Questions tagged [texas]

Questions specific to the State and laws of Texas.

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5
votes
3answers
9k views

Is following the flow of traffic a valid speeding defence in Texas?

As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is prima facie evidence that ...
1
vote
2answers
3k views

Is a speeding ticket invalid if the listed speed is not what it was?

I recall reading about speeding ticket defenses in some jurisdiction in the United States or Canada that the fact that the officer "reduced" the alleged speed that he obtained through his radar and ...
7
votes
2answers
305 views

Is there legal precedent for judges require marriage as a condition for probation?

So apparently in East Texas a judge has ordered that a man marries his girlfriend because he assaulted her ex-boyfriend. The conditions for probation were: Marrying his girlfiend within 30 days ...
1
vote
1answer
131 views

Can you request Deferred Disposition in Austin TX after pleading Not Guilty?

Is it possible to request Deferred Disposition in Austin, Texas, on a moving violation (pdf) (2013), after having plead Not Guilty (and possibly having moved for Discovery)? Could this be done at any ...
2
votes
3answers
2k views

Can you get Discovery on an Austin TX traffic citation before requesting a trial / appearance?

In Austin, Texas, you are given several options for an alleged traffic speed violation, which, other than the Request Trial and the Pay options, include a Driving Safety course option, and a Deferred ...
4
votes
2answers
427 views

Public domain status of works by the state of Texas

Stuff written by employees of the US government as part of their employment are supposed to be public domain simply because they're a US government employee, per Wikipedia. So what about for the ...
5
votes
1answer
4k views

Is there a recourse against UPS for not delivering packages on time?

I have a "new" address and ZIP code that appears to confuse UPS and consistently causes them to delay delivery of packages to me. I've tried filing complaints with UPS itself, but to no avail: I ...
3
votes
1answer
425 views

Can a Texas landlord have the rental contract microscopic / unreadable?

My landlord in Texas has the whole residential lease contract formatted for Legal paper, but, for whichever reason, they instead print the PDF as zoomed out on Letter, and the whole thing becomes ...
1
vote
0answers
179 views

How is Texas eviction process different from California's?

For people moving from California to Texas (the direction of the migration is paramount and hard to dispute), and who may be familiar with the eviction process in California, what would be the ...
5
votes
3answers
482 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
2
votes
0answers
70 views

In a three-party exchange, can one plaintiff represent both plaintiffs against a defendant, in small claims court?

As a follow-up to https://law.stackexchange.com/questions/917/can-texas-landlords-charge-administrative-fee-twice-thrice, suppose there's a high chance that a court would accept that it was NOT ...
1
vote
1answer
240 views

Do TAA members have to use TAA lease contract?

It appears that the TAA Apartment Lease Contract could only be used by a TAA Member. However, what about the other way -- does a TAA Member have to use the TAA Lease Contract?
4
votes
1answer
2k views

Does Texas have a legal right to leave the Union or secede?

Many people, possibly even including recent Texas governors, think that Texas has a right to secede from the Union. Does it, or does it not?
2
votes
0answers
143 views

Is Texas Apartment Association an example of collusion?

I'm interested in the legal doctrine on why something like Texas Apartment Association is or is not considered collusion. The association provides its members with a comprehensive Rental ...
2
votes
0answers
173 views

Can you re-assign TAA lease without being liable for damages?

Texas Apartment Association (TAA) apartment lease contract has the following: 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent ...
0
votes
0answers
131 views

Can landlords refuse to sublet mid-month?

I've encountered a big corporate landlord in West Campus, Austin, Texas, that's only willing to reassign the lease at the start of a month, saying that they don't prorate rents. (Interestingly enough,...
1
vote
0answers
59 views

Can landlords omit fee structure on a lease?

A brand-new apartment complex, "professionally" managed by a huge management company, has refused to provide details on how much it'll cost to do lease reassignment, with the rationale being that they'...
6
votes
3answers
364 views

Can landlords refuse to show you contract prior to application?

I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states. Is it legal? Aren't you supposed ...
5
votes
1answer
84 views

How can one go about amending the law?

If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it? For example, in Texas, a lot of landlords ...
10
votes
2answers
6k views

Is rent acceleration legal in Texas?

Texas Association of Realtors' Sample Lease has the following: B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in ...
3
votes
1answer
2k views

Do landlords in Texas really have a duty to mitigate?

Texas State Legislature has the following Statute on the books: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a ...
4
votes
2answers
13k views

Under what circumstances can the police detain you?

after watching the video about the recent fiasco in Mckinney Texas I was curious about whether any of the teens that the officer pulled over had the legal right to just walk away. Under what ...
8
votes
1answer
1k views

Is it legal for landlord to prohibit subleasing, under Texas law?

It's quite common that plans change, and a residential lease must be broken. Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find ...