and pass-through toll projects. For example, Manuel O. Méndez has represented Cameron County in the creation of the Cameron County Regional Mobility Authority and also represents Chambers County in the negotiation of a pass-through toll project. In addition, the firm has assisted county and local government clients in the development of international toll bridge projects. Manuel O. Méndez and Marco Muñoz have successfully represented local government clients with respect to areas such as binational negotiations, contracting, financing, environmental, diplomatic, permitting, and regulatory and litigation matters involved in the development, construction and placement into operation of four new international toll bridges between Texas and Mexico. The firm currently represents three ongoing international toll bridge projects.

Construction Law
Complex construction matters often involve technical expertise beyond a county's in-house or local attorneys. Bickerstaff Heath lawyers have extensive experience drafting and negotiating contacts with architects, engineers, and the construction team. We provide advice on procurement and bidding issues and representation in bid protests. We advise counties on insurance and performance bond issues. If disputes arise during or after construction, our litigation team handles negotiation and litigation with architects, engineers, and contractors.

MATTER EXAMPLE: Between 1996 and 2005, we assisted Anderson, Aransas, Bastrop, Bell, Burleson, Calhoun, Cooke, Kaufman and Lavaca Counties with the process of designing and building new jail facilities.

MATTER EXAMPLE: Represented Bastrop County with their $4,745,000 Courthouse Renovation Project; assisted architect in preparation of bid documents for contractor; negotiated and prepared construction contract.

Elections
Bickerstaff Heath has a national reputation in the field of election law. Our attorneys have guided local government entities through the complexities of the election process. We have extensive experience in interpreting and working with state election laws and election procedures for counties. We assist clients in developing and adhering to election schedules and deadlines. Our elections attorneys are available to assist counties with their elections, from ordering ballots and other supplies and materials to translating elections materials into Spanish, coordinating joint elections, verifying signatures on a petition, training elections staff and workers, obtaining polling places, and supervising recounts or handling protests.

The firm has assisted in preparing hundreds of preclearance submissions to the Department of Justice for general and special elections and redistricting. We have advised counties on holding local option elections. We have helped analyze the need for bond elections, as well as organizing and coordinating them. Additionally, we have represented candidates and local governments in election contests, suits to enjoin elections, and voting rights litigation. Our Election Services team includes a former Texas Secretary of State, six experienced attorneys, and two non-lawyers: the former Deputy City Clerk of the City of Austin, who is not licensed to practice law but possess immense experience managing elections, and a GIS specialist.

The types of services provided by the Elections Group include drafting election orders, canvasses and notices, establishing and mapping election precincts, identifying and securing polling locations, determining ballot styles, obtaining DOJ preclearance, recruiting and training election officials, advising on election and campaign ethics requirements, and advising on public forum speech issues.

MATTER EXAMPLE: Between 1996 and 2004, we assisted Austin Independent School District on the election aspects of three successful bond elections in which voters authorized over $900,000,000 for school projects.

MATTER EXAMPLE: Austin Community College, Austin Independent School District, and the Barton Springs Edwards Aquifer Conservation District were assisted by the firm's Elections Services team to hold a joint election. Our services included negotiating and contracting for joint elections and elections services agreements under the Texas Election Code. Previous elections handled by this team have included as many as 11 participating political subdivisions, which requires conforming the goals and special circumstances of each entity with the various election laws governing each of the entities. The firm has handled every aspect of organizing and conducting Texas elections, from calling the election through completion of any recount.

Elections Challenges
We have represented governmental entities and elected officials in connection with different types of challenges to elections including requests for recounts, judicial contests of election results, and challenges to candidates' qualifications, including candidates for the U.S. Senate, U.S. House of Representatives, Texas House, and Chief Judge of a Court of Appeals.
Litigation
Bickerstaff Heath litigators combine significant courtroom experience before judges and juries and a deep understanding of governmental functions garnered through years representing governmental entities as well as experience as elected governmental officials. The firm represented 22 counties in a landmark case against the State of Texas for jail overcrowding. Litigators Cobby Caputo and Charles Kimbrough defend county rights and advise county officials on a regular basis.
General Representation of Special Districts
Texas has hundreds of special governmental units, including regional mobility authorities, river authorities, groundwater districts, and the alphabet soup of MUD's, PUD's, PID's, and TIFZ's. Keeping track of the authority and responsibilities of these different types of entities is as challenging as remembering all the acronyms. Their creation and operation is complex and requires analyzing a variety of conflicting and special laws to prevent challenges to their operations and authority.
District Creation and Legislative Representation
We represent entities before the TCEQ, and the Texas Legislature concerning the creation of various types of water districts, groundwater districts, and utility districts. We also represent the interests of river authorities, water districts, and groundwater districts before the Texas Legislature on matters relating to their enabling legislation and other matters. We also defend these entities in state court challenges to their enabling legislation and legislative authority. Examples of the type of representation provided include the following matters:

MATTER EXAMPLE: Bruce Wasinger represented GBRA in its support of TCEQ's creation of a Priority Groundwater Management Areas in northern Bexar County.

MATTER EXAMPLE: We represented a coalition of South Texas counties in the legislative creation of the Rio Grande Authority, a river authority for the lower Rio Grande.

MATTER EXAMPLE: Doug Caroom assisted Garza and Kent counties to create the Lake Allen Henry District.

MATTER EXAMPLE: We represented the Barton Springs-Edwards Aquifer Conservation District in state court litigation challenging the validity of its authorizing legislation.

Groundwater Districts
We represent groundwater district clients in enforcing their rules and permitting requirements. We assist groundwater districts in drafting and adopting district rules, and represent the districts in the permitting of new and existing groundwater wells. We also advise clients on their fee structures.

MATTER EXAMPLE: Doug Caroom assisted the Evergreen Groundwater Conservation District in drafting and adopting its rules and management plan. He also represented the District in a contested permitting proceeding before a State Office of Administrative Hearings judge.

MATTER EXAMPLE: Bill Dugat has represented the Barton Springs-Edwards Aquifer Conservation District in administrative and judicial enforcement actions against various permittees for failure to comply with district rules and permits.

General Counsel and Outside Counsel
General Counsel and Outside Counsel We represent water districts and groundwater districts in the capacity of general counsel providing legal assistance on various matters, including employment matters, ethics issues, open records and open meetings matters, general and water-related litigation, voting rights issues, elections, annexations, and redistricting, and contracts and leases. We assist our clients in drafting and adopting rules and policies, and in preparing takings impact assessments, if necessary. We also advise our clients on scope of authority issues.

MATTER EXAMPLE: We act as general counsel to three groundwater districts and one river authority (LNRA). We are outside counsel for numerous others: CRMWA, BRA, LCRA, Reeves County WID#2, and DCPC MUD.

MATTER EXAMPLE: Emily Rogers prepared a Takings Impact Assessment for CRMWA for its conjunctive use project.

Financing and Bond Counsel For Special Districts
We assist clients in obtaining financing for reservoirs, water transmission, water distribution systems, water treatment systems and we act as bond counsel for these projects. We also assist clients in financing the acquisition of water rights and other water and wastewater-related projects. We represent river authorities, water districts, municipalities, utility districts, and water supply corporations in obtaining financing from a variety of sources including the Texas Water Development Board, the Texas Department of Agriculture, the United States Department of Agriculture - Rural Development and Rural Utilities, and the private sector with major bond firms. We also assist our clients in conducting bond elections and serve as issuer's counsel.

MATTER EXAMPLE: Tom Pollan served as bond counsel for the Canadian River Municipal Water Authority for the issuance of bonds totaling $17,450,000 for the acquisition of the Canadian River Aqueduct from the United States Bureau of Reclamation. He also assisted in financing CRMWA salinity control project, and served as bond counsel for CRMWA's $52,825,000 bond issue for its groundwater conjunctive use project.

In addition to these ten highlighted areas of practice, the experience of Bickerstaff, Heath standing beside counties as they address the most pressing issues of this century defines our presence in every corner of the state of Texas.

Attorneys who practice County Law
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