Lloyd Gosselink News

The Lone Star Current – April 2024 Edition

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The U.S. Supreme Court Speaks: Blocking Users from Commenting on Public Official’s Social Media Account Violates The First Amendment… Maybe

by José de la Fuente Does a public official’s act of blocking certain individuals/members of the public from commenting on an official’s social media account violate the First Amendment rights of that member of the public? The United States Supreme… Read More

Texas Supreme Court Set to Determine Whether Public Utility Commission of Texas Violated Texas Law

by Rick Arnett On January 30, 2024, the Supreme Court of Texas (“SCOTX”) heard oral argument from the Public Utility Commission of Texas (the “Commission”), Calpine Corp. (“Calpine”), and Luminant Energy Co. (“Luminant”) in Luminant Energy Co. LLC v. Pub. Read More

DOL Issues Final Independent Contractor Rule

by Michelle White With an effective date of March 11, 2024, the Department of Labor (“DOL”) issued its long-awaited final rule addressing independent contractor classification under the Fair Labor Standards Act (“FLSA”). See Employee or Independent Contractor Classification Under the… Read More

New Courts Coming This Fall

by Gabrielle Smith The 88th Legislative Session saw the creation of two new court systems in the state of Texas—business courts (See HB 19) and a Fifteenth Court of Appeals (See SB 1045). Both of these new courts are intended… Read More

Texas Broadband Update: The Broadband, Equity Access, and Deployment Program

by Jack Klug The Broadband, Equity Access, and Development (“BEAD”) Program was created as part of the 2021 Infrastructure Investment and Jobs Act and is a $42.5 billion federal grant program which aims to expand high-speed Internet access through the… Read More

Municipal Corner

A Water Control and Improvement District may not use surplus “interest and sinking funds” to reduce the cost of future bonds. Tex. Att’y. Gen. Op. KP-0459 (2024). The Victoria County District Attorney requested an opinion from the Texas Attorney General… Read More

“Ask Sarah” Column

Dear Sarah, I’m a small business owner here in town. Don’t you think it’s a bit of a pain to track employees clocking in and clocking out every day? What if I just pay all my employees a salary, and… Read More

In the Courts

Water Cases City of League City v. Galveston Cnty. Mun. Util. Dist. No. 6, No. 01-23-00007-CV, 2023 WL 8814635 (Tex. App.—Houston [1st Dist.] Dec. 21, 2023, no pet. h.). The central issue in this case is whether a governmental entity… Read More

Agency Highlights

U.S. Environmental Protection Agency (“EPA”) EPA Announces Final Rule Designating Two PFAS as Hazardous Substances Under CERCLA and Issues Enforcement Discretion Policy. On April 17, 2024, EPA posted a “pre-publication” copy of a final rule designating perfluorooctanoic acid (“PFOA”) and… Read More

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