For decades Cox Smith has served as counsel to municipalities and governmental units in central, south, and southwest Texas. We have also worked with clients at the state government and legislative level. Our lawyers have practical knowledge of how public policy is made and implemented, and we have a wide range of experience in advocating clients’ view points in agency rulemaking and administrative litigation. We also advise on governmental operations, from tax-exempt financing and open government to employee benefit programs.

Client focus

• Municipal electric, gas, and water utilities
• City and county governments and related agencies
• State government agencies
• Educational institutions
• Public health entities

Services to municipal utilities
Regulation. Cox Smith helps large municipal electric and gas utilities and mid-sized and smaller municipal electric distribution systems deal with the deregulated operating environment for electric energy in Texas. We advise our clients in PUC regulatory matters that involve rate proceedings, transmission and distribution, and power marketing.

Land use. An important part of our government agency work is representing public utility clients in land use issues, particularly eminent domain and right-of-way disputes. Municipal utilities that we assist in such actions include the primary publicly owned electric, natural gas, and water systems in San Antonio.

Services to city and county governments
Operations. We represent city and county governments and special bodies in matters concerning land development, public bidding and procurement limitations, public finance and bond issues, organization and governance.

Open meetings. Cox Smith helps municipalities and government agencies comply with state open meetings and public information laws and regulations. We counsel these clients on proper subject matter for closed sessions, proper postings for meetings and subject matter descriptions of issues to be considered, as well as in responding to information requests made under the Texas Public Information Act.

Employee benefits. A wide range of Texas governmental entities rely on Cox Smith for employee benefit guidance. Our lawyers advise these clients on the best ways to structure and administer their benefit and pension plans. Although these plans are not subject to the requirements of the Employee Retirement and Income Security Act (ERISA), their unique complexities in funding and compliance require our guidance on state law requirements that apply to non-ERISA qualified and Section 457 plans.

Services to state government agencies
As part of Cox Smith’s long commitment in Texas banking, our lawyers have close working relationships with the offices of the Texas Banking Commissioner and the Texas Insurance Commissioner and are involved in various Banking Task Forces of the Texas Department of Banking. Having played a key role in drafting many of the state’s banking statutes, we often propose changes to agency regulations and prepare comment letters on proposed agency rules.

Services to educational institutions
Technology development. Cox Smith lawyers serve as legal and business counselors to major research universities on their technology development and venture business incubation efforts. For example, we advised on the first successful spinoff of a company started at the University of Texas Health Science Center at San Antonio.

Tax. We regularly advise colleges and universities on a broad range of tax and ERISA issues. These include tax qualification, benefit and pension plan compliance and administration, and fiduciary duty issues. Recently we represented a university in amending and restating its Section 403(b) annuity plan.