The Texas and U.S. Constitutions prohibit governmental action that unlawfully discriminates on the basis of residence; thus, to the extent a local ordinance restricting access to or limiting occupancy of private property exceeds these boundaries, it is unconstitutional.
Opinion PDF
Tax Code subsection 41.45(o) and 34 Texas Administrative Code subsection 9.805(d) do not allow appraisal review boards to require protest hearings to be conducted by videoconference in lieu of in-person hearings when requested by a property owner.
Opinion PDF
The Dallas County Judge does not have authority to regulate the operation of pawnshops during the COVID-19 disaster declaration.
Opinion PDF
A Texas driver's license that on its face lists an expiration date of March 13, 2020, or later is not expired under the Governor's suspension of laws and related DPS guidance until 60 days after the DPS provides further public notice that normal driver's license operations have resumed.
Opinion PDF
Government Code section 418.108 does not, by itself, authorize a county judge, a mayor of a municipality, or any other local government official to commandeer private property to respond to a disaster.
Opinion PDF
A sheriff may donate Code of Criminal Procedure article 59.06 forfeiture funds to a county service center without violating Texas Constitution article III, section 52(a) if the donation serves a public purpose with sufficient controls to ensure accomplishment of the public purpose and will provide a return benefit to the public.
Opinion PDF
When the Texas Windstorm Insurance Ass'n Board has provided requisite notice to member insurers about an assessment at a regularly-scheduled Board meeting, it is unlikely a court will require the Board to call an additional emergency meeting to provide the same notice. So long as the Board complies with its quorum requirement, Board vacancies do not impair its ability to take action.
Opinion PDF
Constable’s statements to run for office were not made in requisite public setting, and without more, a petition with the minimum number of signatures to waive the filing fee for a place on the ballot does not amount to an announcement of candidacy.
Opinion PDF
Governmental bodies may comply with Government Code section 551.007 by conducting one public comment session at the beginning of the meeting and may adopt reasonable rules to cap the total time given to each person who wishes to testify.
Opinion PDF
Purely economic, non-physical damage to property caused by the COVID-19 disaster is not eligible for the temporary tax exemption provided by section 11.35 of the Tax Code.