R L Wilson, P.C. Law Firm is now a member of the TSCRA

R L Wilson, P.C. Law Firm and Trey Wilson are now proud Allied Members of the Texas and Southwestern Cattleraisers Association. The organization is a trade group that has long stood for one of Texas' most historic -- and important -- industries.

TSCRA was formed in 1877, when 40 Texas cattlemen joined together out of their common interest to end unbridled livestock theft. Today's association is a grass roots organization composed of cattle producers and operators of all sizes located primarily in Texas and Oklahoma.

TSCRA provides a strong, unified voice for producers and others concerned with legislation and regulation. Texas and Southwestern Cattle Raisers Association is made up of many different people and organizations from different backgrounds, ages, businesses and incomes.

TSCRA offers representation on legislative and regulatory issues by effective, articulate, volunteer leaders sensitive to the grass roots concerns of cattle producers. TSCRA leaders take on key policy- and decision-making roles with other national and state industry organizations. TSCRA monitors all of the issues and can act as a knowledgeable advocate for the cattle producer.

The association also offers support and assistance in the election of conservative, pro-agriculture policy makers. All of these efforts result in members receiving action reports and timely fact sheets on legislative and regulatory issues at the state and national levels.

The association between our San Antonio law firm and the TSCRA is a natural one. As an firm of attorneys dedicated to the protection of private property rights (especially water and land), and to the preservation of Texas' ranching heritage, R L Wilson, P.C. Law Firm has long admired the TSCRA's mission. Today we joined that mission, and look forward to becoming an active member of TSCRA.

Eminent domain reform approved

A bill that would implement a second stage of reforms to Texas’ controversial eminent domain laws was approved by the Texas Senate this afternoon, including a provision to prohibit government land speculation.

The reforms were a key part of GOP leaders’ legislative strategy this session, to complete initial changes made two years ago on the politically sensitive issue — especially among staunch Republicans voters.

In 2007, the issue of eminent domain was a top issue, amid complaints by landowner groups, ranchers, business owners and others that some governmental entities were engaging in land speculation and that they were taking land at the behest of developers and other private interests.

The first stage of reforms designed to stop those practices took effect later that year.

Senate Bill 18 by state Sen. Craig Estes, R-Wichita Falls, would limit eminent domain takings of land for a public use only, require bona fide officers before land could be condemned and require fair compensation to property owners who lose a direct access to their remaining property.

The bill prohibits condemnation of land for private use, and changes procedures to initiate eminent domain proceedings by requiring any actions by governmental entities to be done in public and by a record vote.

In addition, the bill requires a bona fide offer by the condemning entity. If no bona fide offer is made, the entity seeking the condemnation would have to pay all fees incurred by the property owner, according to the bill.

The bill also requires all entities with eminent domain powers to register with the Comptroller of Public Accounts by Dec. 31, 2010 or risk losing their condemnation authority.

“Private property and the right to own it, and profit from it, is fundamental to not only our economic liberty, but also our personal liberty,” Estes said. “Senate bill 18 provides meaningful eminent domain reform and strengthens the rights of property owners against the use of eminent domain by government and other condeming authorities.”

The bill was approved 31-0. It now goes to the House for consideration.

One of the groups involved in earlier calls to change the eminent domain laws applauded the vote.

“Property owners know that Texas is growing and that our land and water will be needed to accommodate future growth, but that accommodation shouldn’t be at the expense of property owners,” Dave Scott, president of the Texas and Southwestern Cattle Raisers Association, said.

“Members of the Texas and Southwestern Cattle Raisers strongly believe that Texas property owners do not have enough protections under the current eminent domain law. Senate Bill 18 levels the playing field for property owners.

By Mike Ward - Austin American Statesman

JUDGE WATCH: Justice Sharon Keller Amends Her Financial Report, It's Up $2.4 Million

Justice Sharon Keller has submitted her amended financial statements, and boy have things changed.

She has added over $2,400,000 in property and income from the last financial statement that she filed. And, as the presiding chief justice of the Texas Court of Criminal Appeals, she is required by law to reveal in writing all her assets.

Why didn't she just include all this stuff before now?

Her daddy didn't tell her.

That's right. Yes, this is the explanation that the Chief Justice gave the Texas Ethics Commission for this huge, glaring omission.

In her sworn statement, which was filed along with these amended financials, Justice Keller points the finger at her dad - seems he acts as business manager for his four kids, and he's placed properties in all their names. Guess this never, ever got talked about at family gatherings, or that daddy's daughter never thought to ask anything like "what are you using my name for?"

Lawyers never think of things like that.

Still no answer on what she thought she was signing periodically, and one would assume that with $2.4 million in assets floating around, that there were times when Daddy would need Daughter's signature on something.

What are these assets?

According to the financial statement, and the reporting of the Dallas Morning News, these newly revealed assets include:

1. two fast-food restaurants
2. a bank
3. a home on Garland Road
4. another home on Garland Road
5. a commercial tract in Euless, Texas (1.5 acres)
6. 22 Certificates of Deposit (CDs) in four different banks
7. $110,000 investment income.

Must've Been A Nice Surprise

Boy howdy. Wouldn't that be great -- to discover that you own a bank, a couple of restaurants, two houses on Garland Road, some land, some CDs, and you're gonna get over $100K each year in investment income?!! Wow.

Sources:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-keller_02pro.ART.State.Edition2.4aa5bed.html

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As a service to our community, we provide free legal advise to people all over the nation. See us at AVVO, Law Guru, LinkedIn, Twitter, Blogg#1, Blogg#2. We talk about issues that other are not willing to tackle. And we always keep our clients informed about their cases.

We are a general practice law firm capable of handling any legal matter. Our lawyers, will handle your case with dignity and respect. Come see us, and you will know the difference from the moment you walk into our doors, your initial consultation is always free.

Part 2: Public Works Projects & Subcontractors ("First Tier Claimants"): Prime Contracts Less Than $25,000.00

As noted in Part 1 of the series, in most cases, subcontractors ("First Tier Claimants") on public projects who have not been paid by the general contractor may make a claim on the payment bond posted by the general contractor. However, when the general contractor’s contract with the public entity is less than $25,000.00, the general contractor is not required to post a payment bond. Consequently, when the contract is less than $25,000.00, subcontractors have limited lien rights. The lien attaches to money due to the general contractor. (Tex. Prop. Code § 53.231).

To assert a lien, the subcontractor must give notice to both the general contractor and the appropriate public official. (Tex. Prop. Code § 53.232). Subcontractors must ensure that they strictly comply with notice deadlines and content requirements or they risk not perfecting their lien. The subcontractor must give the notice before any payment is made to the general contractor and not later than the 15th day of the 2nd month following the month in which the work was performed or the material furnished. (Tex. Prop. Code § 53.234). The notice must contain specific information relating to the labor performed or materials delivered. The notice must include (1) the amount claimed; (2) the name of the party to whom the materials were delivered or for whom the labor was performed; (3) the dates and place of delivery or performance; (4) a description reasonably sufficient to identify the materials delivered or labor performed and the amount due; (5) a description reasonably sufficient to identify the project for which the material was delivered or the labor performed; and (6) the claimant's business address. (Tex. Prop. Code § 53.233). The notice must also be accompanied by a sworn statement that the amount claimed is just and correct and that all payments, lawful offsets, and credits known to the affiant have been allowed. (Tex. Prop. Code § 53.233). Failure to comply with any of the notice requirements may result in loss of the lien.

When the public official receives notice, he should retain from the money due to the general contractor enough to pay the claim for which the notice was given. (Tex. Prop. Code § 53.233).

A general contractor may file a bond with the public entity to release the lien and obtain the money withheld. (Tex. Prop. Code § 53.236). The subcontractor must sue on the bond within 6 months after the bond is filed. (Tex. Prop. Code § 53.239).

Please visit our blog again in a few days for Part 3: Public Works Construction Projects & Subcontractors: Prime Contracts Over $25,000.00.



Texas law governing public projects can be found in Texas Government Code Chapter 2253 (formerly known as the McGregor Act) and Texas Property Code Chapter 53.



Posted by Sarah F. Berry.