Austin Public Entity Attorney

Understand How the Rules for Public Entity Affect Your Business

At The Jones Law Firm PC, we understand that the rules for a public entity differ significantly from the rules for business entities. Whether it be compliance with the Texas Open Meetings Act or responding to public information and open records requests pursuant to the Texas Public Information Act, our Austin public entity lawyer has the expertise to serve as outside general counsel for your public entity.

Ensure compliance with Texas public entity laws. Contact The Jules Law Firm PC at (512) 394-4289 to speak with an experienced attorney today!

Our Austin public entity attorneys have experience working with the following and more:

• Municipal Utility Districts
• Water Control and Improvement Districts
• Special Utility Districts
• Water Supply Corporations

If you represent such an entity, we can act as the custodian of your public records and advise you on regulatory compliance under the Texas Government Code, the Texas Local Government Code, industry-specific statutes, and state regulations. Reach out to our public entity representation attorneys in Austin to learn more about our services.

What The Jones Law Firm PC Can Do for Your Organization

The Austin public entity lawyers at The Jones Law Firm PC has experience in these areas:

• Public-Private Partnership (“P3”) development and management
• Counsel to public entities
• Acquisition of rights-of-way, easements, and other real property by condemnation using eminent domain authority and other acceptable means;
• Infrastructure funding, development, operations, and management
• Management of utilities and non-utilities
• Open Meetings Act compliance
• Public Information Act compliance
• Regulatory filings and compliance at both the federal and state levels
• Representation before the Texas Commission on Environmental Quality and the Public Utility Commission of Texas
• Creation of a water supply corporation or other special districts to convey and manage the development of a water system, including procurement, treatment, and delivery

Counsel for Open Meeting or Public Information Acts Compliance

As Austin public entity attorneys, our experience includes helping agencies and organizations navigate compliance with the Open Meeting Act or the Public Information Act. What agenda points constitute “common interest”? How do public entities do their jobs as expediently as possible while dealing with constant requests for information? Our counsel ensures public entities can make high-stakes decisions with clarity and confidence.

Our regulatory experience also makes us the ideal partner for public entities who are facing accusations of violating these two acts. {{{{Sub:BusinessName}}}} can provide any public agency or body with the protection they need so those bodies can focus on the crucial tasks required of them.

Navigating Public-Private Partnerships (P3s) in Austin

Public-private partnerships (P3s) are an essential part of developing public infrastructure and services in Austin. These partnerships allow public entities to collaborate with private businesses to fund, design, construct, and manage projects like transportation, utilities, and community services.

Why P3s Are Important:

• Access to Private Capital: P3s provide public entities with access to private investment, reducing the need for public funding.
• Expertise and Innovation: Private partners bring specialized expertise, technology, and innovative solutions to public projects.
• Faster Project Completion: Collaborating with private businesses can streamline the development process, helping public infrastructure projects get completed faster.

How Legal Counsel Helps in P3 Projects:

• Negotiation: Legal counsel plays a crucial role in negotiating the terms of the partnership, ensuring that both parties’ interests are protected.
• Contract Drafting: Properly drafting contracts is essential to clarify responsibilities, timelines, and financial obligations, minimizing disputes down the road.
• Managing the Development: Lawyers help guide the project through legal requirements, from securing permits to ensuring regulatory compliance.
• Risk Management: Attorneys identify potential risks in the project, such as financial pitfalls or compliance issues, and help mitigate those risks with appropriate clauses and safeguards.

Public entities benefit from working with legal counsel experienced in P3s to ensure that these complex projects are structured correctly and that both parties fulfill their obligations.

Texas Open Meetings Act (TOMA) Compliance

The Texas Open Meetings Act (TOMA) ensures that governmental meetings are open to the public, promoting transparency and accountability. Public entities must comply with TOMA to avoid legal issues and uphold the public’s right to know how decisions are made.

Key Aspects of TOMA Compliance:

• Notice Requirements: Public entities must post agendas in advance, detailing the topics to be discussed and any actions that might be taken.
• Quorum and Voting: A quorum (the minimum number of members needed to conduct business) must be present for meetings to be valid. Voting must occur in public.
• Closed Sessions: Public entities can meet in closed sessions for certain matters, such as personnel issues or legal consultations. However, these sessions have strict rules and cannot be used to make decisions outside the law.

Avoiding Violations:

• Ensure Timely Notice: Always post meeting agendas at least 72 hours in advance, as required by law.
• Maintain Accurate Records: Keep accurate meeting minutes and records of decisions made, ensuring transparency.
• Consult Legal Counsel: Having an attorney involved helps ensure compliance, especially for closed sessions, which are highly scrutinized.

Compliance with TOMA is essential for maintaining the public trust and avoiding costly legal challenges.

Public Records and Transparency in Government

The Texas Public Information Act (TPIA) mandates that public entities must provide access to public records, ensuring transparency in government operations. This law ensures that citizens can request and review government documents, fostering trust between the public and governmental bodies.

Responsibilities Under TPIA:

• Responding to Requests: Public entities must respond to public records requests in a timely manner, typically within 10 business days.
• Protecting Sensitive Information: While transparency is key, public entities must also protect confidential or exempt information, such as personal data or trade secrets.
• Record Maintenance: It is crucial for public entities to maintain accurate, organized records to respond efficiently to public information requests.

How Legal Counsel Can Help:

• Compliance and Guidance: Attorneys can provide guidance on the records that are required to be disclosed and help navigate any exemptions under the law.
• Efficient Management: Legal counsel can assist with organizing and maintaining records to ensure that requests are processed efficiently.
• Handling Complex Requests: When requests are particularly complex or sensitive, legal counsel can assist in determining the best approach to fulfill the request while protecting sensitive information.

By ensuring compliance with the TPIA, public entities can maintain their commitment to transparency while protecting sensitive data.

Strategies for Securing Infrastructure Funding in Austin

Texas’ rapid growth has brought the question of water availability to the forefront of leading utilities organizations in the state. Local entities (like water service providers or city governments) have been encouraged to design, build, and maintain water projects that address as many residents as possible. These projects can be vital sources of income, but how can you ensure your city or organization gets the funding it needs from SWIFT or similar funding sources?

Our Austin public entity lawyers can ensure your proposal for infrastructure development meets the highest expectations of state officials. Doing so makes it likelier that your project will receive top priority, making funding approval smoother and faster. The internal factors for what makes an infrastructure project “high priority” are dynamic, but our firm is well-equipped to understand exactly what your proposal needs.

Frequently Asked Questions (FAQs)

• What is a Public-Private Partnership (P3)?
  A Public-Private Partnership (P3) is a cooperative agreement between a public entity (like a city or government) and a private business to develop and manage public infrastructure projects. These partnerships help share the financial and operational responsibilities, often leading to more efficient project completion.
• How do I ensure compliance with the Texas Open Meetings Act (TOMA)?
  Compliance with TOMA requires public entities to properly notice meetings, maintain transparency, and ensure decisions are made in an open environment. Consult with legal counsel to ensure your meetings are compliant, including keeping accurate meeting minutes and handling closed sessions appropriately.
• What are the common exemptions to the Texas Public Information Act (TPIA)?
  Some records may be exempt from disclosure under the TPIA, including confidential information, personnel records, trade secrets, or information that would interfere with law enforcement. A qualified attorney can help determine which records must be disclosed and which are exempt.
• What are the benefits of working with a public entity lawyer?
  Public entity lawyers help ensure that your organization complies with all applicable laws and regulations. They can assist with navigating complex legal matters like P3s, public records requests, and Open Meetings Act compliance, minimizing legal risks and helping avoid costly mistakes.
• Can public entities use eminent domain for development projects?
  Yes, public entities in Texas have the power to use eminent domain to acquire property for public use, including infrastructure projects. Legal counsel is essential in managing the condemnation process and ensuring fair compensation to property owners.
• What types of projects typically involve Public-Private Partnerships?
  P3s are commonly used in large-scale public infrastructure projects like highways, bridges, water supply systems, and public transportation. These projects often require significant funding and expertise, making collaboration with private partners an attractive option.
• How can legal counsel help with securing funding for public infrastructure projects?
  Legal counsel can guide public entities through the process of applying for funding, ensuring proposals meet the requirements of funding bodies like SWIFT (State Water Implementation Fund for Texas). Attorneys help structure projects in a way that maximizes their chances of securing financial support.

Need legal assistance with public entity matters in Austin? Contact us at (512) 394-4289 today for expert counsel.