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Questions tagged [texas]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Texas.

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Community property without spouse title

In community property states such as California and Texas, I know all all property acquired after marriage belongs to both spouses equally, however, if a property was acquired after marriage when that ...
HelloDarkWorld's user avatar
1 vote
1 answer
360 views

Is it legal to scam pedophiles?

I am a minor. If I offer to sell explicit pictures to a pedophile, and then refuse to send said pictures after they pay me, would I get arrested?
Alexandra's user avatar
  • 121
-5 votes
2 answers
163 views

Is "I'll see you in court!" legally binding?

Say that "Joe" really doesn't like something that "Donald" does, and they end up getting in a heated argument over it. Donald does not budge, and eventually Joe gets fed up and ...
In Hoc Signo's user avatar
  • 1,219
0 votes
0 answers
72 views

Landlord Right to Enter While Tenant Not Present (Texas)

We rent an apartment in Texas and will be moving in the summer. Our landlord would like to schedule showings to new prospective tenants. Our landlord has given us notice of the showing times (24 ...
Joshua's user avatar
  • 101
-1 votes
1 answer
107 views

Pest control company terminated my contract then charged me termination fees

Had a pest control company who I’ve always had issues with them showing up at odd hours unannounced to perform services which were not scheduled. I am a new father and very protective and I finally ...
Shane Wilson's user avatar
1 vote
1 answer
245 views

Can another adult give my 14 year old daughter a cellphone without my knowledge

Is it legal for another adult to give my 14 year old a cellphone without my knowledge?
Victoria Torres's user avatar
1 vote
1 answer
194 views

Is it legal to count garage as living space

Location: Eustice, Texas I know that depending on jurisdiction it can be possible to convert a garage into a "living space" provided certain requirements are met. My question is about a ...
jesse_b's user avatar
  • 959
15 votes
3 answers
2k views

Looking up a Texas land title case from 1901

I'm a historian, not a lawyer. I would like to get the documents, including the plaintiff and defendant's filings, the witnesses' depositions, and the judgment, for a civil land title case from a ...
davo's user avatar
  • 153
1 vote
1 answer
59 views

What state does a web hosting service get sued in?

Bob uses a web hosting service. He has a dispute over a bill and did not get a customer service solution. Bob wants to take the web hosting service to small claims. The terms of service state: This ...
GBG's user avatar
  • 121
2 votes
1 answer
87 views

Texas' refusal to cooperate w/ Homeland Security based on DHS being "fixated" on a recent ("misled") Supreme Court order; supported by law/precedent?

CBS News' January 26, 2024 Texas attorney general refuses to grant federal agents full access to border park: "Your request is hereby denied" links to Texas Attorney General Ken Paxton's ...
uhoh's user avatar
  • 774
1 vote
1 answer
99 views

If i add my wife as a cosigner to my bank account do i need to discuss my bank account in my will?

I was looking at this Supreme Court of Texas document approving revised will forms and was wondering if a bank account that I recently added my wife to as a cosigner needed to be listed as a "...
neubert's user avatar
  • 515
2 votes
2 answers
129 views

Damages resulting from suicide

"Juan" is driving along on his way to work. At the same time, a terminally depressed woman commits suicide by jumping off a tall building. She ends up landing on the roof of Juan's car, a la ...
In Hoc Signo's user avatar
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1 vote
0 answers
80 views

Am I required to forward misaddressed mail? [duplicate]

I tried googling this and found that it is probably illegal to throw away someone else's mail but the only thing I found from the US postal service itself was instructions on how to return the mail ...
jesse_b's user avatar
  • 959
1 vote
0 answers
123 views

Is it illegal to restrict types of shifts available to women?

The scenario I'm imagining is a part-time job, where there's no sex discrimination in the actual hiring based on sex, but the type (and possibly) quantity of shifts available is restricted by sex. ...
Radvylf Programs's user avatar
7 votes
1 answer
2k views

Should I get a PO box for a will / transfer on death deed?

I'm to be a beneficiary on a will for my father and I was asked for my address. The address I provided is in an apartment complex. Maybe I'll be in that same apartment complex when my father passes or ...
neubert's user avatar
  • 515
4 votes
3 answers
5k views

Jury and Witness intimidation via Bible quotes

Let's say in this hypothetical scenario you have an extremely devout Christian man on trial for a crime where he could be executed. He gets called to the stand and under examination makes a speech. In ...
user55665484375's user avatar
11 votes
2 answers
3k views

Extent to which a will is holographic

"Albus" and "Severus" are making a will together. They do not want to bother with an attorney or witnesses, so Severus handwrites it, under the assumption that doing so will make ...
In Hoc Signo's user avatar
  • 1,219
9 votes
1 answer
930 views

Retroactive lack of testamentary capacity

"Juan" makes his will. A year later, he is diagnosed with Alzheimer's disease, and so loses testamentary capacity. Often, the medical diagnosis for Alzheimer's comes well after the victim's ...
In Hoc Signo's user avatar
  • 1,219
-2 votes
4 answers
255 views

Accidentally killing someone while purposefully beating them up

"Vladimir" decides to beat up "Juan". While it can be proven beyond any reasonable doubt that Vladimir did not intend to kill Juan (merely rough him up a bit), the beating causes ...
In Hoc Signo's user avatar
  • 1,219
2 votes
2 answers
232 views

What is the "important thing" that can make a true statement defamatory wrt the X/Media Matters lawsuit?

It is in the news that Elon Musk's social media platform X has sued Media Matters a media watchdog group. Media Matters has published multiple reports about X alleging adverts for major companies have ...
User65535's user avatar
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-1 votes
1 answer
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Mandatory apartment inspection

My apartment in Texas has mandatory unit inspections inside the entire apartment, including water leaks, the smoke detector, the HVAC filter, and electrical outlets, three times a year. Property ...
dolph's user avatar
  • 1
2 votes
0 answers
78 views

Can a landlord request reimbursement from a previous tenant on repairs made months after the lease has ended? [closed]

My previous landlord has recently contacted me about reimbursing him for repair fee 4 months after the lease has ended. The repairs involve damage caused by my pets, however we were already deducted ...
Ryan Rhodes's user avatar
4 votes
1 answer
81 views

Community property

In a community property state (TX), if a spouse dies, must the community home be sold so that so value can be distributed as stated in a will?
blacksmith37's user avatar
1 vote
2 answers
390 views

Is it legal to keep products I never ordered that were delivered to my residence?

If I ordered a box of paper from Amazon but I got 10 iPad Pros from them instead, can I keep it without notifying or returning them? If it wasn't a product delivery but instead a gift or a letter sent ...
poc99306's user avatar
1 vote
1 answer
136 views

Fraudulent misrepresentation by a third party

Say, for purposes of conjecture, that "Celine" fraudulently tells "Alice" that something will happen. Also assume for the purposes of this question that, in reasonable reliance on ...
In Hoc Signo's user avatar
  • 1,219
0 votes
2 answers
160 views

Can I sue my local law enforcement agency for gross negligence in reference to their handling of domestic violence against me?

What rights does someone have against law enforcement when this person has been discriminated against by law enforcement officers' lack of actions and the continued allowance of severe abuse and ...
user22736941's user avatar
1 vote
1 answer
139 views

Deducting rent for repairs in Texas for unwholesome pool

My question is whether the following situation would likely meet the criteria to be able to deduct rent for repairs: The property had weekly pool maintenance for years, until it suddenly stops ...
Goulash's user avatar
  • 135
0 votes
1 answer
257 views

Child support question

I have a house that was inherited but I owe child support, but it’s not just inherit to me, it was also inherited to my sister my mom left it to both of her kids which is me and my sister my sister ...
John Tucker's user avatar
0 votes
1 answer
124 views

Can you serve a drunk alcohol in Texas?

If a TABC certified bartender believes someone is inebriated, can they serve them alcohol in Texas? To what degree are you criminally and civilly liable for this transaction? If the patron gets in a ...
Evan Carroll's user avatar
  • 2,139
3 votes
2 answers
1k views

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

Is there a case where any court found that a judge's actions amounted to an exception to judicial absolute immunity?
Ronnie Royston's user avatar
6 votes
2 answers
905 views

Imbler v. Pachtman and Texas prosecutor Ken Anderson

In 2013 Texas (Williamson County) District Attorney Ken Anderson served a 10 day jail sentence for prosecutorial misconduct. Quoting https://innocenceproject.org/news/ken-anderson-michael-morton-...
neubert's user avatar
  • 515
1 vote
0 answers
119 views

Is it legal for any business to post a 46.03 sign in Texas?

Texas penal code 46.03 covers places in which it is unlawful to carry a firearm even by concealed carry license holders. This law only covers a small set of specific establishments that meet the ...
jesse_b's user avatar
  • 959
2 votes
3 answers
332 views

Theoretical vs. Actual Speed Limit

One of the peculiarities of Texas is that it's normal for people to drive 5-10 MPH over the speed limit while on the interstate. Provided they're not doing a speed trap, the police generally don't ...
In Hoc Signo's user avatar
  • 1,219
1 vote
0 answers
77 views

Car towed to a Texas storage facility not accessible by foot

This is related to this question about towing a vehicle without a valid parking permit in Texas. It turns out that the vehicle was also stored at a storage facility that was not accessible by foot. ...
guero64's user avatar
  • 561
2 votes
0 answers
154 views

How does a clause of reverter or "possibility of reverter" interact with the Rule Against Perpetuities?

This is a follow up to another more broad question. According to Wikipedia on the possibility of reverter, There is a possibility of reverter when an estate will return to the grantor if a condition ...
Evan Carroll's user avatar
  • 2,139
1 vote
2 answers
179 views

How long do restrictive covenants apply on property willed to the state?

If I devise real property to the state of Texas in my will, and it specifies that the homeless can not be evicted on the property, how long will that restriction apply for? Assume the state accepts ...
Evan Carroll's user avatar
  • 2,139
2 votes
1 answer
107 views

Vehicle owners not required to prove towing company negligence in Texas

Chapter 2308 of Title 14 of the Texas Occupations Code deals with towing and booting by towing companies. Section 2308.404(a)(2) reads "A towing company, booting company, or parking facility ...
guero64's user avatar
  • 561
2 votes
2 answers
204 views

Could a child on a bike get a speeding ticket?

Can a child who is younger than sixteen, and who is below an age at which they could hold a driver's license, be ticketed for exceeding the posted speed limit on a road on a (non-motorized) bicycle?
rando's user avatar
  • 121
13 votes
2 answers
2k views

What options are there for executor when no close family member is available?

What alternatives exist for finding and appointing an executor for one's will/estate for a person with no close family or qualified friend? Are there pros and cons?
AA040371's user avatar
  • 231
1 vote
3 answers
778 views

What are some potential legal options when noise ordinances are not enforced for a particular local business (in Texas)?

I live in a mixed use zone in the downtown area of a major metropolitan area in Texas. A recent city ordinance requires bars and restaurants to maintain noise levels below a certain level at different ...
guero64's user avatar
  • 561
8 votes
4 answers
4k views

Does any state force recognition of common law marriage on couples if they do not want it?

I will use Texas as an example, but I'd be interested in any others... Per this link, a couple is considered married under common law in Texas if they: 1.) Agree to be married, 2.) Live together as a ...
Michael Hall's user avatar
  • 4,594
6 votes
2 answers
1k views

Who would actually have claim on the buried treasure in the film Holes?

I have two questions, assuming real-life Texas inheritance and property law: Who is the rightful owner of the chest of treasure? Regardless of who the ultimate rightful owner is, did Stanley's lawyer ...
T Hummus's user avatar
  • 620
2 votes
1 answer
67 views

Is the opportunity and/or potential to get tenure in the Texas State university system contractable?

According to this news item of March 30, 2023 about Texas Senate Bill 18 - Public universities could no longer offer tenure for professors under Texas Senate bill | TPR - public universities in Texas ...
BlueDogRanch's user avatar
  • 18.8k
2 votes
3 answers
181 views

Can someone summarize the ruling in Texas Mifepristone ruling?

I started reading the ruling in Alliance for Hippocratic Medicine v. FDA, but it's 60 pages long and full of the expected legalese. Can someone summarize the argument of the plaintiffs and the legal ...
Barmar's user avatar
  • 2,379
12 votes
2 answers
3k views

Personal Misconduct That May Result in a Lawyer's Censure or Disbarment

Is there some type of Code of (Personal) Conduct that lawyers in the United States must abide by under the penalty of either censure of disbarment? What personal kinds of personal misconduct might ...
DDS's user avatar
  • 1,275
2 votes
1 answer
113 views

Can multiple separate plaintiffs participate in one small claims case against one defendant?

I'm friends with a small group of people (4 or so) who have been scammed ($500-$3000 each) by a vendor. If they want to try to recover damages in small claims court, would they be able to be ...
Piper McCorkle's user avatar
1 vote
1 answer
124 views

Is a police chief charging me again for same cause of action previously dismissed selective prosecution? [closed]

I live in a smal TX town (<850 people), with one policeman and a chief overseen by mayor and town council, where there is a 250ft rule for no livestock within city limits & an exemption noted ...
Rob 70S's user avatar
  • 21
6 votes
1 answer
140 views

Where is the Houston anti-Food Sharing Ordinance?

Accoring to this article about the anti-Food Sharing Ordinance in Houston, Mayor Anise Parker and city council passed an anti-food sharing ordinance that bans serving charitable meals on properties, ...
Evan Carroll's user avatar
  • 2,139
2 votes
1 answer
49 views

State Prosecutorial Power

According to Article 5 Section 21 of the Texas Constitution & Chapter 20 of the Code of Criminal Procedure says, "a "city attorney" is not a public officer; He is not granted "...
Kristy Barnes's user avatar
3 votes
3 answers
482 views

How does the Uniform Plumbing Code apply to me, for the purposes of home renovation?

According to my state, Texas, Occupations code, Chapter 1301. PLUMBERS, it says in SEC. 1301.255. Adoption of Plumbing codes, Section 1301.255 adopts the Uniform Plumbing Code and the International ...
Evan Carroll's user avatar
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