http://haglundlaw.com/news/ en lcordray@haglundlaw.com Copyright 2012 2012-11-30T17:07:37+00:00 http://haglundlaw.com/site/new_rules_for_self_insured_political_sudivision1 http://haglundlaw.com/site/new_rules_for_self_insured_political_sudivision1#When:17:07:37Z Effective August 2, 2012, the Texas Department of Insurance, Division of Worker’s Compensation (TDI-DWC) adopted new rules requiring that self-insured political subdivisions notify the TWI-DWC when they elect to provide medical benefits to employees by directly contracting with health care providers or by contracting with health care providers through a health benefits pool.  If self-insured political subdivisions provide medical benefits to their employees by directly contracting with health care providers or by contracting through a health benefits pool as of August 2, 2012, the self-insured political subdivision must file a DWC Form 020SI, Self-Insured Governmental Entity Coverage Information, with the TDI-DWC not later than December 31, 2012.  If the self-insured political subdivision makes a decision to provide the medical benefits to their employees (by directly contracting with health care providers or by contracting through a health benefits pool) after August 2, 2012, the self-insured political subdivision must file a DWC Form 020SI with the TDI-DWC no later than 30 days after the date the self-insured political subdivision begins providing medical benefits to the employees in that manner. Download DWC Form 020SI Also, please remember that self-insured political subdivisions must also comply with the proof of coverage reporting requirements outlined in 28 Texas Administrative Code §110.1.  Failure to comply with these regulations is an administrative violation.  Please contact our office if you require assistance with any of the above.  If you wish to subscribe to our website postings, please fill out the request at the bottom of this page to the right. 2012-11-30T17:07:37+00:00 http://haglundlaw.com/site/haglund_law_firm_p.c_sponors_american_cancer_society_cattle_barons_gala http://haglundlaw.com/site/haglund_law_firm_p.c_sponors_american_cancer_society_cattle_barons_gala#When:16:12:18Z Once again this year, the Haglund Law Firm, P.C. was a sponsor of the American Cancer Society’s Pineywoods Cattle Baron’s Gala held on October 13, 2012 at the Moore Farm in Lufkin, Texas. The money raised at the 3rd Annual Pineywoods Cattle Baron’s Gala will benefit the American Cancer Society through research, education, and patient services.  For the more than 1.4 million people who will be diagnosed with cancer this year, the American Cancer Society provides hope, saves lives, and creates more birthdays.  To learn more, visit the Pineywoods Cattle Baron’s Gala Website at http://gala.acsevents.org/site/TR?fr_id=35504&pg=entry. 2012-11-02T16:12:18+00:00 http://haglundlaw.com/site/haglund_law_firm_p.c._to_speak_at_2012_tasa_tasb_convention_austin_texas http://haglundlaw.com/site/haglund_law_firm_p.c._to_speak_at_2012_tasa_tasb_convention_austin_texas#When:19:51:15Z Haglund Law Firm, P.C. to speak at 2012 TASA/TASB Convention, Austin, Texas This year Wayne D. Haglund and Hilary Haglund Walker will join the list of guest speakers at the 2012 Texas Association of School Administrators (TASA) and the Texas Association of School Boards (TASB) Convention to be held in the Austin Convention Center in Austin, Texas from September 28-30th. Their presentations include “Building a Better School Construction Contract”, presented with the other members of the TASB Construction Contracts Committee, “DAEP is no place for my child”, dealing with disciplinary assignment of students to alternative school,  and “When and How to tell when to Lawyer UP for School Administrators facing a crisis”, presented with the Board President and Superintendent of the Ennis Independent School District. For more information about this conference you may visit their website at www.tasa.tasb.org. 2012-09-13T19:51:15+00:00 http://haglundlaw.com/site/haglund_law_firm_p.c._supports_mda http://haglundlaw.com/site/haglund_law_firm_p.c._supports_mda#When:16:05:04Z   Our firm is devoted to helping those in our community and for years, we have supported the Muscular Dystrophy Association (MDA).  We encourage you and your organization to join us and become our partners in crime as we help raise bail  for our employee, Samantha Payne, who is going to jail for children affected by Muscular Dystrophy in an effort to raise money to send these children to camp.  Please feel free to make a donation to this great cause at the link below. https://secure2.convio.net/mda/site/Donation2?df_id=1698&FR_ID=3313&PROXY_ID=1467914&PROXY_TYPE=20&1698.donation=form1 2012-09-12T16:05:04+00:00 http://haglundlaw.com/site/texas_senate_bill_18_documentation_of_eminent_domain_authority_fall_freebie http://haglundlaw.com/site/texas_senate_bill_18_documentation_of_eminent_domain_authority_fall_freebie#When:15:52:58Z Pursuant to Senate Bill 18, enacted by the 82nd Legislature and in effect as of September 1, 2011, all public and private entities in Texas authorized to exercise the power of eminent domain are required to submit a letter to the Comptroller of Public Accounts detailing their legal authority to exercise this power.  The letter must be sent by certified mail, return receipt requested, no later than December 31, 2012.  All powers of eminent domain expire on September 1, 2013 for all entities which fail to submit the letter by December 31, 2012.  This means that the failure to timely submit a proper letter justifying the District's legal authority will result in the loss of this valuable power. Information and a form that can be completed online, printed and mailed by certified mail, return receipt requested, can be found at http://window.state.tx.us/sb18compliance/. If you have any questions or need any assistance in completing the form, please feel free to contact us at (936)639-0007.   The information, comments, and links posted on the blog do not constitute legal advice. No attorney-client relationship has been formed by the blog communication(s) 2012-08-15T15:52:58+00:00 http://haglundlaw.com/site/electronic_mail_read_receipts http://haglundlaw.com/site/electronic_mail_read_receipts#When:18:44:25Z It is this firm’s policy to send all communication by more than one method (i.e., fax and email, or email and regular mail) unless we have confirmation that you have received our communication.  The reason?  Most of the communications sent by this office are time sensitive, and many of our clients are governmental entities or other large employers where we communicate with a large number of personnel.  Because we never know if the person we are communicating with is in the office that particular day, we request a read receipt to let us know that the communication has been received and opened by the recipient.  If we do not receive a read receipt in a timely manner, we assume that the person we are communicating with may be out of the office, and we send the communication by email to other personnel, if appropriate, or by fax or regular mail.  Sending read receipts keeps us informed that our communication was received and is being acted upon, and saves us time, which also saves our client money when we do not charge for our time to send the communication by fax, as well as long-distance telephone charges for the fax.   The information, comments, and links posted on the blog do not constitute legal advice. No attorney-client relationship has been formed by the blog communication(s)       2012-08-03T18:44:25+00:00 http://haglundlaw.com/site/understanding_the_firms_use_of_personal_and_confidential_communication http://haglundlaw.com/site/understanding_the_firms_use_of_personal_and_confidential_communication#When:15:26:20Z When you receive a letter or other communication from our office that states “THIS IS A CONFIDENTIAL COMMUNICATION BETWEEN ATTORNEY AND CLIENT AND MAY NOT BE COPIED OR RELEASED,” it is strongly recommended that you not share that letter with any third party.  If another party needs to know some of the information contained in the letter, it is recommended that you send a letter or email to such third party under your signature providing any information, as to share the communication from our office may be a waiver of your attorney-client privilege.  In an adversarial situation, another party might be able to get copies of far more than just that one communication, if it is determined that you have waived your attorney-client privilege.  Should you have any questions about sharing our communications with someone else, please contact us at (936)639-0007.   The information, comments, and links posted on the blog do not constitute legal advice. No attorney-client relationship has been formed by the blog communication(s)   2012-07-27T15:26:20+00:00 http://haglundlaw.com/site/texas_comptroller_offers_tax_amnesty http://haglundlaw.com/site/texas_comptroller_offers_tax_amnesty#When:17:18:04Z For a limited time, The Texas Comptroller’s Office is offering a limited tax amnesty program which provides for the waiver of penalties and interest on eligible liabilities. Currently through August 17, 2012, eligible businesses may take advantage of this tax amnesty program in which the Texas Comptroller’s Office may waive penalties and interest for businesses that file delinquent tax reports and pay all taxes due, or amend reports that underreported taxes and pay the taxes due. If you would like more information regarding this opportunity for your business, please contact us at (936)639-0007. 2012-06-29T17:18:04+00:00 http://haglundlaw.com/site/political_advertising_for_texas_school_districts1 http://haglundlaw.com/site/political_advertising_for_texas_school_districts1#When:16:30:30Z With election season upon school districts across the state, the law firm thought this would be the ideal time to recap some of the rules of the Texas Ethics Commission and Texas Election Code in regard to the upcoming school trustee elections.  Keep in mind that this article discusses some of the “highlights” in a long list of issues and situations that the Texas Election Code controls as it relates to school trustee elections.   The basic rule in Texas related to political advertising is that school districts, school district employees, and school district officials cannot use public funds, directly or indirectly, for political advertising to advocate for or against a given candidate or a given measure that will appear on the ballot.  These rules are found in Texas Election Code §251.001(16) and §255.003(a).   Political advertising is defined as any communication supporting or opposing a candidate or a ballot measure that, in return for consideration, is published in a newspaper or other periodical or broadcast by radio or television, or appears in a pamphlet, circular, flyer, billboard, or other sign, bumper sticker, or similar form of written communication, or on a website (Texas Election Code §251.001(16)).  The Texas Ethics Commission interprets the prohibition in this statute very broadly.  In fact, according to the Texas Ethics Commission, even the conduct of a meeting on public school property involves an indirect use of public funds.  As such, it appears that any use of the school’s internal e-mail system, mailboxes, PA system, or other mode of communication could constitute a violation of the statute and of the Ethics Commission rules, because it involves an indirect use of public funds or public property.   Board members and school employees who violate this prohibition could face fines or criminal penalties.  In a serious case, violations could also jeopardize the validity of the outcome of an election.   The Texas Education Code provides at §11.169, as follows:  “Notwithstanding any other law, the Board of Trustees of an independent school district may not use state or local funds or any other resources of the district to electioneer for or against any candidate, measure, or political party.”  There is no case law or other legal authority that has offered a definition for the term “electioneer” or the term “other resources of the district” nor has there been any legal authority in Texas specifically interpreting or applying this particular statute.   This leaves districts with a prohibition against political advertising which is used by the Texas Ethics Commission.   The decisions of the Texas Ethics Commission further emphasize that there is no “deminimus” exception to the amount of advocacy that can be used in the school district.   The prohibition on political advertising applies to any officer or employee of a school district.  This means that if a school district employee makes a decision to use district resources in violation of the prohibition against advertising, that employee could individually be fined by the Texas Ethics Commission or could face criminal charges.   It is not permissible for the school to authorize the use of the paid time of any school district employee to create or distribute political advertising.   Further, the Texas Ethics Commission rules provide that no matter how much factual information is included in advertising about an election, any amount of advocacy for or against a candidate or for or against a given measure is impermissible by law.  A violation of this prohibition is a class “A” misdemeanor criminal offense.  The Texas Ethics Commission also has the authority to impose fines for violations of this rule.   The Texas Election Code also prohibits a school district Board member or employee from using or authorizing the use of an internal mail system to distribute political advertising.  An internal mail system is defined as a system operated by a school district to deliver written documents to its Board members or employees.  A violation of this prohibition can lead to adverse employment actions, the imposition of fines by the Texas Ethics Commission, or to criminal prosecution as indicated above.  In other words, if the e-mail address belongs to the school, it should not be used to transmit or receive political advertising.   For more information regarding the rules as it relates to political advertising for school districts, you can find additional information in the Texas Ethics Commission’s Short Guide to the Prohibition Against School District Resources for Political Advertising in Connection with an Election. The information, comments, and links posted on the blog do not constitute legal advice. No attorney-client relationship has been formed by the blog communication(s). 2012-05-07T16:30:30+00:00 http://haglundlaw.com/site/congratulations_to_staff_member_tara_thompson http://haglundlaw.com/site/congratulations_to_staff_member_tara_thompson#When:16:27:16Z Haglund Law Firm is pleased to announce and congratulate staff member Tara Thompson on obtaining her Bachelor of Arts Degree from Stephen F. Austin State University on December 17, 2011.  Tara majored in Criminal Justice with an emphasis on Paralegal Studies with a minor in Psychology.  Tara has worked for the Haglund Law Firm, P.C. since 2007 as a Legal Assistant.  Tara has been an asset to the firm and the Haglund Law Firm team is proud to congratulate her on her achievement. 2012-01-13T16:27:16+00:00