TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to http://www.tml.org/p/AmicusBriefUpdate_061016.pdf.

Vendor Disclosure Requirements:  Proposed Rule Amendments – 1 TAC §§ 46.3, 46.5, implementing House Bill 1295 (Government Code Section 2252.908). The Texas Municipal League argued to the Texas Ethics Commission that:  (1) the rules should clarify that contracts requiring an action or vote by the governing body must be written agreements; (2) consistent language should be used in Form 1295 and the rules in regard to the types of transactions that trigger the disclosure requirement; and (3) the rules should provide that a governmental entity is deemed to have received a disclosure under Government Code § 2252.908(f) when all parties are bound to the contract.  The comment was filed on May 23, 2016.

Certificates of Convenience and Necessity: Application of the City of Cibolo for Single Certification in an Incorporated Area and to Decertify Portions of Green Valley SUD’s Sewer Certificate of Convenience and Necessity in Guadalupe County, PUC Docket No. 45702. The Public Utility Commission of Texas (Commission).  The Texas Municipal League filed comments regarding the Public Utility Commission of Texas Order Requesting Briefing on the question of “May the Commission deny a municipality’s application seeking single certification under TWC § 13.255 solely on the basis that a retail public utility that holds a CCN for all or part of the requested service area is also a holder of a federal loan made under section 1926(a) of the Federal Consolidated Farm and Rural Development Act?  In answering this issue, please address whether the Commission has authority to determine whether a federal statute preempts state law.” TML argued that the Commission has no authority in relation to this application to determine whether Section 13.255 is preempted by 7 U.S.C. 1926(b).  That decision is one for the judicial branch to decide.  The Commission’s mandate is to comply with state law as prescribed by the legislature.  The League filed comments in support of the City of Cibolo on June 14, 2016.

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