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Questions tagged [texas]

Questions specific to the State and laws of Texas.

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1answer
32 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
162 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
62 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
89 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 ...
15
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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
61 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
89 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
178 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.
-1
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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
56 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
84 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
91 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
78 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
320 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
66 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. ...
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1answer
121 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
361 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
52 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 ...
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2answers
134 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
61 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
347 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
63 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
57 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
117 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
138 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
146 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 ...
5
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3answers
522 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
173 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
80 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 ...
4
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1answer
168 views

Is it legal for an apartment complex to have me sign a lease and never discuss the fact they do quarterly inspections?

So I just moved in to an apartment complex, I have historically always rented from private persons and they usually have been houses, but I was new to the Austin, TX area and needed to get my family ...
5
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1answer
131 views

What happens if I buy a stormwater basin from a property tax auction?

I've recently been reviewing property that is available either at auction or for immediately for purchase from the various counties in the state of TExas. Most of them are simply what you would expect,...
2
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1answer
146 views

Borrowing Firearms for Science?

Edit: we have an excellent general counsel who runs our legal team; I'm asking here firstly to get familiar with roughly the shape of this thing, and secondly to learn a little about how things in ...
3
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1answer
101 views

Minor in violation of curfew on his property

My son, who is trying to do the right thing, asked if he could be in violation of a curfew if he was in my (his) front yard after the curfew began. Where does and does not count as an allowed area ...
2
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3answers
2k views

I was fired for refusing to work with Typhoid, do I have any recourse?

I was fired for not showing up to work as ordered. This is after explaining to my boss over the phone that I have Typhoid, and working with food would endanger the guests to the restaurant/arcade at ...
1
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2answers
393 views

May I legally work in a restaurant with typhoid if the employer knows?

I contracted Typhoid while visiting family in Central America for a funeral. I work minimal wage at a restaurant/arcade preparing food, and cannot afford to miss work. My boss will not allow me paid ...
0
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0answers
178 views

How can one fight probation revocation

A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol. During the ...
1
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3answers
448 views

what is controlling law

What if a plaintiff says that the defendant acted under a statute law and the defendant claims he acted under case law? How can people on the street later claim that their acts where founded on case ...
0
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2answers
62 views

Am I Required to Pay to Receive a Certification I Earned on Company Time?

I worked for a company that payed for my first aid and CPR training. I have since then quit the job and am working elsewhere, however I need to show I was re-certified. The prior company is now ...
46
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6answers
17k views

Can I forbid the government from using my patented invention?

(this is a purely hypothetical situation, for literary research) I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ...
1
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2answers
103 views

Can employers fire someone for “lying” on personality questionnaires?

Many employers, typically those offering minimum wage jobs, have applicants fill out a personality quiz. They usually probe whether the applicant believes stealing is justifiable, if they value their ...
3
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1answer
192 views

How can auto sale contract be breached

Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it. Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
1
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2answers
241 views

Legal Requirements to Register Car in Texas?

I'm going to be a student at a public university in Texas, and will live at a fraternity off-campus. But I believe I will still be keeping my California residency, as I'm not "moving" to Texas. I'm ...
0
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0answers
50 views

what criteria do 1099 contractors have to be considered employees?

Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
2
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1answer
74 views

What documents and testimony establish identity and what happens if they're lost?

Birth certificates, social security cards, and driver's licenses identify a person, but what happens if these are all lost? Say a homeless person loses all of their documents in the shuffle, what ...
1
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2answers
100 views

How realistic is it to resurrect a dormant C corporation

Assume that someone formed a C-Corp around 15 years ago in Texas. Then they let it go dormant with the state by not filing any of the required paperwork nor paying any fees. The SoS of Texas lists the ...
1
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1answer
141 views

Piercing Corporate Veil in Texas, US

Context For this question, I'm only asking about the United States and if relevant, LLCs in the state of Texas. While reading about asset protection strategies and trying to understand corporate veil ...
-1
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1answer
308 views

What legal entity(s) would be best for startup funded by kickstarter or other investment?

Assuming someone is going to start a business that is to design, build and manufacture a small electronic handheld device. They post campaigns on Kickstarter, Indiegogo, and other crowd-funding ...