Questions tagged [texas]

Questions specific to the State and laws of Texas.

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1answer
94 views

Tenant's Son Living on property

Have a tenant who moved son in with them without asking permission. Son not on lease. Has been living there for about 3 months before this was discovered. Asked tenant to move son out. Asked tenant ...
0
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1answer
65 views

What exactly does this mean?

I've been a condo association President for a couple of years now and I keep finding older residents that have come up with their own interpretations over the years, so if something isn't clear, I do ...
2
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1answer
51 views

Employer is paying me hourly, but not paying me overtime

Can an employee be Exempt and hourly? Currently I work for a private company in Houston, TX as an Director of Nursing - Case Manager, I get paid hourly, but don't get paid overtime. Can anyone please ...
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0answers
20 views

IRA Contributions NOT Deposited

I have been working for this company that has less then 50 people for several years and back in Aug 2019 the accountant walked out. Since then i have been contributing to my IRA account $112.00 by ...
2
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1answer
70 views

What exactly does “It is a defense to prosecution” mean?

Consider the Texas Child Safety Laws found here: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.412 It says in one place: (c) It is a defense to prosecution under this section ...
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0answers
25 views

Can Texas Nuisance Law Violation be filed by a tenant against another tenant?

So in Texas I have learned there are Nuisance Laws reading this documentation: https://agrilife.org/texasaglaw/2016/06/27/texas-supreme-court-addresses-nuisance-law/ Can the above be applied by a ...
0
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2answers
215 views

Accusing me of committing hit and run (when I didn’t)

I got a call from an investigator from Arlington Texas informing me that a couple has accused me of hitting their car in in December in their apartment complex parking lot. The husband stepped out of ...
0
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1answer
62 views

Can one tenant consider breaking the lease on the part of management if a neighbor violates smoking policy in Texas?

If a neighbor is being exposed to second hand smoke in an apartment complex and the other party doing the smoking is doing it in a way that breaks the lease, could that be grounds in Texas for the ...
1
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1answer
159 views

Can land lord prevent room sharing overnight due to religious reasons? We both pay rent separately and have two separate rooms

Landlord is trying to prevent bf and I from sleeping in one room overnight. We both have our own rooms. However I mostly just use it to change and store my stuff. He made a written agreement after I ...
0
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2answers
186 views

Pregnancy discrimination. Wife asked (but not forced) to quit job. What further actions can we take? [closed]

Not long after my wife informed her Lead she was pregnant, the Lead sat her down and encouraged her to consider quitting in order to be with the family. We plan to go to the HR department about this ...
3
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1answer
71 views

Refusing income or payment without tax liabilities

I am part of a non-profit organization that is insisting on paying me for my time. For personal reasons, this payment is more costly for me to accept than to disclaim it entirely. Is there a proper ...
2
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0answers
125 views

Nuisance neighbor shining green laser light into my bedroom window

Does anyone know if its illegal to shine a green laser light into someone's bedroom in the state of Texas? I know its illegal to shine it on police officers, but it seems other citizens are open game ...
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0answers
48 views

Remarriage after divorce

I just had a question about remarrying after a divorce. Is it legally required to show a divorce decree at the time of remarriage? Also how would it effect the marriage registration if one didn't ...
3
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2answers
82 views

Which state's statue of limitations for debts applies, for credit card debt?

I used to live in South Carolina, USA and lost my job. As a result I defaulted on credit card debt. I have not paid anything on it for the last year and the debts were "Charged Off", and are in ...
2
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0answers
36 views

Does a broken light in a common area qualify for repair-and-deduct in Texas?

I have placed two work orders to management at my apartment complex for a light that has been out for over a week in the breezeway of my apartment complex making it really dark at night and a ...
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2answers
1k views

Is shipping an 80% lower to someone in Washington Illegal

I was apart of a conversation where one person who lives in the state of Washington wanted someone who lives in Texas to buy a glock 80% lower for them and ship it to them in Texas. To me, this sounds ...
0
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2answers
79 views

What motions to file or action to take with an uncooperative court clerk?

I've filed pro se motions in traffic cases before, but this case has me stumped. I was stopped and ticketed for a minor traffic violation of texting while driving and received a court date. When I ...
0
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1answer
39 views

How does Texas law determine what business owner is misclassifying?

I just happen to be reading this article, and as an independent business owner it upsets me how the media paints business owners who have independent contractors as "misclassifying" their employees. ...
0
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1answer
69 views

Transferring non-operational vehicle title to new owner in different state

I recently got married, and my new father in law gifted us a classic vehicle that needs a bit of repair to be operational. The vehicle is currently titled in California as a non-operational vehicle, ...
2
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1answer
254 views

What is the speed limit in a school zone the moment it becomes active?

Let's say a vehicle enters an inactive school zone going exactly the speed limit of 30mph. Then the school zone (20mph) turns on while the vehicle is still inside. What is the current speed limit ...
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4answers
74 views

criminal v. civil litigation what are the differences

hypothetically speaking Someone is in civil litigation and the defendant says that their actions are justified because the plaintiff committed a crime and the civil judge dismisses the civil ...
2
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2answers
104 views

How does “mistake of fact” apply as defense in the Amber Guyger Case?

Amber Guyger was convicted of murder: entering the apartment of Bothum Jean and shooting him. She claimed she thought she was in her apartment. How would a defense of "mistake of fact" apply in said ...
16
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4answers
8k views

Is self-defense mutually exclusive of murder?

A Dallas man is charged with murder. The narrative indicates that the man shot the intruder in his back yard as the intruder approached with a pickax. Assuming that the homeowner does not have a ...
-1
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2answers
66 views

tampering with food and drink

Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the ...
0
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1answer
266 views

Who has right of way between a legal u-turn vs car driving out of a parking lot as per Texas rules?

A car stopped in a left-only lane (not a traffic signal/intersection) on a main street and was making a u-turn (it is not prohibited) and no-through traffic from the opposite side. The car turns and ...
3
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2answers
180 views

Can the DA refuse me discovery because I'm pro se

When I started to strongly feel that my court appointed atty was trying to get me "the best deal" rather than actually defend me against a crime that he admitted there really wasn't evidence I ...
18
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1answer
5k views

Is it legal for a company to enter an agreement not to hire employees from another company?

Is it legal for ACME Corp to enter a reciprocal agreement with another company to not hire from their workforce. This seems like it may have ramifications for price fixing the labor market.
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1answer
48 views

business intentionally hijacking search traffic of competitor

Texas: Successful small business working on search engine optimization / link back / search elevation... I determine major provider (yellowpages) has entry for us. Lists us by old address, and clicks ...
2
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0answers
98 views

Has the TAA Lease Contract Par. 3 ever been challenged under Texas Property Code Sec. 91.001.e?

I'm having the same problem that Thomas asked about [1] and I imagine it comes up quite a bit in Texas. I choose to move out at the end of my lease which automatically renews month-to-month and gave ...
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0answers
50 views

Specific wording for a judgment finding no arrears in child support in Texas

Several months ago, my ex-wife and I filed an agreed order modifying our custody and child support with the court which, among other things, noted that she agreed that I have no child support arrears. ...
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0answers
178 views

Legal to ride electric scooter/moped on Texas sidewalk?

I own a Razor Pocket mod scooter, this is what mine looks like: Sidenote: not actually a Tesla, just paint and decal I live in Texas, Dallas/Plano area specifically. My question is: would I be able ...
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0answers
95 views

How hard is it to dissolve an HOA?

In Texas, and in the county I'm speaking of, to dissolve or drop out of an HOA there needs to be a 2/3 majority of property owners (1 vote per property) voting in the affirmative in order for a ...
2
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1answer
87 views

What is the legal term for enforcing things when an HOA has been lax previously?

Let's say an HOA has been very lax in enforcing its CC&Rs in the past. There are restrictions about fencing, but many owners got and received variances in the past and have put up fences that don'...
3
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1answer
321 views

Credit union holding car note, refuses to provide details of how payments have been applied

A credit union financed a car note for me. I never knew them before the loan transaction and I only have the car note there. Recently, my payments seem to not lower my loan balance as much as it ...
0
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1answer
82 views

What can a spouse do in regards to controlling the beneficiaries of a life insurance policy in a community property state

Lets say a husband and wife both live together in a community property state, say Texas, and the husband is paying for a life insurance policy on the wife. The policy payout is 500 thousand dollars. ...
0
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1answer
130 views

I was banned from a roller rink for something I didn’t say

I was accused of using profanity to an employee at a roller rink when I never called her names. The owners daughter told me “You’re banned forever!” Can I still show up if she’s not the owner?
1
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1answer
1k views

Is it against any Texas wildlife regulations to keep a possum as a pet?

Is there a law anywhere in black and white on paper that says it is against the law to keep a possum that was rescued as pet since if would only die if released into the wild?
-1
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1answer
53 views

Texas excessive fining

I am just curious if it is legal for Texas to issue a ticket, once the ticket is issued you are automatically also required to pay a surcharge to keep your license from being suspended and on top of ...
0
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0answers
16 views

Is a travel agent obligated to support/accept tax-exempt certificates and process refunds for all states?

If a travel agent based in AZ is the charging party, brokering a hotel in TX, and the guest provides a TX tax exemption certificate, is the travel agent obligated to accept/process it and provide a ...
0
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2answers
142 views

barbed wired off open field with human sized entrance on side - legal?

I live in the state of Texas (Dallas area specifically). There is a field I drive by often near a residential neighborhood. Very open with not a person or house in sight (No signs or anything either)....
1
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2answers
73 views

What is comprehensive insurance for

Let's say someone is in a car accident, and it's determined that both drivers bear some fault in the accident. The car is declared a total loss by the driver's insurance company. Also, in the ...
2
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1answer
544 views

Can Class Action Waivers actually be enforced?

I'm in Texas, about to sign a new lease. They've sent it to me to e-sign, and there's no option to submit the lease without signing/initialing something. I'm not expecting to be part of a class ...
2
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1answer
67 views

In Texas, Can I sue if I was misled or lied to about the job I would be working

I recently was recruited for a contract software engineering role with a bank. The recruiter on several occasions through emails and phone messages emphasized this was a software engineering role. ...
1
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1answer
61 views

For a homeowner, is foliage a fence?

My city regulates fences to be no more than 6' in height. In many cases, the fence as a support for growing tall hedges that could exceed this height. I can't find a definition of a fence in my city ...
2
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2answers
120 views

Can my employer deduct from my pay check?

Recently my employer payed me a market salary adjustment. I thought it might be an error so I contacted HR. HR assured me it was my money and I was entitled to it. Now they are telling me it was in ...
0
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1answer
145 views

Lease agreement contradicts application and the real tenant is no longer here. What are my rights? [closed]

I'm in a predicament whereby my roomate is beginning to stay elsewhere and I'm not sure what my rights are. She was the only applicant and one that initialed(!) anything on the lease agreement. ...
1
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2answers
218 views

Right to Drive on Public Roads [duplicate]

Driver - Black's 4th One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a ...
6
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3answers
647 views

Are cops required by law to have “reasonable suspicion” in order to detain a person? If so, do they have to inform the detainee about the suspicion?

I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston. Officer started asking me questions about my travels. I asked: "Have I done anything illegal? Officer: "No, but I ...
1
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2answers
188 views

How hard is it to sue and win an employer wrongful termination or other suit

A person was hired for computer programming work. He was hired on salary. It was expected to be a full-time, 40 hours per week thing. The company has traditionally, when asking people to work a ...
0
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2answers
94 views

Is a non-compete enforceable if it doesn't mention a geographical area?

I left a job in Phoenix Arizona and am currently in Houston, Texas. The noncompete I signed at the previous job was detailed in the scope of a time period (2yrs) and that I couldn't own or manage a ...