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The Lone Star Current VOLUME 22, NO. 3 JULY 2017 THE LONE STAR CURRENT A Publication of Lloyd Gosselink Rochelle & Townsend, P.C., for the Benefit of Its Clients & Friends PHASES AND STAGES: MARTIN ROCHELLE and federal agencies, and individually with the Texas Water Conservation with all aspects of their water-related Association. issues. No doubt Texans all across our state have benefited, and will continue Please join us in wishing him well in to benefit, from Martin’s perspective the next steps of his journey. Martin, and counsel on water-related issues. we thank you. In addition to his accomplishments for his clients, Martin has also led the Firm’s Water Practice Group since IN THIS ISSUE its inception. In this role, Martin has Firm News p. 2 been “leaning forward,” accomplishing Municipal Corner p. 3 his goal of creating a group of water Recap of Regular Session of 85th lawyers in the state that are experts in Texas Legislature every aspect of water law. This success Ty Embrey and Troupe Brewer p. 4 is in large part the result of his efforts Time to Get Ready for September 1 to initiate and continuously champion and S.B. 1004 his edition of our Newsletter the Firm’s efforts on attorney Georgia N. Crump p. 7 comes with the bittersweet T mentoring and career growth. Legislation from the 85th announcement of the retirement Legislative Session Affecting Water of Martin Rochelle, the Chair of the Martin has contributed nearly all of his Districts and Open Government Firm’s Water Practice Group, effective professional career to this Firm, and Statutes October 1, 2017. Martin has been with his achievements will not be forgotten. Stefanie Albright p. 9 Lloyd Gosselink since 1984, joining the Electric and Gas Utility Legislative Firm just months after it was founded. As he begins the next phase of his Wrap-Up: Cities Win Some, Lose In the years that have followed, Martin career, Martin plans to do some Some has been providing unparalleled traveling with Marianne, volunteer Thomas Brocato and Hannah service to the Firm’s clients, as well with a couple of charitable endeavors Wilchar p.11 as helping develop and grow our Firm that are close to his heart, and enjoy Conservation Efforts: Meeting from a group of five attorneys into its some of his favorite hobbies, such Regulators' and Customers' Needs While Extending Supplies* current state. as playing golf at Roy Kizer or Barton Nathan E. Vassar p.12 Creek and mentoring young lawyers. Over the past 33 years, Martin has Our guess is that he will also continue Ask Sheila been a leader in the state on water to pursue his true passion, sound water Sheila B. Gladstone p.13 law and policy, and he has assisted our policy for our state, at the Capitol and In the Courts p.14 clients at the Legislature, before state through his continued participation Agency Highlights p.16 lglawfirm.com FIRM NEWS Lauren Kalisek received the Advancement of Women's Interest Award from the Travis County Women Lawyers' Association and the Travis THE LONE STAR CURRENT County Women Lawyers' Foundation. Lauren received this award at the Published by Annual Grants and Awards Luncheon Lloyd Gosselink on May 12th in recognition of her Rochelle & Townsend, P.C. efforts in updating and expanding 816 Congress Avenue, Suite 1900 the Firm's women and family-friendly Austin, Texas 78701 workplace policies, including the Firm's 512.322.5800 p reduced hours schedule for associates 512.472.0532 f and new parent leave policies. We are lglawfirm.com thankful for Lauren's leadership and dedication in continuing our Firm's culture of being a great place to work. David J. Klein Managing Editor [email protected] Ty Embrey, Ashleigh Acevedo, Michael Gershon, and Lauren Kalisek had the privilege of sharing their knowledge about water law with the Youth Water Leadership Academy, a Texas 4-Water Ambassadors Jeanne A. Rials program, this past month. This Project Editor program gives students an All written materials in this newsletter opportunity to learn about applied Copyrighted ©2017 by Lloyd Gosselink research and technology, water law, Rochelle & Townsend, P.C. policy, planning, and management strategies to help conserve our Lloyd Gosselink Rochelle & Townsend, valued resources. Our Firm is a proud P.C., provides legal services and specialized sponsor of this inspiring program assistance in the areas of municipal, that prepares and builds the future environmental, regulatory, administrative leaders of the Texas Water World. and utility law, litigation and transactions, and labor and employment law, as well as legislative and other state government relations services. Based in Austin, the Firm’s attorneys represent clients before major utility and Claire Labit has joined the Firm's Energy Texas Environmental Superconference on environmental agencies, in arbitration and Utility Practice Group as a paralegal. August 3 in Austin. proceedings, in all levels of state and federal Claire earned her paralegal certificate courts, and before the Legislature. The and Master of Arts in Legal Studies from Ty Embrey will be providing a "Legislative Firm’s clients include private businesses, Texas State University and her Bachelor Debrief" at the Texas Alliance of individuals, associations, municipalities, of Science in biology from Louisiana State Groundwater Districts Groundwater and other political subdivisions. University - Shreveport. Summit on August 30 in San Marcos. The Lone Star Current reviews items of Sheila Gladstone will be giving an Troupe Brewer will be presenting a interest in the areas of environmental, "Employment Law Update" at the Texas "Case Law Update" at the Texas Alliance utility, municipal, construction, and State Bar Advanced Government Law of Groundwater Districts Groundwater employment law. It should not be construed as legal advice or opinion and is not a Seminar on July 28 in Austin. Summit on August 31 in San Marcos. substitute for the advice of counsel. Sara Thornton will be presenting Troupe Brewer will be giving a "Legislative To receive an electronic version of The Lone "'Dammed' If You Do and Damned If You Update" at the American Water Works Star Current via e-mail, please contact Jeanne Rials at 512.322.5833 or jrials@ Don't: Complying with Section 404 of the Association North Texas Chapter Drinking lglawfirm.com. You can also access The Clean Water Act in the Development of Water Seminar on October 20 in Fort Lone Star Current on the Firm’s website at Critical Water Supplies" at the 29th Annual Worth. www.lglawfirm.com. 2 | THE LONE STAR CURRENT | Volume 22, No. 3 MUNICIPAL CORNER A Texas court would likely conclude that extra compensation would prohibit a new the Public Information Act expressly a county's longevity pay policy for county county officer from receiving longevity makes that same information public. Tex. officials may include the prior service pay under a policy that did not specifically Att’y Gen. Op. KP-0151 (2017). of the individual as a county employee, authorize it, the opinion acknowledged a so long as the longevity payments are county commissioners court could adopt The AG was asked whether Section provided prospectively from the date the a new longevity pay policy that did include 552.1175 of the Public Information Act policy is adopted. Tex. Att’y Gen. Op. KP- county officers on a prospective basis. applies to except personal information 0135 (2017). contained in certain reports filed with The AG explains that a policy operates the Texas Ethics Commission (“TEC”) The Houston County Attorney asked the prospectively (and constitutionally) when from disclosure to the public, or whether Texas Attorney General ("AG") whether a a benefit becomes a term of employment, those documents must be made available county may provide longevity pay to an and employees receive that benefit only t o t h e p u b l i c t h r o u g h o t h e r s t a t u t e s , i . e . , elected county official for time worked for work performed after the benefit is § 254.0401. TEC administers and enforces as an employee for the county. In 2008, established as a term of employment. laws requiring certain persons to file the Houston County Commissioners Noting that Chapter 152 of the Texas Local campaign finance reports, lobby reports, Court amended its employee handbook Government Code authorizes longevity and financial statements. Those reports to adopt a longevity policy that applies pay as a form of compensation, the AG contain certain personal information, to “employees, those appointed by states that a constitutional longevity and the Chairman of the TEC asks to what Commissioners Court, and elected policy does not authorize payment for extent § 552.1175 is in conflict with the officials." In 2016, the handbook was an employee's past service, but rather TEC’s statutory requirements to make amended again for the purpose of "codify authorizes longevity payment for current information in reports filed with the TEC the ongoing practice of paying longevity services provided while recognizing a available to the public, including on the pay to elected officials." However, the person's enhanced value to his or her Internet. County was uncertain if the policy was employer because of the person's many valid after the issuance of AG Opinion KP- years of experience and knowledge. See The AG notes that § 552.1175 specifically 0060. Article III, Section 53 of the Texas United States v. Alger, 151 U.S. 362, 363 exempts from public disclosure certain Constitution forbids paying "any extra (1894). information that relates to the home compensation, fee or allowance to a public address, home telephone number, officer, agent, servant or contractor, after The AG concludes that Art.
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