About WDFloyd

Dave Floyd is an attorney, real estate broker, real estate investor, and trivia host in Austin, Texas. He works with the Foskitt Law Office and is an owner of Floyd Real Estate. He lives in the Zilker Neighborhood, and is a graduate of the University of Texas at Austin and the Washington & Lee University School of Law.

Friday, March 8, 2013

Texas HB 2932 Aims to Regulate Self-Driving Cars



Texas Lawmaker Files Bill to Regulate Self-Driving Cars


Two weeks after Google showcased its self-driving car to local officials in Austin, a Texas lawmaker has filed a bill attempting to regulate the use of the futuristic technology.

State Rep. Giovanni Capriglione, R-Southlake, filed HB 2932 on Thursday to define “autonomous motor vehicle” and “autonomous technology” in the state’s transportation code. The bill would require that a licensed driver be held responsible for such a vehicle when it is in use, even if the car is operating without the driver inside it. It also directs the Texas Department of Transportation to set up rules for the use of such vehicles in the state, including minimum insurance requirements. Nevada approved similar laws last year, though that state requires a person in the driver's seat and passenger's seat of a self-driving car while it is in use.

Google demonstrated its self-driving car last month at the Texas Transportation Forum, a conference hosted by TxDOT. Company officials told The Texas Tribune they didn’t solicit permission or clearance from any state agencies before testing the car on public highways and streets in Texas because the state’s laws only refer to cars operated by drivers. The company drove the car in autopilot mode through parts of Texas to get it to the conference in Austin. Google employees then offered demonstrations of the car’s self-driving technology on I-35 to local and state officials.

Anthony Levandowski, project manager for Google’s self-driving car research, said at the conference that he hoped to have self-driving software on the market within five years. Company officials have said they are working with both state and federal regulators on updating driving regulations to address self-driving vehicles. 


Editor's Note: An earlier version of this story mischaracterized the proposed bill's requirements related to self-driving vehicles and licensed drivers.

Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.


This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/03/07/texas-lawmaker-files-bill-regulate-self-driving-ca/.

Texas HB 544 Would Undo Law That Makes Theft of a Penny a Felony




Lawmaker Aims to Undo Law That Makes Penny Theft Felony


For the past year and a half, stealing a penny in Texas has been a felony under state law.

Lawmakers didn’t set out to target the smallest of small-time thieves, though. It happened inadvertently in 2011 when they passed a bill aimed at curbing the growing problem of metal theft. State Rep. Tim Kleinschmidt, R-Lexington, has filed a bill to correct the goof.

In 2011, Gov. Rick Perry signed Senate Bill 694, which edited a line in the penal code focused on theft valued at less than $20,000. The law originally classified such theft as a state jail felony if at least 50 percent of the stolen item was made of certain metals, such as copper or aluminum. SB 694, authored by state Sen. Royce West, D-Dallas, struck out the 50 percent threshold, which allowed items of any value with even tiny amounts of copper to fall under the statute.

A penny is 2.5 percent copper, according to the U.S. Mint.

Prosecutors haven’t seized on the accidental felony as an excuse to start rounding up penny thieves, but the Texas District and County Attorneys Association has cited the law as an example of the unintended consequences of legislation. Though the potential penny felony has drawn more attention, prosecutors have joked they could also use the law to amp up the penalty for someone who steals a 12-pack of beer from a convenience store, said Shannon Edmonds, the group’s director of governmental relations.

“You could raise it to a felony by charging them with theft of aluminum,” Edmonds said.
Kleinschmidt, a lawyer who has handled some copper wire theft cases in the past, filed a bill this session to narrow the statute so that pennies and aluminum cans are no longer covered.

“It’s just a hole in the statute that needs to be fixed,” Kleinschmidt said.

Kleinschmidt’s bill, HB 544, would require that the enhanced penalties only apply to metal thefts worth $500 or more. He said the current law, with no minimum value for felony-grade metal thefts, is too broad and confusing.

“It just happened to strike a chord with me because I do that work,” Kleinschmidt said. “It’s just not fair.”

The Texas Association of Builders, along with various other business organizations and police departments, backed the original bill in 2011 as part of an effort to more aggressively pursue metal thieves, including those that took copper wiring. A spokeswoman for the association said it did not have a comment on Kleinschmidt’s bill.


Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/03/06/lawmaker-hopes-narrow-law-covers-penny-theives/.

Monday, March 4, 2013

Amplify Austin! Donate to Habitat for Humanity by 7p Tomorrow!

I have embedded the form from the Amplify Austin page to support Austin Habitat for Humanity:


Insurance coverage for healthcare False Claims Act, Stark, and HIPAA/HITECH government investigations - ACC Newsstand - Powered by Lexology

Insurance coverage for healthcare False Claims Act, Stark, and HIPAA/HITECH government investigations - ACC Newsstand - Powered by Lexology

$20 million for cybersecurity - ACC Newsstand - Powered by Lexology

Dept of Energy plans to award $20 million for cybersecurity... - ACC Newsstand - Powered by Lexology

Bill to Allow a New and Not Fun Use for Social Media

It was nice to see +Sara Foskitt Twitter quoted in a March 1st posting in the Texas Lawyer regarding H.B. 1989 in the Texas Legislature which would allow substitute service of citation via social media networks.  The text of the bill reads as follows:


A BILL TO BE ENTITLED
AN ACT
relating to substituted service of citation through a social media website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 17, Civil Practice and Remedies Code, is amended by adding Section 17.031 to read as follows:
Sec. 17.031.  SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA WEBSITE.  (a)  If substituted service of citation is authorized under the Texas Rules of Civil Procedure, the court may prescribe as a method of service under those rules an electronic communication sent to the defendant through a social media website if the court finds that:(1)  the defendant maintains a social media page on that website;(2)  the profile on the social media page is the profile of the defendant;(3)  the defendant regularly accesses the social media page account; and(4)  the defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant's account.(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.SECTION 2.  This Act takes effect September 1, 2013.
If you're interested in following this progress of this bill, then visit it's page at The Texas Legislature online and add it to your alert list.   You can follow the Foskitt Law Office via it's Twitter account.

Thursday, February 21, 2013

AYLA Docket Call

The Austin Young Lawyers Association Docket Call happy hour is tonight at Cedar Door.   There is ample parking in nearby city garages, and Cedar Door now apparently has a valet.

As always, AYLA members get in for free.

+Dave Floyd is on the AYLA Board of Directors

Wednesday, February 20, 2013

Follow Up: Creative Fund's February Happy Hour



It was great to see everyone at The Creative Fund's February happy hour last evening.  In addition to the good turn out, we enjoyed a monologue by one of Hidden Room Theatre's performers (this is who the people in the photo are watching).  I hadn't spent time in Aviary Decor before last evening; it's a great space with good ambience and an interesting selection of home decor items.  This is further enhanced by the excellent wine selection (I had a glass of the 2011 Chateau Ducasse Bordeaux Blanc and was especially impressed).



The Creative Fund's Vision:


The Creative Fund's vision is to connect emerging Austin artists with patron resources, elevating works of art into larger venues with larger audiences.  Check out The Creative Fund's fact sheet for more information.


Top Ten Considerations for Utilizing Cloud-based File Sharing Services - Association of Corporate Counsel (ACC)

Top Ten Considerations for Utilizing Cloud-based File Sharing Services - Association of Corporate Counsel (ACC)

Understanding the Dark Sides of the Cloud: Top Ten Legal Risks for Cloud Computing Users - Association of Corporate Counsel (ACC)

Understanding the Dark Sides of the Cloud: Top Ten Legal Risks for Cloud Computing Users - Association of Corporate Counsel (ACC)

Be careful what you wish for: when drafting indemnification clauses, you may get exactly (and only) what you ask for - ACC Newsstand - Powered by Lexology

Be careful what you wish for: when drafting indemnification clauses, you may get exactly (and only) what you ask for - ACC Newsstand - Powered by Lexology

Tuesday, February 12, 2013

Google Does Street View to the Grand Canyon

The Grand Canyon (W.D. Floyd)

The Grand Canyon: more than just a giant hole in the ground, it really is one of America's most awesome natural spectacles.  I have been to Grand Canyon National Park twice, but unfortunately have only had time to drive the South Rim.   Hiking in the Grand Canyon and rafting the Colorado River are high on my to-do list.  Until then, our pals at Google have given me a preview with new Street Views of some spots in the area.

You may be thinking: "how can that be? There are no streets in these panoramic photos."

Google has solved this problem by inventing The Trekker, which Google describes as "our latest imagery-gathering apparatus, is a wearable backpack system that allows us to venture to locations only accessible by foot."

If you have seen the Street View car around around your city, imagine it's roof mounted ball (of cameras) now protruding from a hiking backpack.  The intent of the Trekker is to expand the Street View catalogue to include hard to reach places of natural beauty and historic significance.

Check out the images of the Grand Canyon and surrounding area.  [note: Meteor Crater is not in the Grand Canyon.  It is about two hours away, between Flagstaff and Winslow.]

Austin Events: Creative Fund Happy Hour

The Creative Fund is having its next Happy Hour on Tuesday, February 19th, at Aviary Decor on South Lamar.  There will be an up close performance by Hidden Room and a chance to win wine.  Find out more on The Creative Fund's February Happy Hour's Facebook event page.

Friday, February 8, 2013

Texas Bar Foundation

The Prism Risk Management blog just posted the announcement that I was recently selected to be a Fellow of the Texas Bar Foundation.  I am honored to have been chosen to join this group of Texas lawyers.

+Dave Floyd is an attorney and business owner in Austin, Texas.

Tuesday, January 29, 2013

U.S. Department of Health and Human Services publishes final HIPAA rule alert - ACC Newsstand - Powered by Lexology

U.S. Department of Health and Human Services publishes final HIPAA rule alert - ACC Newsstand - Powered by Lexology

Austin Events: Texas Advocacy Project's Share the Love Fundraising Cocktail



The Texas Advocacy Project is hosting it's Share the Love fundraising cocktail on Wednesday 2/6 at Molotov on West 6th in Austin.  General admission tickets are only $20 with VIP tickets for $150.  You can buy your tickets in advance.  Proceeds go to support the Project's mission to use legal solutions to end domestic violence, sexual assault, and stalking in Texas.


+Dave Floyd is Board Secretary for The Texas Advocacy Project



Friday, January 25, 2013

Crawfish in Austin


It's crawfish season (cue the applause).  If you are looking for a delicious and fun crawfish boil this weekend in Austin then head down to the Shoal Creek Saloon at North Lamar and 9th (check the website for details on availability during the week).  For extra fun, take advantage of the weather and ride your bike there.

Also, this weekend is a great time to buy tickets to:



Enjoy yourselves this weekend.

Thursday, January 24, 2013

A Disturbing Infographic on Fat



Damn.  Looking at this chart not only makes me regret the fried chicken I ate for lunch, but also to do a lot of cycling and Krav Maga next week.  Or, maybe I should follow the impressive training program used by +Sara Foskitt to prepare for the 3M Half Marathon.  It was Sara's first Half, and she finished with an impressive time.  I have never run a Half Marathon, but it's something I'd like to do in the next couple of years.

Wednesday, January 23, 2013

Austin Happy Hours: The Creative Fund

There is a Creative Fund happy hour tonight at Dive Bar & Lounge on Guadalupe.  Drop by between 6-8 to learn more about The Creative Fund and the upcoming Gatsby themed fundraising event.  Keep an eye out for me and/or membership chair +Hank Morris.

If you can't make it tonight, be sure to follow The Creative Fund on Twitter for updates about upcoming events and "like" The Creative Fund on Facebook.





MissionTo fund new and innovative performing arts at any venue in Austin.
VisionTo connect emerging artists with patron resources, elevating innovative works of art into larger venues with larger audiences.



Tuesday, January 22, 2013

Austin Events: Gatsby Fundraiser for The Creative Fund





Get your tickets now for The Creative Fund's Gatsby themed event at Austin's Caswell House on January 31st, 2013.  If you enjoyed last Spring's Through the Looking Glass event, then you will find even more to like at Gatsby.  There will be small theatre style performances throughout the evening, plus music by Ava Arenella.  Watch the video, and then imagine this music in a speakeasy setting.  Exactly.  We'll see you there. 

Tickets are free for Creative Fund members.

Non-members pay $35 online, $50 at door.

The Creative Fund raises money in order to provide rental subsidy grants to performing arts groups so that the can access venues in Austin.




Web Users Settle Claim Against Web Analytics Company for "Surreptitiously" Tracking Web Browsing



Check out the latest post on the Prism Risk Management Blog:  Web Users Settle Claim Against Web Analytics Company for "Surreptitiously" Tracking Web Browsing




Austin based +Prism Risk Management, LLC provides consulting and management services.  +Dave Floyd is CEO & General Counsel.