Publications - Bickerstaff Heath Delgado Acosta LLP

Featured Publication

Municipal Green Bonds in Low-Carbon Financial Markets

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By: Gregory D. Miller,
Practice Areas: Cities, Environmental, Public Finance, Special Districts,

If you have not yet been requested to comment on the use of green bonds for financing a particular project of your client, it is likely that sometime soon, you will be. The purpose of this paper, then, is to offer a definition of green bonds that will be useful for local-government attorneys in responding to such queries, and also to provide a few general suggestions as to what may be considered to be uniquely material to any green bond offering documents. This paper begins with a look at the role that green bonds serve within the developing low-carbon financial markets established in response to certain climate-related goals as articulated in the Paris Agreement on climate. Following the discussion of green bonds from this perspective, it is suggested that the value of using green bonds for the local government issuer is that green bonds can further the positive effects of the environmentally-friendly project that is funded by the bonds in way that typical bonds cannot.

Featured Publication

Green Bonds

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By: Gregory D. Miller,
Practice Areas: Cities, Public Finance, River Authorities & Water Districts, Special Districts, Water Law,

Attorney Gregory Miller has prepared this document to present an overview of green bonds, describe the benefits for issuers and buyers, and identify potential areas of growth, in order to offer practice tips for the drafting and reviewing of your green bond offering documents.

Featured Publication

Evenwel v. Abbott: Redistricting and the Meaning of Political Representation

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By: C. Robert Heath,
Practice Areas: Cities, Elections, Voting Rights & Redistricting,

In Evenwel v. Abbott the Supreme Court had to address the question of whom our democratic institutions are designed to represent. Is it everyone or only persons eligible to vote? In a decision that drew on the history of the adoption of the Fourteenth Amendment and that chose a more inclusive view of our democracy, the unanimous Court rejected the request that it limit the apportionment base to eligible voters.

Capital Purchases Over Consecutive Budget Years

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By: David Méndez,
Practice Areas: Counties, Public Finance,

This presentation was prepared for the Northeast Texas Continuing Education Conference, hosted by the Texas A&M Agrilife Extension. The content explores alternative options of preparing for capital expenditures while leveling—or in some cases, reducing—the overall ad valorem tax rate and transactional costs for a county.

Bonds & Certificates of Obligation: Funding Options for Roads

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By: David Méndez,
Practice Areas:

This presentation was originally presented during the 2018 South Texas County Judges and Commissioners Association Conference. The slides provide county commissioners with an overview of finance mechanisms available to Texas Counties to fund public infrastructure with a particular emphasis on general obligation bonds and certificates of obligation. Commissioners will learn the key decision points that they will be facing when they consider issuing bonds as well as the county responsibilities that arise from issuing these types of Bonds. Commissioners will also review the latest changes in state and federal law that affect the county’s bond transactions.

Public Finance for Community Colleges

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By: David Méndez,
Practice Areas: Higher Education, Public Finance,

This presentation provides CFOs, controllers, and other related professionals with an overview of finance mechanisms available to Texas community colleges to fund their particular needs.

Economic Development for Counties

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By: Charles R. Kimbrough,
Practice Areas: Counties,

Texas is growing. Our growth in recent years is the result of a variety of factors, but the increased activity in the energy industries cannot be disregarded as a significant cause. The growth has not been limited to cities. The unincorporated areas of some counties have grown dramatically in recent years. Indeed, some smaller, more rural counties have experienced and begun to address the problematic questions associated with growth — including how to attract, enhance, and regulate preferred growth which improves the local economy and enhances the quality of life for the people.

The goal of sustained economic growth for Texas counties, however, carries with it unique and complex problems for county governance, including: state mandated revenue caps; unfunded state mandates; increased public demand for better infrastructure and services; rising costs; and limited authority to develop revenue to meet the people’s needs.

To address these issues, a commissioner’s court — using its lawful authority, discretion and best business judgment — should consider from time to time the tools available for economic development, including the statutes and related procedures historically viewed as relevant or applicable only to the more urban areas of the state. This paper discusses some of those tools for Texas counties — and it shows you where to find the law.

Updating Your Right of Way Ordinances

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By: Denise V. Cheney, Kelli C. Fuqua,
Practice Areas: Cities, Real Estate,

This presentation was originally presented during the 2018 Texas City Attorneys Association Summer Conference.

Financing Your Stormwater Project

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By: Gregory D. Miller,
Practice Areas: Cities, Public Finance, Water Law,

Gregory Miller discusses various financing options available to cities and special districts interested in creating stormwater infrastructure. This presentation was originally presented during the 2018 University of Texas Rio Grande Valley Stormwater Conference in South Padre Island.

Administrative Appeals of Decisions by Code Officials

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By: Kimberly Grinnan Kelley,
Practice Areas: Cities,

What happens when a customer is dissatisfied with a code official’s decision? This presentation discusses the procedures for handling an administrative appeal of the code official’s decision, including boards of adjustment, building code board of review, and similar city-created regulatory bodies. Kimberly also discusses steps that code officials can take to make their decisions less likely to be overturned.

2017 Public Finance Handbook for Texas Counties

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By: David Méndez,
Practice Areas: Counties, Public Finance,

The new edition of the Public Finance Handbook for Texas Counties, prepared by Tom Pollan and David Mendez and published by the Texas Association of Counties (TAC), is designed to explain the bond issuance process, especially for counties that do not issue bonds on a frequent basis. Among other topics, it addresses the ways in which a county can finance projects, the roles of the financial advisor and bond counsel, the documents used in a county bond issue, bond elections, and public finance for economic development.

County Public Improvement Districts

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By: David Méndez,
Practice Areas: Counties, Public Finance, Special Districts,

Public Improvement Districts or “PIDs” are the current trend in residential real estate development in urban areas of Texas. Although the PID concept has been utilized extensively by many cities within urban counties, relatively few counties have developed their own policies for working with developers on these projects. There are circumstances under which county created PIDs may make sense and counties are likely to receive petitions to create PIDs and issue bonds under this new mechanism.

Attorney David Mendez offers a brief intro into the PID concept by discussing the special issues that urban county officials may be asked to weigh when considering these special districts.

Financing Drainage Projects

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By: David Méndez,
Practice Areas: Public Finance,

Presented at the 2017 EPA Region 6 Stormwater Conference

Attorney David Méndez offers an overview of financing options available to cities and special
districts interested in the construction of drainage systems to redirect stormwater.

Funding County Government

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By: David Méndez, Thomas M. Pollan*,
Practice Areas: Counties, Public Finance,

Attorneys David Mendez and Tom Pollan originally presented this presentation during the North and East Texas County Judges and Commissioners Association Conference in Mt. Pleasant. Their presentation outlines a county’s potential use of tax notes to finance certain routine recurring capital expenditures.

Paxton v. City of Dallas Summary

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By: Kimberly Grinnan Kelley,
Practice Areas: Cities, Open Government,

Avoiding, Identifying, and Resolving Ethical Issues in Land and Water Transactions

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By: Joshua D. Katz,
Practice Areas: Environmental, Groundwater Conservation Districts, River Authorities & Water Districts, Water Law,

Paxton v. City of Dallas – Summary of Opening Arguments

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By: Kimberly Grinnan Kelley,
Practice Areas: Cities, Open Government,

This Public Information Act suit involves the issue of whether the City of Dallas acted within its legal right by relying on the attorney-client privilege as a “compelling reason” for withholding information in response to a PIA request past the required 10 day time frame for requesting an open records determination.

The case has made its way to the Supreme Court of Texas – with opening oral arguments taking place earlier this month. Associate Kimberly Grinnan was able to attend the opening oral arguments, and we’d like to share some of what she heard.

Public Finance Handbook for Texas Counties 2016

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By: Thomas M. Pollan*,
Practice Areas: Counties, Public Finance,

The new edition of the Public Finance Handbook for Texas Counties, prepared by Tom Pollan and published by the Texas Association of Counties (TAC), is designed to explain the bond issuance process, especially for counties that do not issue bonds on a frequent basis. Among other topics, it addresses the ways in which a county can finance projects, the roles of the financial advisor and bond counsel, the documents used in a county bond issue, bond elections, and public finance for economic development.

A Look into New Texas Conduct and Disclosure Requirements

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By: Claudia Russell,
Practice Areas: Legislative,

Texas Water Law and Developing Innovative Water Supplies

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By: Emily Willms Rogers,
Practice Areas: Environmental, Groundwater Conservation Districts, Water Law,

The attached presentation was presented by Emily Rogers at the North American Surface Water Quality Conference and Expo in Austin, Texas on August 2-6, 2015. Presentation highlights include information on obtaining water rights, water development and state assistance, innovative water supply projects, and evolving issues in water law.

Legislative Update 2015: Water Law

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By: Emily Willms Rogers,
Practice Areas: Environmental, Groundwater Conservation Districts, Legislative, River Authorities & Water Districts, Water Law,

This presentation is part of a TexasBarCLE program, which you can register for here: CLE

Emily and co-presenters provide a “discussion of bills enacted in the 2015 Regular Session of the Texas Legislature, issues that may be revisited in coming legislative sessions, and a preview of the legislative interim.”

Case Law Update

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By: Emily Willms Rogers, Claudia Russell,
Practice Areas: Environmental, Groundwater Conservation Districts, Legislative, River Authorities & Water Districts, Water Law,

This case law update (and presentation that follows) was presented at the 2015 UTCLE Texas Water Law Institute. Purchase of the full CLE program is available here: CLE. The update provides information about litigation that has occurred or is occurring around the state and before the Texas Commission on Environmental Quality (TCEQ) and the Public Utility Commission of Texas (PUC). These cases cover topics related to surface and groundwater rights, water and sewer utility matters, ratemaking proceedings, water quality permitting matters, questions of standing, issues regarding flooding, and open meetings and open records.

Purchasing Law Basics for Texas Counties

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By: Denise V. Cheney,
Practice Areas: Contracts & Procurement, Counties,

This paper explores the purchasing law basics for counties, and includes an overview of competitive procurement requirements and regulations in Texas. It was presented as a Continuing Legal Education Course through Lorman Education Services on Februray 21, 2014 (updated on 1/12/16).

Purchasing law is a complex area, and the purpose of this paper is to provide an introduction to the obligations of counties in procuring goods and services.

2015 Texas Association of School Boards / Texas Association of Community College Attorneys Post-Legislative Seminar for Community Colleges and their Attorneys

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By: David Méndez,
Practice Areas: Elections, Higher Education, Schools,

On August 7, 2015, David Mendez presented a 2015 TASB/TACCA Post-Legislative Seminar for Community Colleges and their Attorneys. The attached handout includes the full presentation along with additional space for notes. The topics covered in this presentation include taxation and elections.

The Constitutional Avoidance Canon of Statutory Construction

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By: Gunnar P. Seaquist,
Practice Areas: Civil Litigation,

Attorney Gunnar P. Seaquist authored a paper on the Constitutional Avoidance Canon of Statutory Construction for the State Bar of Texas Litigation Section Report, The Advocate, Vol. 71, Summer 2015. In the paper, Mr. Seaquist discusses the foundation of the canon, the substantive provisions of the constitutional avoidance doctrine, and the application and practice criticisms of the avoidance doctrine.

Alternative Construction Delivery Methods for Government Entities

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By: Denise V. Cheney,
Practice Areas: Cities, Contracts & Procurement, Counties, Real Estate, River Authorities & Water Districts, Schools, Special Districts,

Presented to Texas Public Purchasing Association on May 20, 2014 (updated 1/12/16). This paper discusses alternative construction methods, specifically when government entities can use particular construction methods and their requirements.

Employment Law Update: Drug Testing Employees, Applicants

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By: Vanessa A. Gonzalez,
Practice Areas: Cities, Counties, Employment,

This article discusses the legal standards for suspicionless drug testing of employees and job applicants of local government positions. This article was originally published in the Texas County Progress Magazine’s July 2014 issue.

Shelby County v. Holder and the Demise of Section 5: What’s Left of the Voting Rights Act?

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By: C. Robert Heath,
Practice Areas: Voting Rights & Redistricting,

On June 25, 2013, in the last days of its 2012 term, the United States Supreme Court decided Shelby County, Alabama v. Holder, ___ U.S. ____; 133 S.Ct. 2612 (2013), and effectively invalidated section 5 of the Voting Rights Act. This paper discusses the results of the Supreme Court’s decision and explains the Voting Rights Act’s remaining provisions and powers.

Presented at 2014 Texas Municipal League Annual Conference on Thursday, October 2, 2014.

Public Finance Handbook for Texas Counties 2014

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By: Thomas M. Pollan*,
Practice Areas: Public Finance,

The new edition of the Public Finance Handbook for Texas Counties, prepared by Tom Pollan and published by the Texas Association of Counties (TAC), is designed to explain the bond issuance process, especially for counties that do not issue bonds on a frequent basis. Among other topics, it addresses the ways in which a county can finance projects, the roles of the financial advisor and bond counsel, the documents used in a county bond issue, bond elections, and public finance for economic development.

Regulating Takings: The Intersection of Takings and Property Rights

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By: Joshua D. Katz,
Practice Areas: Water Law,

Presented at the Changing Face of Water Rights course in San Antonio on February 27, 2014, this paper examines the Bragg and Day cases and what they signal for both groundwater owners and groundwater conservation districts. Going forward, what permitting actions of a groundwater district might constitute a regulatory taking of private property rights?

Texas Water Issues: Groundwater Conservation Districts’ Rules and Regulations and Other Legal Obstacles Awaiting Unsuspecting Landowners

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By: Claudia Russell,
Practice Areas: Groundwater Conservation Districts, Water Law,

Paper presented at the 2014 Changing Face of Water Rights CLE, February 27-28, 2014 in San Antonio, Texas.

This paper focuses on rules, regulations, and other legal obstacles facing landowners.

Consumer Privacy: The New FTC Proposal

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Our February newsletter focuses on the Federal Trade Commission’s preliminary report and framework for balancing consumer privacy with the commercial innovation made possible through widespread collection of consumer information. The FTC views current privacy self-regulation as not adequately protecting consumers and believes legislative remedies will be necessary if companies do not modify consumer data collection practices to adhere more closely to new FTC guidelines.

Texas Water Law Overview

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By: Douglas G. Caroom, Susan M. Maxwell,
Practice Areas: River Authorities & Water Districts, Water Law,

The topic “Water Rights and Water Development” covers a broad area. Interwoven in this discussion are the major revisions to Texas water law brought about by Senate Bill 1 (S.B. 1) and Senate Bill 2 (S.B. 2), legislation that overhauled Texas’ systems for water resource planning, management, and development. The chapter also addresses significant legal developments regarding Texas groundwater ownership, management, and regulation.

Public Finance Handbook for Texas Counties

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By: Thomas M. Pollan*,
Practice Areas: Public Finance,

The new edition of the Public Finance Handbook for Texas Counties, prepared by Tom Pollan and published by the Texas Association of Counties (TAC), is designed to explain the bond issuance process, especially for counties that do not issue bonds on a frequent basis. Among other topics, it addresses the ways in which a county can finance projects, the roles of the financial advisor and bond counsel, the documents used in a county bond issue, bond elections, and public finance for economic development.

Current Issues Involving Surface Water and Cities

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By: Emily Willms Rogers,
Practice Areas: River Authorities & Water Districts, Water Law,

Paper presented at the Texas City Attorney’s Association 2012 Summer Conference, June 6-8, 2012

Water for Your Project: A Walkthrough

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By: Emily Willms Rogers,
Practice Areas: River Authorities & Water Districts,

Paper presented at the 2012 Texas Water Law Institute, October 31 – November 2, 2012

Alternative Methods of Managing and Securing Water for Municipalities

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By: Bill Dugat, David Méndez,
Practice Areas: Cities, Public Finance, River Authorities & Water Districts, Water Law,

Historically, cities have secured water from fresh water sources such as surface water (lakes, reservoirs, and rivers) or groundwater (wells). Population growth and repeated droughts have increased demand for alternative sources of fresh water and novel solutions to the problem of scarce water. Several potential alternatives for managing and securing water for municipalities include export/transport of water, water conservation and reuse, and desalination. Each of these approaches and their attendant challenges will be discussed briefly below. No single solution is likely to be sufficient-there is no magic bullet. Instead, municipal water security will depend on attacking the problem of supply from multiple fronts and confronting the challenging legal issues that arise.

Case Law Update: The Changing Face of Water Rights 2011

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By: Joshua D. Katz, Emily Willms Rogers,
Practice Areas: Environmental, River Authorities & Water Districts, Water Law,

Attorneys Joshua Katz and Emily Rogers wrote this article for the State Bar of Texas “The Changing Face of Water Rights 2011” course book.

Trade Secrets: Protecting Your Information

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By: Cobby A. Caputo, Bradley B. Young,
Practice Areas: Civil Litigation, Corporate, Employment,

Our March/April newsletter focuses on the steps businesses can take to protect secret formulas, methods, designs, or information that provide them an economic advantage over their competitors. Non-competition agreements, the fiduciary duty employees owe to their employers, and judicially developed employer protections are specifically considered.

Update: TCEQ and the Texas Water Development Board

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By: Emily Willms Rogers,
Practice Areas: Environmental, General Administrative, Legislative, River Authorities & Water Districts,

The 82nd Legislature passed a number of bills with implications for the Texas Commission on Environmental Quality (TCEQ) and the Texas Water Development Board (TWDB). Most notably, the legislature passed the two agencies’ sunset bills (HB 2694 and SB 660, respectively), which renew the agencies until 2023. This paper discusses significant changes made by the sunset bills to TCEQ’s and TWDB’s authority.

Groundwater Ownership/Regulation: Where We’ve Been and Where We May Be Going

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By: Bill Dugat, Joshua D. Katz,
Practice Areas: River Authorities & Water Districts, Water Law,

The character of groundwater ownership has received more attention in the last 18 months than in the previous 100 years. The ownership issue is pending before the Texas Supreme Court in Edwards Aquifer Authority v. Day and the Texas Legislature addressed ownership in amendments to Chapter 36 of the Texas Water Code. This paper reviews groundwater district permitting in the context of changes made by the 82nd Legislature and what a takings claim might look like post EAA v Day.

Litigation Holds, Part 2: Trigger Events

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By: Sydney W. Falk, Jr., Catherine Than,
Practice Areas: Civil Litigation, Corporate, Employment,

Our December/January newsletter contains part two of the series on litigation holds, which are internal procedures to preserve relevant information when suit is anticipated or filed. The second installment focuses on recognizing and analyzing events that may trigger a litigation hold.

2010 Case Law Update of Interest to Cities

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By: Joshua D. Katz,
Practice Areas: Electric Utilities, Environmental, Open Government, River Authorities & Water Districts, Water Law,

AMERICAN PLANNING ASSOCIATION
Texas Chapter Annual Conference
October 8, 2010

By: Cindy J. Crosby Joshua D. Katz
BICKERSTAFF HEATH DELGADO ACOSTA LLP

Recent State Cases of Interest to Cities

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By: Joshua D. Katz,
Practice Areas: Electric Utilities, Employment, Environmental, Open Government, River Authorities & Water Districts, Water Law,

AMERICAN PLANNING ASSOCIATION
Texas Chapter Annual Conference
October 8, 2010

By: Cindy J. Crosby Joshua D. Katz
BICKERSTAFF HEATH DELGADO ACOSTA LLP

The Impact of Social Networking on Cities

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“Social media is everywhere. From Facebook, Twitter to YouTube what are the legal implications on your city? This paper will address issues that arise due to the use of social media websites such as open records, open meetings, records retention and employment issues.”

Choice of Law-Significant Relationships and the Party Autonomy Rule

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This article was originally published in LEANews on the Lease Enforcement Attorney Network website http://www.leasecollect.com/index.shtml LEAN is a nonprofit organization of law firms who pride themselves on their ability to represent clients needing assistance in the enforcement of lease obligations.

Oncor Electric Delivery Company LLC against Dallas Area Rapid Transit (“DART”) and Fort Worth Transportation Authority (“The T”)

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By: Charles R. Kimbrough,
Practice Areas: Cities, Civil Litigation, Corporate, Electric Utilities, River Authorities & Water Districts, Water Law,

On July 29, 2010, the Dallas Court of Appeals issued an opinion finding that an eminent domain proceeding filed by Oncor Electric Delivery Company LLC against Dallas Area Rapid Transit (“DART”) and Fort Worth Transportation Authority (“The T”) was barred by governmental immunity.