Ken Paxton

Deputy sheriff not officer and not precluded from simultaneously serving as city councilmember

Article XVI, section 65 of the Texas Constitution provides that certain district or county officers automatically resign from office upon announcing their candidacy for any other office of profit or trust under the laws of this State or the United States.  Article XI, section 11 applies this provision to officers of a home-rule city that hold a term longer than two years.

Chapter 351 of the Tax Code authorizes an expenditure of hotel occupancy tax revenue in the direct promotion of tourism and the convention and hotel industry, provided the expenditure is for one of the specified uses listed in the statute.  To the extent the particular agreement about which you ask expressly provides that the public space is intended to benefit the residents of the apartment complex and does not promote tourism and the convention and hotel industry, it does not satisfy section 351.101.  While it is ultimately a fact question, a court is unlikely to determine that

Sections 212.0091 and 232.0026 of the Local Government Code require local jurisdictions to provide specific reasons and legal citations for denying or conditionally approving a plan or plat.

The application of Government Code section 552.143 to investment information published in a media source of general circulation is determined by specific facts.

Article III, section 16 of the Texas Constitution requires that sessions of each House be open, except when the Senate is in executive session.  Thus, when the Legislature meets for session in the Capitol, it must be open and accessible to the public.

Discussing Governor Abbott’s suspending provisions of the Election Code to allow political subdivisions to postpone their May 2, 2020 elections to November 3, 2020

A court would likely conclude that the removal of a county auditor rests within the sole discretion of the district judges, subject to judicial review.

Education Code subsections 11.151(c) and 11.154(a) authorize the Blinn College District to convey the Star of the Republic Museum’s real and personal property to the Texas Historical Commission so long as the transfer complies with Texas Constitution article III, subsection 52(a).

Potential civil and criminal consequences exist for a Texas peace officer who fails to intervene when observing another officer using force in a way that may violate a person’s constitutional rights.