A court is unlikely to conclude that a judge of a court of record may appoint an official court recorder in lieu of an official court reporter.
Opinion PDF
The law generally does not prohibit a property owner from maintaining an abandoned cemetery on its land so long as the owner does not construct any improvements on the property that disturb the cemetery.
Opinion PDF
Water Code subsection 49.226(b) does not require a river authority to obtain fair market value to release a surplus inundation easement acquired by dedication or otherwise without the payment of compensation.
Opinion PDF
A county’s payment of an amount owed under a contract for services required by that contract does not violate Texas Constitution article III, section 53, nor is an amended contract supported by sufficient additional consideration in violation of that constitutional prohibition.
Opinion PDF
House Concurrent Resolution 111, passed by the 80th Legislature, gives the State Preservation Board and the Texas Facilities Commission discretion concerning the construction of a Bill of Rights monument.
Opinion PDF
The federal exemption for over-the-road buses does not preempt Texas Transportation Code section 621.101; therefore, over-the-road buses traveling on Texas interstate highways are subject to the tandem axle weight limits in subsection 621.101(a)(2).
Opinion PDF
Hearings for court-ordered mental health services held in Kerr County pursuant to Health and Safety Code subsection 574.031(g) are likely required to be recorded by an official court reporter.
Opinion PDF
A county may call a bond election to fund improvements to city streets that are integral or a connecting link to the county’s roads or state highways.
Opinion PDF
Public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring direct provision of authorization from an employee to an employer. A one-time, perpetual consent to a payroll deduction for membership fees or dues is inconsistent with the U.S. Supreme Court’s holding in Janus; however, consent for one year from the time given is likely valid and is sufficiently contemporaneous to be constitutional.
Opinion PDF
Without evidence in the statutes of the Legislature's clear and unmistakable intent to preempt all local ordinances affecting dams, a court would likely conclude that a local regulation will be invalid only to the extent inconsistent with a state regulation.