Texas needs a positive definition of “public use” in its eminent domain legislation. Legislative changes in 2005, in response to Kelo, attempted to solve this problem, but they came up short. This analysis takes a look at three of the bills up for consideration this session.
Higher Education
Safe Schools and Fair Standards
Safe Schools and Fair Standards Key points: Texas’s higher education code is not aligned with Supreme Court precedent on the correct standards for defining harassment. Texas statute does not define what makes conduct “severe,” “persistent,” or “pervasive.” The existing legal framework should remain intact but needs updated definitions that protect both free speech and students...
September 28, 2026