HOME | Saturday, July 5th, 2008
Publications
LGS '08- The Government as Employer: Reasonable Accommodation Under the American With Disabilities Act 
Practice Areas: Employment Law
The focus of this paper is an examination of the employer's duty to provide a reasonable accommodation.
By: Syd Falk
Practice Areas: Employment Law, Litigation, Public Law
Practice Areas: Employment Law, Litigation, Public Law
This paper surveys two distinct aspects of public official responsibilities: disclosure requirements regarding conflicts or potential conflicts of interests contained in Texas Local Government Code chapters 171 and 176; and legal immunities that apply to local government officials in Texas.
By: Patty L. Akers, Cindy J. Crosby
Practice Areas: Municipal Law
Practice Areas: Municipal Law
This paper addresses the economic tools made available to municipalities and the multiple avenues the Texas Legislature has created through which a city may offer economic incentives to property owners in order to achieve a public purpose and to provide economic development opportunities, promote growth, and regulate developments for the benefits of its citizens.
By: Tom Pollan
Practice Areas: Public Finance
Practice Areas: Public Finance
This outline is designed to focus on issues that a local government should consider when it considers financing alternatives. It advocates the use of a team arrangement among the issuer and the various professionals that are retained to assist in the issuance.
LGS '08- Water and Sewer Service Issues Outside The City Limits: Issues Affecting the Decision to Annex Practice Areas: Water Rights, Water Utilities
This paper discusses water and sewer rates outside city limits, water and sewer service under a certificate of convenience and necessity, landowner/developer opt-out provisions, purchasing a CCN or system, and city CCN outside the ETJ.
By: Charles R. Kimbrough
Practice Areas: County Law, Municipal Law
Practice Areas: County Law, Municipal Law
This paper discusses some of the important issues associated with county regulation of development issues in the unincorporated areas - and shows you where to find the law.
By: Patty L. Akers, Cindy J. Crosby
Practice Areas: County Law, Municipal Law
Practice Areas: County Law, Municipal Law
This paper discusses the authority of a city inside its city limits and its extraterritorial jurisdiction, general rules that apply to all types of cities, and how it is necessary for the city to realize and understand the extent of its authority in order to enforce the laws.
By: Cobby A. Caputo, Claudia Russell
Practice Areas: County Law, Municipal Law, Real Estate, Special Districts
Practice Areas: County Law, Municipal Law, Real Estate, Special Districts
This paper lists some common potential obnoxious land uses, provides applicable state and federal regulations, and discusses if and how local governments can regulate such.
By: Bradley B. Young
Practice Areas: Employment Law
Practice Areas: Employment Law
This paper addresses the fact that in today's workplace, employers may have a legitimate interest in monitoring their employees' e-mail and Internet use and the reasons why.
By: Syd Falk
Practice Areas: Litigation
Practice Areas: Litigation
This paper discusses how to make the bidding (or proposal) process clear, open, and fair to all so there is no concern for protesting bidders but also what to do when you are faced with an angry or protesting bidder.
By: C. Robert Heath
Practice Areas: Open Government, Special Districts
Practice Areas: Open Government, Special Districts
This paper discusses the decisions that will affect the redistricting process and the impact 2011 redistricting will have on policy.
LGS '08- Avoiding Individual Criminal Liability: Be Right on the Law, Right on the Ethics, and Avoid Even the Appearance of Impr Practice Areas: Legislative
This paper discusses how today, many people are skeptical about the role and abilities of government in these highly adversarial, fast access to information, quick to judge times regarding public affairs.
By: Myra A. McDaniel
Practice Areas: Employment Law, Litigation
Practice Areas: Employment Law, Litigation
This paper discusses how an employer will often hesitate to implement a progressive discipline policy for fear that it will destroy the right to terminate employees and also how the goal of progressive discipline is twofold.
By: Catherine Brown Fryer
Practice Areas: Employment Law
Practice Areas: Employment Law
The purpose of this paper is to identify the various types of employee leave that units of local government may or must provide to employees and to assist you in the development of personnel policies governing the taking of such leave.
Challenging Desired Future Conditions: Appeal to the Texas Water Development Board and Initiating an Inquiry by the Texas Commis Practice Areas: Water Rights
This paper focuses on the processes in which a groundwater conservation district or "person with a legally defined interest in the groundwater" within the groundwater management area may challenge the desired future conditions.
By: Denise Nance Pierce
Practice Areas: School Law
Practice Areas: School Law
This presentation posts information on Sudent Rights as well as Employee Rights regarding the U.S. Constitution's Bill of Rights and The Texas Constitution.
By: Denise Nance Pierce
Practice Areas: School Law
Practice Areas: School Law
This presentation discusses information on Authority and Responsibilities of Open-Enrollment Charter Schools.
By: Denise Nance Pierce
Practice Areas: School Law
Practice Areas: School Law
This presentation posts information regarding fiduciary duties, service restrictions, conflicts of interest, and the immunity of individual board members.
By: Emily Rogers
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
This presentation discusses recent water law cases, TCEQ matters pertaining to such cases, and recent legislation regarding recent developments in water law.
By: Emily Rogers
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
This paper discusses recent case law developments, the Texas Commission on Environmental Quality happenings, and water related legislation and groundwater districts from the 80th Texas Legislative Section.
By: Denise V. Cheney, Tom Pollan
Practice Areas: County Law, Municipal Law
Practice Areas: County Law, Municipal Law
This paper summarizes the main requirements applicable to Texas county government competitive acquisition process and contracting. It focuses primarily on the state statutes applicable to purchasing and contracting, including alternative methods of contracting for construction projects.
By: Emily Rogers
Practice Areas: Wastewater Utilities, Water Rights, Water Utilities
Practice Areas: Wastewater Utilities, Water Rights, Water Utilities
This presentation addresses the regulatory issues that your city should be considering and addressing when planning for its water and wastewater systems and the expansion of those systems.
By: Susan M. Maxwell
Practice Areas: Environmental, Water Rights
Practice Areas: Environmental, Water Rights
The purpose of this paper is to provide a basic overview of Texas groundwater law, including some major statutory changes over the last decade, and to identify practical considerations for purchasing or leasing groundwater resources.
By: Cobby A. Caputo, Cindy J. Crosby
Practice Areas: Open Government
Practice Areas: Open Government
This presentation discusses ethics when dealing with clients and talks about how to differentiate the entity from the staff.
Avoiding Individual Liability: Be Right on the Law, Right on the Ethics, and Avoid Even the Appearance of Impropriety Practice Areas: Municipal Law, Public Law
This paper focuses on certain issues relating to a civil suit brought against a public servant regarding official and individual liability; the basic criminal misconduct issues that can arise in the context of your public service; and the civil reporting requirements regarding conflict of interest scenarios, and the criminal misconduct issues that can arise from those scenarios.
By: Patty L. Akers
Practice Areas: Municipal Law
Practice Areas: Municipal Law
This paper provides an overview of the enforcement of municipal ordinances, regulating the ETJ and other miscellaneous statutory provisions that authorize municipal regulation in the ETJ.
By: Catherine Brown Fryer
Practice Areas: Employment Law
Practice Areas: Employment Law
Discusses exemptions, deductions from pay of exempt employees, and overtime issues.
By: Catherine Brown Fryer
Practice Areas: Employment Law
Practice Areas: Employment Law
This paper discusses the fundamentals of the Family and Medical Leave Act.
By: Myra A. McDaniel
Practice Areas: Employment Law
Practice Areas: Employment Law
This article provides an overview for establishing progressive discipline policies.
By: Bradley B. Young
Practice Areas: Employment Law
Practice Areas: Employment Law
Discussion of issues that every employer should be aware of in relation to employee email and internet use.
Retaliation Claims Under State and Federal Law: A Growing Source of Litigation Involving Governmental Employees Practice Areas: Employment Law, Litigation
This paper presents an overview of several state and federal statutes that provide employees with anti-retaliation protection and how employers can defend and protect against retaliation claims.
By: Cobby A. Caputo, Bradley B. Young
Practice Areas: County Law, Municipal Law, Public Law, School Law
Practice Areas: County Law, Municipal Law, Public Law, School Law
This paper explores some of the significant defenses available to
governmental entities and their officers and employees under state and federal law.
governmental entities and their officers and employees under state and federal law.
By: Denise Nance Pierce
Practice Areas: County Law, Municipal Law, Public Law, School Law, Special Districts
Practice Areas: County Law, Municipal Law, Public Law, School Law, Special Districts
This paper provides an overview of codes of ethics pertaining to public servants.
By: Charles R. Kimbrough, Denise Nance Pierce
Practice Areas: County Law, Municipal Law, Public Finance, Public Law
Practice Areas: County Law, Municipal Law, Public Finance, Public Law
This presentation provides a broad overview of alternative revenue sources for cities and counties.
By: Patty L. Akers, Cindy J. Crosby, Bradley B. Young
Practice Areas: Environmental, Legislative, Municipal Law
Practice Areas: Environmental, Legislative, Municipal Law
This paper discusses how cities are increasingly looking to contractual arrangements to regulate the use of land to promote self-sustaining developments with amenities and at the same time provide economic development opportunities.
By: Douglas G. Caroom, Denise V. Cheney, Susan M. Maxwell
Practice Areas: Environmental, Wastewater Utilities, Water Development, Water Rights, Water Utilities
Practice Areas: Environmental, Wastewater Utilities, Water Development, Water Rights, Water Utilities
The purpose of this paper is to provide a basic overview of Texas water law, including major statutory changes over the last decade, and to identify practical considerations for a local government's planning for purchasing or leasing surface water or groundwater resources.
By: Douglas G. Caroom
Practice Areas: Water Rights
Practice Areas: Water Rights
This outline highlights the Evlolution of TCEQ's Wholesale Water Rate Jurisdiction and Public Policy Favoring TCEQ Jurisdiction.
Regulatory and Legislative Changes in the Laws Affecting Municipal Water and Sewer Certificates of Convenience and Necessity Practice Areas: Water Rights
This paper analyzes the changes in convenience and necessity law imposed by H.B. 2876 and how the Texas Commission on Environmental Quality is implementing those changes.
By: Charles R. Kimbrough, Claudia Russell
Practice Areas: County Law, Municipal Law, Special Districts
Practice Areas: County Law, Municipal Law, Special Districts
This paper is designed to explain a variety of districts that counties can create.
By: Douglas G. Caroom, Susan M. Maxwell
Practice Areas: Water Development, Water Rights, Water Utilities
Practice Areas: Water Development, Water Rights, Water Utilities
The purpose of this paper is to provide the reader with an overview of Texas water law and a basic understanding of the concepts and principles in this area of the law.
By: Patty L. Akers
Practice Areas: Municipal Law
Practice Areas: Municipal Law
This paper provides a basic overview of the recent 2005 Legislative amendments to Chapter 245 of the Texas Local Government Code, otherwise known as the Vested Rights Statute or Grandfather statue, and the impact of such changes on the day to day procedures of cities.
By: Emily Rogers, Bradley B. Young
Practice Areas: Municipal Law
Practice Areas: Municipal Law
This article summarizes Texas cases of interest to municipalities.
By: Patty L. Akers, Cindy J. Crosby
Practice Areas: Environmental, Legislative, Municipal Law
Practice Areas: Environmental, Legislative, Municipal Law
Discusses the evolution of Chapter 245 as well as recent changes that have occurred.
Regulatory and Legislative Changes in the Laws Affecting Water and Sewer Certificates of Convenience and Necessity Practice Areas: Wastewater Utilities, Water Utilities
Overview of the 2005 Legislative amendments to statutory requirements for certificates of convenience and necessity and the 2005 TCEQ regulatory amendments to the same.
By: Cobby A. Caputo
Practice Areas: County Law, Municipal Law, School Law
Practice Areas: County Law, Municipal Law, School Law
An overview of use of force claims against police officers under state and federal law, and practical pointers to protect both cities and their police officers from such claims. Also includes a discussion of the taser and its place in the use of force spectrum.
By: Patty L. Akers, Bradley B. Young
Practice Areas: Municipal Law
Practice Areas: Municipal Law
Discussion of economic development tools that may assist cities in land use regulation.
By: Tom Pollan
Practice Areas: Public Finance
Practice Areas: Public Finance
A brief description of public finance issues related to Texas cities, counties and special district, describing the methods of issuing debt and the steps and professionals involved in the bond issuance process.
Negotiations and Transactions in Groundwater Marketing and Conveyances: Utility/Municipal Perspective Practice Areas: Water Utilities
This presentation discusses the planning a utility must consider before purchasing or leasing groundwater and the factors that affect the price and terms of a groundwater conveyance as well as the role played in the negotiation processes.
By: Myra A. McDaniel
Practice Areas: Employment Law
Practice Areas: Employment Law
A step-by-step guide for responding to an EEOC complaint filed by an employee or former employee, including sample forms and anticipated responses from EEOC.
By: Bradley B. Young
Practice Areas: Open Government
Practice Areas: Open Government
Basics on how to be an ethical public official in Texas.
By: Myra A. McDaniel
Practice Areas: Litigation, Open Government
Practice Areas: Litigation, Open Government
A discussion of the types of immunities available to public servants who have been sued in their individual capacity and of a standard of conduct for public officials that includes nourishing integrity.
By: Denise Nance Pierce
Practice Areas: School Law
Practice Areas: School Law
Advanced course on student discipline including updates from the state legislature, the courts, and the Texas Attorney General.
By: Denise Nance Pierce
Practice Areas: Employment Law
Practice Areas: Employment Law
Overview of the right to religious expression afforded by the U.S. Constitution, Title VII, and states law to public employees and of the responsibilities of local governments to avoid the establishment of religion.
By: John E. Gangstad
Practice Areas: Corporate
Practice Areas: Corporate
Article discusses how to decide on the best form of business entity depending on the situation and concerns of the owner.
By: Susan M. Maxwell
Practice Areas: School Law
Practice Areas: School Law
The following is an overview of opinions of federal and state courts in Texas, decided from the beginning of 2001 to present, that analyze the statutory and constitutional parameters within which Texas school districts may discipline students and may conduct various types of searches of students' persons and property.
By: Douglas G. Caroom, Susan M. Maxwell
Practice Areas: Water Development, Water Rights, Water Utilities
Practice Areas: Water Development, Water Rights, Water Utilities
This survey compiles Buyer/Lessee, Seller/Lessor, Nature of Transaction, Amount of Water, Price, Aspects of Price and Water Source information of Water Rights Transactions.
By: Catherine Brown Fryer
Practice Areas: Employment Law
Practice Areas: Employment Law
The basic types of employee leave and suggestions for leave provisions for personnel manuals.
By: Douglas G. Caroom, Susan M. Maxwell
Practice Areas: Environmental, Wastewater Utilities, Water Development, Water Rights, Water Utilities
Practice Areas: Environmental, Wastewater Utilities, Water Development, Water Rights, Water Utilities
This paper examines two examples of activities requiring coordination of traditional water rights regulatory authority with water quality regulation and runoff controls that may be associated with non-point source pollution control.
Just Talking with Your Friends: How to Violate the Open Meetings Act by Talking with Your Friends, One Person at a Time Practice Areas: Open Government
The paper discusses how sequential discussions with individuals can lead to a violation of the Open Meetings Act even though a quorum of the governmental body was never present.
By: Bradley B. Young
Practice Areas: Employment Law
Practice Areas: Employment Law
Review of recent developments in FMLA jurisprudence.
By: Patty L. Akers, Emily Rogers
Practice Areas: Environmental, Municipal Law
Practice Areas: Environmental, Municipal Law
An examination of how environmental regulation affects land use and development.
By: John E. Gangstad
Practice Areas: Corporate
Practice Areas: Corporate
Article discusses different types of dispute resolution provisions for acquisition agreements.
By: Bruce Wasinger
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
Issues relating to purchase and sale or lease of water rights.
By: Manuel O. Méndez
Practice Areas: Administrative Law
Practice Areas: Administrative Law
An analysis of the impact of NAFTA implementation on state agency rules and procedures.
By: Myra A. McDaniel
Practice Areas: Employment Law
Practice Areas: Employment Law
An update on recent case law related to adverse employment actions, retaliation and documentation needed when firing an employee.
Challenges in School Construction Using the Construction Manager-Agent Delivery Method: Return of the Owner as General Contracto Practice Areas: Municipal Law, School Law
An analysis of the Construction Manager - Agent construction delivery method, addressing specific contractual concerns for school districts.
By: Catherine Brown Fryer
Practice Areas: Employment Law
Practice Areas: Employment Law
A review of the 2004 revisions to Department of Labor regulations pertaining to "white collar" exemptions from minimum wage and overtime.
By: Myra A. McDaniel
Practice Areas: Open Government
Practice Areas: Open Government
A discussion of the necessity for public servants to have an integrated philosophy that includes a notion of social responsibility and integrity as an organizational value with examples for the application of these notions in exerting moral leadership.
Special Problems Under the Open Meetings Act: Applicability of the Open Meetings Act to the Texas Legislature Practice Areas: Open Government
This article focuses on the application of the Open Meetings Act to the Texas Legislature and provides some historical information on the creation of the Act.
By: Douglas G. Caroom, Susan M. Maxwell
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
A summary and critique of Texas Groundwater Law.
By: Douglas G. Caroom, Susan M. Maxwell
Practice Areas: Wastewater Utilities, Water Development, Water Rights, Water Utilities
Practice Areas: Wastewater Utilities, Water Development, Water Rights, Water Utilities
This paper discusses different views of the indirect resue of state water.
Immigration 101 for Municipal Employers: An Overview of Federal Employment Verification Requirements and Unfair Immigration - Re Practice Areas: County Law, Employment Law, Litigation, Municipal Law, Open Government, Public Law
Discussion of immigration statutes that affect all municipal employers.
By: John E. Gangstad
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
This article discusses the provisions of the Texas Farm Bureau form of Model Groundwater Lease.
By: Douglas G. Caroom, Susan M. Maxwell
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
This paper discusses the different approaches to indirect resues of state water.
By: Douglas G. Caroom
Practice Areas: Special Districts, Water Development, Water Rights
Practice Areas: Special Districts, Water Development, Water Rights
This highlights certain significant implications for counties and cities of the creation of various types of water districts in Texas.
By: C. Robert Heath
Practice Areas: Open Government
Practice Areas: Open Government
The paper addresses the decisions made in the early years of the administration of the Texas Open Records Act that shaped current public information jurisprudence.
By: John E. Gangstad
Practice Areas: Administrative Law, Corporate, Real Estate
Practice Areas: Administrative Law, Corporate, Real Estate
This article discusses the provisions of the Texas Farm Bureau form of Model Groundwater Lease.
By: John E. Gangstad
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
This article discusses the provisions of the Texas Farm Bureau Model Groundwater Lease.
By: Douglas G. Caroom
Practice Areas: Water Development, Water Rights
Practice Areas: Water Development, Water Rights
A short discussion of interstate water allocation issues on the Rio Grande.
By: C. Robert Heath
Practice Areas: Election Law
Practice Areas: Election Law
This article discusses how the City of Houston's 1997 redistricting provides a template for satisfying the seemingly contradictory requirements of section 2 of the Voting Rights Act and Shaw v. Reno.
By: William D. Dugat, III
Practice Areas: Open Government, Special Districts
Practice Areas: Open Government, Special Districts
Discussion of nepotism, dual office holding and Local Government Code Chapter 171.
By: Myra A. McDaniel
Practice Areas: Employment Law
Practice Areas: Employment Law
An update on employment law developments in the areas of search and seizure, assistance during emergency evacuations, background checks, discrimination issues, military leave, free speech, religious freedom, drug testing, representation during the formal and/or informal grievance process, procedural issues in EEOC remedies, and the Whistleblower Act.
By: C. Robert Heath
Practice Areas: Election Law
Practice Areas: Election Law
The article discusses the basic principles of redistricting. It focuses on how changes in the census data available and the standards set out in Shaw v. Reno will affect the post-2000 round of redistricting.
Water Quality - Challenges and Opportunities: An Overview of the Regulatory Protection Mechanisms in the State of Texas Practice Areas: Environmental, Water Rights
An overview of water quality law in Texas.
Overview of Three Economic Development Tools: County Development Districts, Tax Abatement and Tax Increment Financing Practice Areas: County Law
Introduction to and overview of the creation and implementation of these three economic development tools for local government.
By: Bruce Wasinger
Practice Areas: Special Districts, Water Rights
Practice Areas: Special Districts, Water Rights
New legislative authority for groundwater districts.
By: Bruce Wasinger
Practice Areas: Water Rights
Practice Areas: Water Rights
SB 1 impacts the ability to transfer water from basin to basin.
Achieving Status: Opportunities and Challenges: W'omen in Leadership in Firms and Corporate Legal Departments Practice Areas: Corporate
A discussion of what successful women leaders actually do to achieve status and build credibility as leaders and helpful skills to acquire.
By: Bruce Wasinger
Practice Areas: Water Rights
Practice Areas: Water Rights
Issues relating to interbasin transfer of water and protection of basin of origin.
By: C. Robert Heath
Practice Areas: Election Law
Practice Areas: Election Law
The article addresses the effect of Miller v. Johnson on the redistricting process and offers practical suggestions for making submissions to the Department of Justice under section 5 of the Voting Rights Act.
Transfers of Interests in General Partnerships, Limited Partnerships and Limited Liability Companies Practice Areas: Corporate
This article discusses the legal issues involved in transfer of interests in these three types of entities.
By: C. Robert Heath
Practice Areas: Election Law, Municipal Law
Practice Areas: Election Law, Municipal Law
The paper addresses the aspects of an annexation that can be implemented prior to obtaining preclearance under section 5 of the Voting Rights Act and those that cannot.
By: Douglas G. Caroom
Practice Areas: Water Rights
Practice Areas: Water Rights
This publication discusses Threshold Maters, Preliminary Steps of Administrative Adjudication, Different Water Rights and Their Proof, and Subsequent Steps of Adjudication.
