
2025
Government Law
and Liability
Conference
The Office of the Attorney General will give CEU/CLE credits from the following organizations to those who attend the conference in person: You must sign in daily to get CEU credit.
• Texas State Bar - 13.00 hours
• Pension Review Board - 12.75 hours
Course Numbers and QR Codes will be included in the printed agendas provided at the conference.
You will be able to print your own certificate of participation after the conference.
Materials will be posted on the conferences and training webpage of the OAG website after the conference.
Agenda
Thursday., October 16, 2025
8:00 - 8:15 a.m. Welcome Remarks
8:15 - 8:30 a.m. OAGs Administrative Law Division: Litigators and Counselors for Texas Agencies
This session, led by the division chief, outlines the Administrative Law Division’s role in representing state agencies as their chief litigators. Discussion will cover the elements of a successful enforcement case, the role of the general counsel lawyer, and best practices for serving the agency client.
8:30 - 9:00 a.m. The New Fifteenth Court of Appeals
This session will cover recent cases coming out of the Fifteenth Court of Appeals that are of particular interest to lawyers who sue and defend state government, including matters arising under the Public Information Act, Open Meetings Act, Administrative Procedure Act, and discovery disputes on appeal. Attendees will also learn about the jurisdiction of the new court and which types of cases are and are not suited for appeal. Justice Field will provide an update on the developing case law, offering insights indispensable to AAGs and other state lawyers as they prepare disputes for success at trial and on appeal.
9:00 - 9:30 a.m. Statutory Construction and Agency Deference
This session provides an in-depth review of recent case law on statutory interpretation and agency deference, focusing on significant rulings from the Texas Supreme Court and the Fifteenth Court of Appeals. The presentation also addresses the practical implications of these decisions for professionals working at the agency level.
9:30 - 10:15 a.m. State Agency Rulemaking and Rule Challenges
This session examines the agency rulemaking process from initial publication to final adoption, with an emphasis on changes resulting from the 2025 Legislative Session.
10:15 - 10:30 a.m. AM Break
10:30 - 11:30 a.m. New Legislation Addressing State Agencies
This session provides an overview of key legislation enacted during the 89th Legislative Session,
11:30 - 12:00 p.m. Ethics for Government Lawyers
This session reviews recent changes to the Texas Disciplinary Rules of Professional Conduct, with an emphasis on the ethical and human resources responsibilities of supervisory lawyers.
12:00 - 1:30 p.m. Working Lunch Presentation (AI in the Practice of Law)
This session examines how artificial intelligence is transforming litigation, including applications in legal research, brief drafting, document review, and client communication. Discussion will address practical safeguards and the ethical obligations Texas lawyers must consider such as competence, confidentiality, and candor toward the tribunal. while offering guidance on using AI responsibly in legal practice. Attendees will leave with a clear understanding of AI’s benefits, limitations, and the steps needed to use it responsibly in their practice.
1:30 - 2:00 p.m. Sovereign Immunity - Liability of State Officers
This session provides an overview of sovereign immunity and official immunity as they relate to non-tort claims. It will also address indemnification issues, including how indemnification is determined, its impact on settlement, and the implications of state claims versus federal claims.
2:00 - 2:30 p.m. Texas Tort Claims Act, Agency and Individual Employee Exposure, Trends in Law
This session reviews the Texas Tort Claims Act and the legal exposure it creates for state agencies. It also examines current trends in individual employee liability under Section 101.106 of the Texas Civil Practice and Remedies Code.
2:30 - 3:15 p.m. Conflicts of Interest for Agency Officials
This session examines the provisions of the Texas Government Code governing conflicts of interest and recusal. .
3:15 - 3:30 p.m. PM Break
3:30 - 4:00 p.m. Responding to Third Party Subpoenas
This session outlines best practices for responding to third-party subpoenas, including procedural requirements, agency obligations, and strategies for ensuring compliance while protecting sensitive information.
4:00 - 4: 30 p.m. From Contested Case to Final Agency Order
This session examines how Agencies’ own statutes and rules set the groundwork for the actions the agency may take, and how the legal procedures, hurdles, and considerations of state agencies and their governing boards under the Administrative Procedure Act are varied and play a big role in posturing the agency to successfully enforce and defend its actions in the licensing and regulatory arena.
4:30 p.m. Conference Day 1 Adjourns
Friday., October 17, 2025
8:00 - 8:15 a.m. Welcome Remarks
8:15 - 9:00 a.m. Case Law Update
This session provides updates on recent state and federal cases involving immunity, the APA, agency contracting, and other areas of law impacting state government operations.
9:00 - 9: 45 a.m. Occupational Licensing
This session provides an overview of the Texas Medical Board’s authority to issue cease and desist orders to address the unlicensed practice of medicine. Discussion will include SB 268, the Yannuzzi case, and the Board’s information sharing with other agencies regarding cease-and-desist actions taken against other license types.
9:45 - 10:15 a.m. How to Refer the Best Enforcement Case to OAG/ALD
This session focuses on the preparation of a case for enforcement and its many components, including complete and current investigations, investigative reports, affidavits, and the application of statutes and rules. This presentation will address the general elements of an enforcement action at SOAH of an agency covered by the Texas Occupations Code at SOAH under the Administrative Procedure Act. The speaker will describe and provide examples of enforcement in court under an agency’s own enabling statute. Agency attorneys will leave this presentation properly armed to prosecute the strongest enforcement case.
10:15 - 10:30 a.m. AM Break
10:30 - 11: 15 a.m. SOAH AJL Panel
This panel provides an overview of the State Office of Administrative Hearings (SOAH), including its constitutional backdrop and notable cases. Discussion will cover SOAH rules, notice-related issues and procedures, and how written pleadings influence the preparation of a written decision.
11:15 - 12:00 p.m. Employment Law for State Agencies
This session reviews recent legal developments in harassment and retaliation claims, with a focus on issues related to personal liability for individuals in the workplace.
12:00 - 1:30 p.m. Lunch on Your Own
1:30 - 2:00 p.m. Responsibility and Authority of the Attorney General, including Functions and Initiatives
This session covers the authority and responsibilities of the Attorney General and provides a high-level overview of the Office of the Attorney General’s functions and initiatives.
2:00 - 2:30 p.m. Keynote Presentation: Notes from the Texas Supreme Court
Drawing from his experience on the Texas Supreme Court and as an appellate litigator, Justice James P. Sullivan will provide practical guidance on appellate advocacy. The session will focus on the brief writing process and oral argument, highlighting techniques that promote clarity, precision, and attentiveness to the judicial audience. Attendees will gain strategies for crafting persuasive briefs and delivering effective oral arguments that anticipate judicial concerns and address them directly. The session will conclude with a Q&A period, allowing participants to further explore best practices in appellate advocacy.
2:30 - 3:00 p.m. Declaratory Judgements and Ultra Vires Claims
This session explores the intricacies of the Uniform Declaratory Judgments Act and ultra vires claims against agencies and government officials, with attention to the statutory framework and recent case law. Discussion will focus on the role and applicability of these claims in agency regulatory actions and rulemaking, as well as the exception to sovereign immunity they present.
3:00 - 3:15 p.m. PM Break
3:15 - 3:45 p.m. Texas Open Meetings Act for State Boards and Commissions
This session reviews the requirements of the Open Meetings Act, including its purpose, applicability, procedural rules, and common compliance considerations for governmental bodies.
3:45 - 4:15 p.m. Public Information Act
This session explores the legal foundation for the Public Information Act’s applicability to emails, text messages and cell phone records, and social media. Discussion will also address common exceptions to disclosure that may apply.
4:15 p.m. Conference Day 2 Adjourns