Knowing how government works
Cox Smith works to protect and advance the interests of Texas business and association clients at the state, local and federal government levels. With a lobbying presence in the Texas state capital and strong involvement with leading trade and professional associations, we know how to make the legislative and administrative process work for our clients, and we have the state governmental contacts necessary for effective advocacy. We are present at the Capitol both during the Texas legislative session and during the interim to help protect the interests of our clients. With regular appearance at Finance Commission meetings, we stay on top of administrative issues for financial institutions as well. The result is proactive representation that can help develop government policies to better support and reflect the competitive needs of our clients.

Public affairs and government relations
In 2010, the firm expanded its legislative and public affairs capabilities with the addition of Tom Forbes and Robert Peeler, two accomplished and respected public affairs professionals based in Austin. This association reinforces the firm’s growing presence in Austin, provides a broader state and federal government relations capability for clients, and supplements and complements the existing government relations work being performed for many of the firm’s financial services clients. With a focus on strategic advice and advocacy on legislative and public affairs issues, the alliance has significant benefits for clients and permits the firm’s attorneys to offer a wider range of services in an efficient and seamless manner.

Banking advocacy
We represent the interests of banks and other financial institutions as legislative and administrative policies governing them are formed. Our involvement in various Task Forces of the Texas Department of Banking and Texas Department of Insurance, plus extensive contacts within the Independent Bankers Association of Texas, the Texas Association of Bank Counsel and the Independent Community Bankers of America, mean that Cox Smith is in the forefront of regulatory developments on both the state and federal level. And because our banking team includes registered lobbyists, we can effectively make our clients’ views known as new laws are developed in the Texas Legislature.

We monitor legislative and regulatory developments that concern the industry, draft legislative and rulemaking proposals, testify and provide legal and technical support so that our clients can make their voices heard on proposed legislation or regulations. With our rule-making experience, we often propose changes to agency regulations and prepare comment letters on proposed state and federal agency rules, including legal interpretations that enable our clients to offer new products and services.

Our working relationships with the state and federal financial regulators mean that we can effectively assist banking clients with mergers, acquisitions, regulatory compliance and restructuring. Having played a key role in drafting many of the state’s banking statutes, we quickly and efficiently understand their application in any given issue.

Energy advocacy
Cox Smith lawyers participated in the legislative formation of the deregulated operating environment for electric utilities in Texas, and the firm represents both municipal electric utilities and electric power users in their dealings with the competitive retail and wholesale electric markets in the state. We advise our clients in Public Utility Commission regulatory matters that involve rate proceedings, transmission and distribution, and power marketing. Our lawyers also help private and public entities develop power supply arrangements, aggregated buying groups and cogeneration projects within the state’s deregulated market system.

Clients that our firm represents include a large integrated municipal electric and gas utility with generation, transmission and distribution assets, smaller municipal electric systems, and large- and medium-sized electric cooperative electric distribution systems, as well as large commercial and industrial customers participating in areas open to Texas retail electric competition.

We are active in transactions and proceedings involving, electric interconnection issues, construction of nuclear and fossil-fuel generation facilities, renewable energy projects, and inter-utility relations. Our work also has included public policy advocacy with the PUC and the Texas Legislature, and negotiation of franchise and other agreements with local governments.

Land use advocacy
An important part of our government relations work is representing clients in eminent domain and right of way issues involving local governments, particularly on the many land use controls that apply to large development projects. Cox Smith lawyers are experienced in securing rights of way for projects without costly litigation, thanks to our knowledge of administrative condemnation proceedings and our working relationships with the appointed commissioners in many Texas counties. Our sound, sensible approach helps get projects done, as we use our knowledge of administrative condemnation procedures to develop solutions that both private sector clients and land regulators can agree on.

Municipal law advocacy
At the local level our lawyers work with officials of all types of governmental bodies, including city and county officials and members of special bodies, such as water districts, regional transit authorities, municipal utilities, and other political subdivisions. We represent clients in matters concerning land development, public bidding and procurement limitations, public finance and bond issuance, organization and governance, and many additional local government issues.

Cox Smith also represents Texas municipalities and government agencies in open government and public information-related issues. We counsel these clients on proper subject matter for closed sessions, and proper postings for meetings and subject matter descriptions of issues to be considered.

Election and Campaign Finance Law

The firm’s election and campaign finance practice combines the diverse experience of regulatory, finance, transactional and litigation lawyers. Our team is integrated into the political fabric across Texas, and bring experienced counsel on the important issues facing participants in the political process. We represent companies, trade organizations, governmental entities, officeholders and candidates in navigating through the complex maze of municipal, county, state and federal ethics, election and campaign finance laws. Our lawyers are at the forefront of compliance after Citizens United.

Cox Smith provides advisory and compliance services on: state and federal political committee formation, reporting, and operations; corporate governance and regulatory ethics; candidate and officeholder ethics and finance compliance; lobbying and legislative services at all levels of government; municipal and county law; and tax and trust issues. We regularly represent clients before the Texas Ethics Commission and the Federal Election Commission, along with local ethics commissions and agencies. We are well versed in election and campaign finance litigation, from candidate eligibility to election recounts, recall elections, election contests, campaign finance violations, at the trial and appellate levels.

Our lawyers are accustomed to discretely handling all levels of election law issues, and are prepared to handle the most high-profile disputes.