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.
Opinion PDF
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.