REGIONAL PLANNING COMMISSIONS THE LAW, EXPECTATIONS AND REALITIES

REGIONAL PLANNING REGIONAL PLANNING COMMISSIONSCOMMISSIONS

THE LAW, EXPECTATIONS THE LAW, EXPECTATIONS

AND REALITIESAND REALITIES A PRESENTATION TO THE BREWSTER A PRESENTATION TO THE BREWSTER

COUNTY COMMISSIONERS COURTCOUNTY COMMISSIONERS COURT January 14, 2008January 14, 2008

Greg HudsonHudson & O’Leary

LLP(512) 441-9941 –

phone(512) 441-1501 –

[email protected]

et

IntroductionIntroduction

This presentation is focused on the law and This presentation is focused on the law and regulations applicable to regional planning regulations applicable to regional planning commissions (popularly known as COG’s – Councils commissions (popularly known as COG’s – Councils of Government) created under chapter 391 of the of Government) created under chapter 391 of the Texas Local Government Code. It focuses on the Texas Local Government Code. It focuses on the creation, composition and authority of such entities. creation, composition and authority of such entities.

It has been suggested that the creation of a It has been suggested that the creation of a subregional plannning commission would enable the subregional plannning commission would enable the local communities to act to protect the region from local communities to act to protect the region from the negative effects of the La Entrada al Pacifico the negative effects of the La Entrada al Pacifico Highway plan. Some of those concepts are Highway plan. Some of those concepts are discussed herein.discussed herein.

This presentation does not address in detail other This presentation does not address in detail other means in which to address TxDot, the La Entrada al means in which to address TxDot, the La Entrada al Pacifico highway plan or MOTRANPacifico highway plan or MOTRAN . .

The LawThe Law Local Governments generally have only those powers Local Governments generally have only those powers

granted to them by the Texas Legislature and the granted to them by the Texas Legislature and the implied powers to carry out their express authority. implied powers to carry out their express authority. This is especially true for Texas Counties. (See This is especially true for Texas Counties. (See Canales v. Laughlin 214 SW2d 451 (Tex. 1948)Canales v. Laughlin 214 SW2d 451 (Tex. 1948)

Regional Planning Commissions are authorized under Regional Planning Commissions are authorized under chapter 391 of the Texas Local Government Code.chapter 391 of the Texas Local Government Code.

You can find the Texas statutes online at You can find the Texas statutes online at http://tlo2.tlc.state.tx.us/statutes/statutes.htmlhttp://tlo2.tlc.state.tx.us/statutes/statutes.html..

Chapter 391 is lengthy, but here are some excerpts Chapter 391 is lengthy, but here are some excerpts that are pertinent to this presentation.that are pertinent to this presentation.

CHAPTER 391. REGIONAL PLANNING COMMISSIONSCHAPTER 391. REGIONAL PLANNING COMMISSIONS

Sec. 391.001. PURPOSE. Sec. 391.001. PURPOSE. (a) (a) The purpose of this chapter is to encourage and permit local The purpose of this chapter is to encourage and permit local governmental governmental unitsunits to: to:

(1) (1) join and cooperate to improve the health, safety, join and cooperate to improve the health, safety, and general welfare of their residents; andand general welfare of their residents; and

(2) (2) plan for the future development of communities, plan for the future development of communities, areas, and regions so that:areas, and regions so that:

(A) the planning of transportation systems is (A) the planning of transportation systems is improved;improved;

(B) adequate street, utility, health, educational, (B) adequate street, utility, health, educational, recreational, and other essential facilities are provided as the recreational, and other essential facilities are provided as the communities, areas, and regions grow;communities, areas, and regions grow;

(C) the needs of agriculture, business, and industry (C) the needs of agriculture, business, and industry are recognized;are recognized;

(D) healthful surroundings for family life in (D) healthful surroundings for family life in residential areas are provided;residential areas are provided;

(E) historical and cultural values are preserved; and(E) historical and cultural values are preserved; and(F) the efficient and economical use of public funds (F) the efficient and economical use of public funds

is commenis commensurate with the growth of the communities, areas, and urate with the growth of the communities, areas, and regions.regions.(b) (b) The general purpose of a commission is to make studies and The general purpose of a commission is to make studies and plans to guide the unified, far-reaching development of a region, plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the eliminate duplication, and promote economy and efficiency in the coordinated development of a regioncoordinated development of a region..Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 391.002. DEFINITIONS.

In this chapter:

(1) "Governmental unit" means a county, municipality, authority, district, or other political subdivision of the state.

(2) "Commission" means a regional planning commission, council of governments, or similar regional planning agency created under this chapter.

(3) "Region" means a geographic area consisting of a county or two or more adjoining counties that have, in any combination:

(A) common problems of transportation, water supply, drainage, or land use;

(B) similar, common, or interrelated forms of urban development or concentration; or

(C) special problems of agriculture, forestry, conservation, or other matters.Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987

Sec. 391.003. CREATION. Sec. 391.003. CREATION.

(a) (a) Any combination of counties or municipalities or of counties and Any combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.means, to establish a commission.(b) (b) The agreement must designate a region for the commission that:The agreement must designate a region for the commission that:

(1) (1) consists of territory under the jurisdiction of the consists of territory under the jurisdiction of the counties or municipalities, including extraterritorial jurisdiction; andcounties or municipalities, including extraterritorial jurisdiction; and

(2) (2) is consistent with the geographic boundaries for state is consistent with the geographic boundaries for state planning regions or subregions that are delineated by the governor and planning regions or subregions that are delineated by the governor and that are subject to review and change at the end of each state biennium.that are subject to review and change at the end of each state biennium.(c) (c) A commission is a political subdivision of the stateA commission is a political subdivision of the state..(d) (d) This chapter permits participating governmental units the This chapter permits participating governmental units the greatest possible flexibility to organize a commission most suitable to greatest possible flexibility to organize a commission most suitable to their view of the region's problemstheir view of the region's problems..(e) (e) The counties and municipalities making the agreement may join The counties and municipalities making the agreement may join in the exercise of, or in acting cooperatively in regard to, planning, in the exercise of, or in acting cooperatively in regard to, planning, powers, and duties as provided by law for any or all of the counties and powers, and duties as provided by law for any or all of the counties and municipalities.municipalities.Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 391.004. PLANS AND RECOMMENDATIONS.

(a) A commission may plan for the development of a region and make recommendations concerning major thoroughfares, streets, traffic and transportation studies, bridges, airports, parks, recreation sites, school sites, public utilities, land use, water supply, sanitation facilities, drainage, public buildings, population density, open spaces, and other items relating to the commission's general purposes.(b) A plan or recommendation of a commission may be adopted in whole or in part by the governing body of a participating governmental unit.(c) A commission may assist a participating governmental unit in:

(1) carrying out a plan or recommendation developed by the commission; and

(2) preparing and carrying out local planning consistent with the general purpose of this chapter.Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 391.005. POWERS.

(a) A commission may contract with a participating governmental unit to perform a service if:

(1) the participating governmental unit could contract with a private organization without governmental powers to perform the service; and

(2) the contract to perform the service does not impose a cost or obligation on a participating governmental unit not a party to the contract.(b) A commission may:

(1) purchase, lease, or otherwise acquire property;(2) hold or sell or otherwise dispose of property;(3) employ staff and consult with and retain experts; or

(A) provide retirement benefits for its employees through a jointly contributory retirement plan with an agency, firm, or corporation authorized to do business in the state; or

(B) participate in the Texas Municipal Retirement System, the Employees Retirement System of Texas, or the Texas County and District Retirement System when those systems by legislation or administrative arrangement permit participation.

(c) Participating governmental units may by joint agreement provide for the manner of cooperation between participating governmental units and provide for the methods of operation of the commission, including:

(1) employment of staff and consultants;(2) apportionment of costs and expenses;(3) purchase of property and materials; and(4) addition of a governmental unit.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

POWERS (cont’d)POWERS (cont’d)

Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE AGENCIES.

(a) To protect the public interest and promote the efficient use of public funds, the governor, with the technical assistance of the state auditor, may draft and adopt:

(1) rules relating to the operation and oversight of a commission;

(2) rules relating to the receipt or expenditure of funds by a commission, including:

(A) restrictions on the expenditure of any portion of commission funds for certain classes of expenses; and

(B) restrictions on the maximum amount of or percentage of commission funds that may be expended on a class of expenses, including indirect costs or travel expenses;

(3) annual reporting requirements for a commission;(4) annual audit requirements on funds received or expended

by a commission from any source;(5) rules relating to the establishment and use of standards by

which the productivity and performance of each commission can be evaluated; and

(6) guidelines that commissions and governmental units shall follow in carrying out the provisions of this chapter relating to review and comment procedures.

(remainder deleted)

(b) The governor and state agencies shall provide technical information and assistance to the members and staff of a commission to increase, to the greatest extent feasible, the capability of the commission to discharge its duties and responsibilities prescribed by this chapter and to ensure compliance with the rules, requirements, and guidelines adopted under Subsection (a).(c) In carrying out their planning and program development responsibilities, state agencies shall, to the greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation of state programs at the regional level.Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 281, Sec. 16, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 694, Sec. 1, eff. June 13, 2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 9.01, 9.02, eff. Jan. 11, 2004.

Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE

(cont’d)(cont’d)

Summary of StatutesSummary of Statutes

Regional Planning Commissions can be created by Regional Planning Commissions can be created by an agreement of local governmentsan agreement of local governments

Boundaries must be coterminous with those Boundaries must be coterminous with those regions or subregions delineated by the governorregions or subregions delineated by the governor

A Regional Planning Commission is a political A Regional Planning Commission is a political subdivision (independent unit of local government)subdivision (independent unit of local government)

A Regional Planning Commission may plan for the A Regional Planning Commission may plan for the development of a region and make development of a region and make recommendations as to major thoroughfaresrecommendations as to major thoroughfares

Summary of Statutes (cont’d)Summary of Statutes (cont’d)

A plan created by the Regional Planning A plan created by the Regional Planning Commission may be adopted in whole or part Commission may be adopted in whole or part by the participating local governmentsby the participating local governments

The Governor possesses authority to adopt The Governor possesses authority to adopt rules pertaining to the oversight and rules pertaining to the oversight and operation of a Regional Planning Commissionoperation of a Regional Planning Commission

The Governor possesses the authority to The Governor possesses the authority to adopt rules pertaining to the expenditure of adopt rules pertaining to the expenditure of funds by a Regional Planning Commissionfunds by a Regional Planning Commission

Summary of Statutes (cont’d)Summary of Statutes (cont’d)

State agencies, to the greatest extent State agencies, to the greatest extent feasible, shall feasible, shall coordinate coordinate planning planning activities with Regional Planning activities with Regional Planning Commissions to ensure effective and Commissions to ensure effective and orderly implementation of state programs orderly implementation of state programs at a regional level.at a regional level.

Regulations Adopted By The GovernorRegulations Adopted By The Governor

State Regulations can be found in the State Regulations can be found in the Texas Administrative Code Texas Administrative Code http://info.sos.state.tx.us/pls/pub/readtac$http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtacext.viewtac

Texas Administrative CodeTexas Administrative Code NNeexxtt RRuullee>>>>

TITLE 1TITLE 1 ADMINISTRATIONADMINISTRATION

PART 1PART 1 OFFICE OF THE GOVERNOROFFICE OF THE GOVERNOR

CHAPTER 5CHAPTER 5 BUDGET AND PLANNING OFFICEBUDGET AND PLANNING OFFICE

SUBCHAPTER SUBCHAPTER AA

FEDERAL AND INTERGOVERNMENTAL FEDERAL AND INTERGOVERNMENTAL COORDINATIONCOORDINATION

DIVISION 3DIVISION 3 STATE PLANNING ASSISTANCE GRANTSSTATE PLANNING ASSISTANCE GRANTS

RULE §5.82RULE §5.82 General RegulationsGeneral Regulations

(a) (a) The State of Texas will recognize one regional planning The State of Texas will recognize one regional planning commission organized under Chapter 391, Local Government commission organized under Chapter 391, Local Government Code in each state planning region or subregion. Only the Code in each state planning region or subregion. Only the regional planning commission will be eligible for a state planning regional planning commission will be eligible for a state planning assistance grant.assistance grant. (b) A local government desiring to participate in a regional (b) A local government desiring to participate in a regional planning commission must join the regional planning commission planning commission must join the regional planning commission serving the state planning region in which that local government is serving the state planning region in which that local government is located.located.

Does this mean the Governor will only recognize one Regional Planning Commission in each state planning region or subregion??

Or, is this rule applicable only to State Planning Assistance Grants???

Section 5.82 is entitled “General Regulations” How to interpret this in context of whether it applies for purposes of State Planning Assistance Grants, or more broadly for Regional Planning Commissions????

Questions Regarding the Questions Regarding the Governor’s RulesGovernor’s Rules

Map of RegionsMap of Regions

http://www.txregionalcouncil.org/display.php?page=regions_map.php

Creation of a Subregional CouncilCreation of a Subregional Council????????

Sec. 391.003. CREATIONSec. 391.003. CREATION(b) (b) The agreement must designate a region The agreement must designate a region for the commission that:for the commission that:

(1) (1) consists of territory under the consists of territory under the jurisdiction of the counties or municipalities, jurisdiction of the counties or municipalities, including extraterritorial jurisdiction; andincluding extraterritorial jurisdiction; and

(2) (2) is consistent with the geographic is consistent with the geographic boundaries for state planning regions or boundaries for state planning regions or subregions that are delineated by the subregions that are delineated by the governor and that are subject to review and governor and that are subject to review and change at the end of each state biennium.change at the end of each state biennium.

State Planning RegionsFor information on the state's 24 regional councils of governments please contact:

The Texas Association of Regional Councils

http://www.governor.state.tx.us/divisions/tracs/planning/view

So, Would The Creation Of a New So, Would The Creation Of a New Subregional Planning Commission Subregional Planning Commission

Comply with the law??Comply with the law?? Would it be consistent with the Would it be consistent with the

geographic boundaries for state geographic boundaries for state planning regions or subregions that planning regions or subregions that are delineated by the governor????are delineated by the governor????;;

and that are subject to review and and that are subject to review and change at the end of each state change at the end of each state biennium biennium (its not the end of the (its not the end of the biennium, so timing is problematic)biennium, so timing is problematic)

Potential Problems That Could Potential Problems That Could Arise If A New Subregional Arise If A New Subregional

Planning Commission Is Not Planning Commission Is Not Created In Strict Accordance With Created In Strict Accordance With

the Law the Law Would not have to be recognized by the Governor Would not have to be recognized by the Governor or State Agencies (e.g. TxDot)or State Agencies (e.g. TxDot)

Funding provided by participating local Funding provided by participating local governments could be argued to be a governments could be argued to be a misappropriation of funds, or unconstitutional gift misappropriation of funds, or unconstitutional gift or grant (possible claim on public officials bond)or grant (possible claim on public officials bond)

A reviewing Court could deny standing to the A reviewing Court could deny standing to the entity to participate in legal mattersentity to participate in legal matters

No authority to contract or take any official actionNo authority to contract or take any official action Participating members have no liability protection Participating members have no liability protection It would be subject to annual audit requirementsIt would be subject to annual audit requirements Embarrassment to local public officials – reducing Embarrassment to local public officials – reducing

their standing their standing

There already exists a Regional There already exists a Regional Planning Commission Including Planning Commission Including

Brewster CountyBrewster County

Rio Grande Council of GovernmentsRio Grande Council of Governments

http://www.riocog.orghttp://www.riocog.org//

1100 N. Stanton, Suite 610El Paso, Texas 79902

(915) 533-0998Fax:  (915) 532-9385

Bargaining Power Over HighwaysBargaining Power Over Highways

Two promising provisions in the statutesTwo promising provisions in the statutes

Chapter 391.001 PurposeChapter 391.001 Purpose(b)(b) The general purpose of a commission is to make The general purpose of a commission is to make studies and plans to guide the unified, far-reaching studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development of a economy and efficiency in the coordinated development of a region.region.

Chapter 391.009 –Role of State Auditor, Governor And State Chapter 391.009 –Role of State Auditor, Governor And State AgenciesAgencies(c) (c) In carrying out their planning and program In carrying out their planning and program development responsibilities, development responsibilities, state agencies shall, to the state agencies shall, to the greatest extent feasible, coordinate planning with greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation commissions to ensure effective and orderly implementation of state programs at the regional levelof state programs at the regional level..

Requirement of a StudyRequirement of a Study

The Subregional Planning Commission The Subregional Planning Commission would need to coordinate and prepare a would need to coordinate and prepare a study, that when completed, could be study, that when completed, could be approved in whole or in part by the approved in whole or in part by the member participating local governmentsmember participating local governments

Practical problems Practical problems

- funding the study- funding the study

- reaching consensus- reaching consensus

- getting approvals- getting approvals

““State agencies shall, to the State agencies shall, to the greatest extent feasible, greatest extent feasible, coordinate planning with coordinate planning with

commissions”commissions” No reported cases in Texas as to what is No reported cases in Texas as to what is required – although this provision has been in required – although this provision has been in the law since 2001.the law since 2001.

““Coordination” is a term that would have to be Coordination” is a term that would have to be defined by a court in a particular circumstancedefined by a court in a particular circumstance

In most instances (other than perhaps a In most instances (other than perhaps a mandamus action) TxDot would enjoy mandamus action) TxDot would enjoy immunity from suitimmunity from suit

Historically, TxDot exercises jurisdiction over Historically, TxDot exercises jurisdiction over highways without acknowledging any highways without acknowledging any bargaining rights of local governmentsbargaining rights of local governments

Chapter 391 does not expressly vest RPC’s Chapter 391 does not expressly vest RPC’s with rights to institute litigationwith rights to institute litigation

The clause requiring The clause requiring “coordination” is not a new “coordination” is not a new

provisionprovision It was added in 2001It was added in 2001 No authorities (courts, Attorney General, No authorities (courts, Attorney General,

Governor) have proclaimed that this term gives Governor) have proclaimed that this term gives special bargaining rights with state agencies.special bargaining rights with state agencies.

TxDot already provides public hearings, TxDot already provides public hearings, opportunities for input, etc. for highway opportunities for input, etc. for highway projects – nothing in ch. 391 expressly requires projects – nothing in ch. 391 expressly requires them to do anything more.them to do anything more.

Recall that a Regional Planning Commission’s Recall that a Regional Planning Commission’s primary duties are to prepare studies – they are primary duties are to prepare studies – they are not vested with bargaining rights by ch. 391not vested with bargaining rights by ch. 391

OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF TEXASTEXAS

Opinion No. H-458Opinion No. H-4581974 Tex. AG LEXIS 821974 Tex. AG LEXIS 82

November 25, 1974November 25, 1974 Your second question asks whether the Commissioners Court has Your second question asks whether the Commissioners Court has

delegated its authority over "county business" by joining the delegated its authority over "county business" by joining the regional planning commission. A commissioners court may not regional planning commission. A commissioners court may not delegate powers involving the exercise of judgment unless the delegate powers involving the exercise of judgment unless the court is statutorily enabled to do so. court is statutorily enabled to do so. Guerra v. Rodriguez, 239 S.W. Guerra v. Rodriguez, 239 S.W. 2d 9152d 915 (Tex. Civ. App. -- San Antonio 1951, no writ); Attorney (Tex. Civ. App. -- San Antonio 1951, no writ); Attorney General Opinion V-532 (1948).General Opinion V-532 (1948).

In this instance it is our opinion that the Court is not delegating In this instance it is our opinion that the Court is not delegating any of its authority over county business by joining the any of its authority over county business by joining the Commission. Section 3(a) of Article 1011m provides that "nothing Commission. Section 3(a) of Article 1011m provides that "nothing in this Act shall be construed [*4] to limit the powers of the in this Act shall be construed [*4] to limit the powers of the participating governmental units as provided by existing law." participating governmental units as provided by existing law." Section 4(b) designates the purposes of a regional planning Section 4(b) designates the purposes of a regional planning commission as those of making "studies and plans." the commission as those of making "studies and plans." the latter of which "may be adopted in whole or in part by the latter of which "may be adopted in whole or in part by the respective governing bodies of the cooperating respective governing bodies of the cooperating governmental units." (Emphasis added) The statute in no governmental units." (Emphasis added) The statute in no way authorizes any delegation of county business except way authorizes any delegation of county business except with respect to the formulation of studies and plans with respect to the formulation of studies and plans

AN ACT 1-2 relating to state and regional coordination of planning and 1-3     development for implementation of state programs. 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5           SECTION 1.  Section 391.009, Local Government Code, is 1-6     amended by adding Subsection (c) to read as follows: 1-7           (c)  In carrying out their planning and program development 1-8     responsibilities, state agencies shall, to the greatest extent 1-9     feasible, coordinate planning with commissions to ensure effective1-10     and orderly implementation of state programs at the regional level.1-11          SECTION 2.  This Act takes effect immediately if it receives1-12     a vote of two-thirds of all the members elected to each house, as1-13     provided by Section 39, Article III, Texas Constitution.  If this1-14     Act does not receive the vote necessary for immediate effect, this1-15     Act takes effect September 1, 2001._______________________________     _______________________________President of the Senate              Speaker of the HouseI hereby certify that S.B. No. 200 passed the Senate on February 21, 2001, by the following vote:  Yeas 30, Nays 0, one present, not voting._______________________________Secretary of the Senate               I hereby certify that S.B. No. 200 passed the House on May 23, 2001, by the following vote:  Yeas 145, Nays 0, two present, not voting.        

Problems With the Problems With the LitigationLitigation Option To Stop La EntradaOption To Stop La Entrada

Obtaining Legal recognition as a Obtaining Legal recognition as a subregional planning commission subregional planning commission

Ch. 391 vests no authority to sueCh. 391 vests no authority to sue Sovereign immunity available to state Sovereign immunity available to state

agencies (can’t sue the king)agencies (can’t sue the king) For a mandamus action premised on For a mandamus action premised on

TxDot’s refusal to “coordinate,” when TxDot’s refusal to “coordinate,” when would a cause of action accrue?would a cause of action accrue?

Cost – Who would pay? (Can’t depend on Cost – Who would pay? (Can’t depend on state planning grant funds; why would the state planning grant funds; why would the State pay to sue itself?)State pay to sue itself?)

Regional Planning Commissions Regional Planning Commissions Are Subject To Lots Of Are Subject To Lots Of

BureaucracyBureaucracy They are units of local government and They are units of local government and

have to be accountable to the public in all have to be accountable to the public in all aspectsaspects

This triggers:This triggers: the Texas Open Meetings Actthe Texas Open Meetings Act the Texas Public Information Actthe Texas Public Information Act Public Funds Investment ActPublic Funds Investment Act Public Funds Investment Act trainingPublic Funds Investment Act training Annual audit requirementsAnnual audit requirements Public Official disclosures, reporting, etc.Public Official disclosures, reporting, etc. Bidding and Procurement laws for purchases, Bidding and Procurement laws for purchases,

retention of expertsretention of experts

Alternatives To Protest La EntradaAlternatives To Protest La Entrada

Contact and meet with your legislators and Contact and meet with your legislators and express concernsexpress concerns

Direct concerns to TxDot, attend public Direct concerns to TxDot, attend public meetings and forumsmeetings and forums

Continue local “grass roots” group meetings and Continue local “grass roots” group meetings and share science and studies with elected officialsshare science and studies with elected officials

Form a non-profit organization – has standing to Form a non-profit organization – has standing to sue sue

Seek support from Rio Grande Council of Seek support from Rio Grande Council of Governments Governments

In short, speak out – but be knowledgeable and In short, speak out – but be knowledgeable and conciseconcise

Conclusion And CommentsConclusion And Comments

No question, there are tremendous assets No question, there are tremendous assets at serious risk in the region if La Entrada at serious risk in the region if La Entrada becomes a realitybecomes a reality

La Entrada can be attacked through a La Entrada can be attacked through a coordinated effort without the need for a coordinated effort without the need for a subregional planning commissionsubregional planning commission

There are legal and practical problems with There are legal and practical problems with the creation of a subregional planning the creation of a subregional planning commissioncommission

There may be a role for local governmental There may be a role for local governmental officials to participate in, and coordinate officials to participate in, and coordinate meetings with state officials to voice local meetings with state officials to voice local oppositionopposition

REGIONAL PLANNING REGIONAL PLANNING COMMISSIONSCOMMISSIONS

THE LAW, EXPECTATIONS THE LAW, EXPECTATIONS

AND REALITIESAND REALITIES A PRESENTATION TO THE BREWSTER A PRESENTATION TO THE BREWSTER

COUNTY COMMISSIONERS COURTCOUNTY COMMISSIONERS COURT January 14, 2008January 14, 2008

Greg HudsonHudson & O’Leary

LLP(512) 441-9941 –

phone(512) 441-1501 –

[email protected]

et