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_111615.pdf.

Vendor Disclosure Requirements:  House Bill 1295 (Government Code Section 2252.908) Proposed Rules – 1 TAC §§ 46.1, 46.3, and 46.5, Disclosure of Interested Parties.  The Texas Municipal League and the Texas Association of School Boards argued to the Texas Ethics Commission that the proposed rules should clarify the consequences for a government entity if a business fails to either submit a disclosure or submit an accurate disclosure.  In addition, TML and TASB suggested various changes to the rules that work to protect against unnecessary administrative burdens on government entities and those entities with which they do business.  The comment was filed on November 13, 2015.

Child Safety Fee:  RQ-0052-KP, regarding disposition of revenue collected pursuant to Section 502.402 of the Transportation Code, authorizing an optional county fee for child safety.  The Texas Municipal League and the Texas City Attorneys Association argued to the attorney general that counties are required to send proportional fee revenue to cities within the county pursuant to Section 502.403(e) of the Texas Transportation Code.  Section 502.403(e) provides, in relevant part, that “[a]fter making the deductions provided for by this subsection, the county shall send the remainder of the fee revenue to the municipalities in the county according to their population.”  The comment was filed on October 29, 2015.

Licensed Handgun Carry:  RQ-0051-KP, regarding a notice prohibiting entry with a handgun onto certain premises under Section 30.06 of the Penal Code and Section 411.209 of the Government Code.  The Texas Municipal League and the Texas City Attorneys Association argued to the attorney general that no civilian may carry a handgun into a building that houses a court or court office without authorization from the court.  In lieu of the notice authorized by Texas Penal Code Section 30.06, a better way to notify everyone that carrying is not allowed in a building that houses a court or court offices would be a sign on each entrance to the building stating that: “This building houses courts and court offices. All weapons are prohibited pursuant to Penal Code Section 46.03(a)(3).  An offense under that Section is a third degree felony.”  The comment was filed on October 20, 2015.