Senate Bill 2373 would allow the Texas Attorney General to sue social media companies for restricting users’ freedom of expression. Such restrictions are widely being called censorship. The truth is, no private entity can engage in censorship. It may ban the expression of certain ideas on its platform, but it cannot penalize individuals for expressing…
The Texas House recently heard testimony on the regulation of short-term rentals (STRs) by local governments. The City of Austin has targeted STRs that are not occupied by the owner. According to the Austin Monitor: Daniel Armstrong, a code enforcement officer with the city, told the House Urban Affairs Committee that the bill would kneecap…
Opponents of short-term rentals (STRs) often claim that the owners of such properties are operating a commercial business in a residential area. In most neighborhoods, either zoning or deed restrictions prohibit such activities. As an example, last year, the Texas Supreme Court ruled in favor of an STR owner who was cited by his homeowners…
A new group has been formed to oppose the proposed bullet train between Dallas and Houston. ReRoute the Route–a coalition of land owners, elected officials and business leaders– is arguing that, “This project needs to be built right, using existing right of way and connecting to city centers; or not built at all.” In other…
On January 3, Tucker Carlson delivered a diatribe ostensibly attacking the ruling class in Washington. But his real message was much more subtle, and much more sinister. It was, first and foremost, an attack on the free market. Like many other pundits, Carlson looks at the myriad problems plaguing America and blames the pursuit of…
For decades, legislative bodies have enacted laws that prohibit businesses and landlords from discriminating against an ever-growing list of individuals, such as ethnic and racial minorities, women, gays, the handicapped, and more recently, transgender individuals. Like many other issues involving the violation of property rights, anti-discrimination legislation is founded on fuzzy and imprecise thinking. It…
A recent editorial in the Austin American-Statesman called for legislators to enact “common-sense” reforms of the state’s civil asset forfeiture laws. The editorial correctly notes that Gov. Greg Abbott and many Republican lawmakers have trumpeted the cause of private property rights when it comes to annexation, fracking bans or local tree ordinances, yet they have…
The upcoming legislative Texas legislative session promises to include another battle between the state and local governments. Lawmakers have already introduced or plan to introduce bills to reign in local ordinances regarding mandated sick pay, regulations on short-term rentals, and local increases in property taxes. Municipal governments claim that such actions on the part of…
A recent story in the Texas Tribune details the difficulties that the holders of Section 8 vouchers have in locating landlords who will accept the federal housing subsidies. (The federal government pays a portion of the monthly rent for those with a Section 8 voucher.) Under Texas law, landlords are not required to accept the…
In Texas, ownership of subsurface resources, such as oil and water, is governed by the “rule of capture.” If an individual or business can “capture” the resource–bring it to the surface–it becomes his property. The rule of capture has often been called the “law of the biggest pump.” As the website for Texas A&M explains,…
An Oakland couple was recently forced to pay $6,582 in order to reoccupy their own home. The military couple had been renting the house while stationed in Washington, D.C. An Oakland ordinance, passed in January of this year, requires landlords to pay tenants a “relocation” fee if the landlord wants to end a lease for…
Planet K, a central Texas retailer of e-cigarettes, pipes, incense, and assorted items for adult entertainment, filed a lawsuit against the city of Bryan in early November. The lawsuit alleges that the city’s sign ordinance is unconstitutional and violates the company’s free speech rights. At the heart of the dispute is an on-premise sign that…