Questions tagged [texas]

Questions specific to the State and laws of Texas.

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1answer
37 views

any restrictions on transferring money from personal to business account

I'm starting a company and was wondering if I can use the income from my day job to fund my company until things are up and running. Basically I'd transfer funds from my personal account to the ...
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0answers
57 views

Can doctors at one practice disclose patient medications and patient treatment to other doctors at different practices without the patient's consent?

At my first appointment at 28 weeks pregnant my OBGYN told me (after I told her I took my prescribed Adderall when asked about all the medications I was on) that I needed to discontinue my ...
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1answer
213 views

Possessing a 'shotzooka'

Billy lives in Texas. He loves weapons. Above all, he loves practice shooting with his shotgun, which he jokingly nicknamed shotzooka. One summer, Billy decides to innovate. He spends his days adding ...
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1answer
117 views

Intentionally assisting a suicidal person

Bob posts on an anonymous online board that he wants to kill himself. Alice reads his post. She visits Bob's home and hands him a gun. However, Alice warns Bob not to use the gun to kill himself. He ...
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1answer
119 views

Is a notorized “Agreement” between buyer and seller binding?

Bought a vehicle from a dealer couple of months ago only to have my insurance refusing to insure it due to fraudulent odometer reading. I ran my own history report and sure enough, it was rolled back ...
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1answer
80 views

How long do a man and a woman live together before they are considered common law married?

How long do a man and a woman live together before they are considered common law married in Dallas, Texas?
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2answers
54 views

Can a district rescind an offer of employment?

I applied and interviewed for a school counselor position--I am highly qualified, have experience and fantastic references. The principal called me at 6 pm to offer me the position. I said I wanted to ...
1
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1answer
100 views

Can you revoke consent to record a conversation in Texas?

A person who was conversing with me in my house, revealed after the fact that they recorded a personal conversation. I became concerned where this was being stored (for later use) and if it was shared ...
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1answer
92 views

Can a man have invasive medical procedures forced on him during a paternity dispute?

If a woman has a man's child and does not acknowledge him as the father, can she later force the man to give blood as to prove him the father (If she for instance decides his money is good enough ...
1
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1answer
86 views

What sentence would a person “hypnotized” into committing a crime get?

I'm a writer and, in this murder mystery I'm writing, I'm trying to see how sentencing laws would apply in this scenario. If a person was arrested for killing somebody but then it is later found out ...
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2answers
71 views

What are the exact charges Fort Worth has dropped in relation to the recent unrest in the US?

Fort Worth has dropped all charges against people arrested for "rioting" related to the George Floyd protests. This seems insane to me, which makes me think there is more to this story. ...
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1answer
86 views

Does Texas tenant-landlord court also lean towards the landlord when it involves the health of children under the age of five?

Its clear from what I have observed that a tenant in Texas can have a broken air conditioner or garbage disposal unit which can lead to stagnant water and the landlord will do their very best to not ...
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2answers
97 views

What case law set the precedent in Texas to absolve landlords of being responsible for the behavior of their tenants?

So I learned the hard way that in Texas its best to rent from a landlord offering a single family home and not from an apartment complex because in Texas quiet enjoyment is only recognized between the ...
2
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1answer
131 views

Can you refuse to rent to students in Texas?

I was recently looking for a new place to rent in Richardson, TX when one of the places I had contacted took me by surprise by opening with “no students” amongst a few other requirements. Is this ...
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1answer
59 views

What action can a tenant take if a property manager refuses to provide name and address of owner in Texas?

So it is my understanding that in Texas under Texas Property Code Section 92.201, a property manager has a duty to disclose the name and either street or post office box of address of holder of record ...
22
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1answer
6k views

A sitting judge is claiming to represent a client against me. Should I file a bar complaint?

We recently had to fire an employee for cause. After we sent an email to the former employee asking for a password to an account that belonged to the business, we received a reply from a person who ...
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2answers
41 views

Isn't a lease violation enough to evict someone in Texas?

I made the mistake of picking one of the worst apartment complexes an educated nuclear family can choose in the state of Texas. I have reported problem neighbors in the past and have been told, "...
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1answer
109 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 ...
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1answer
72 views

Meaning of “the approval of First Mortgagees holding mortgages on Units…”

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
52 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 ...
2
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1answer
153 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
28 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 ...
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2answers
238 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 ...
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1answer
69 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 ...
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1answer
169 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 ...
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2answers
196 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
73 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
206 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
49 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
87 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
42 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
3k 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 ...
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2answers
82 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 ...
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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
257 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
292 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
80 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
126 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 ...
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2answers
69 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
373 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
185 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
49 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
173 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
264 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 ...
2
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0answers
109 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
101 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
326 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
86 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. ...