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Texas Law

The laws and regulations that have been put in place for the citizens and businesses of Texas by their legislative representatives.

566 Questions

Are you allowed to carry a gun in your glove box of car with out a license?

Impossible to answer without knowing the state and county you are in.

What states is it legal to own a fully automatic rifle?

It is legal for a private citizen to own a fully automatic rifle in MOST US states IF you comply with Federal law (National Firearms Act- requires registration of full autos with the BATFE). Rather than list all the states that DO, why not post the state or states you are asking about?

Is it legal to record a face to face conversation without the others knowledge?

It depends on where you are, but it's pretty common in many jurisdictions for recording of conversations to be legal as long as at least one person involved in the conversation is aware of the recording and consents to it. You might want to consult a lawyer in your area for a definitive answer before acting on this, though.

Is it legal to drive on the shoulder in Texas?

Yes, if you need to:

1 allow someone to pass

2 passing someone making a left turn

3 to help you in making a right turn to allow other to pass

4 emergency

I plead guilty to attempted unlawful restraint received 12 mos probation and community service in 2002. When is this eligible for removal or can it be expunged or sealed?

It depends if you had deferred adjudication or a conviction. If you had deferred adjudication, you should be eligible for non-disclosure by now. This is not the same as expunction, however, the charge and guilty plea would stay on your record but could not be disclosed to private companies or individuals (so essentially will not show up on your background check with the exception of through a government entity).

If you had "straight probation" rather than deferred, then you will never be eligible for non-disclosure.

Does Texas have a Supreme Court for civil cases and a Supreme Court for criminal cases?

Yes. Texas has two "supreme courts," although only one carries that name. The Supreme Court of Texas is the highest appellate court for civil and juvenile cases, and the Texas Court of Criminal Appeals is the highest appellate court for criminal cases.

Is it legal to own thommy gun?

There are semiautomatic versions of the Tommy gun (Thompson sub-machine gun). They are legal to own.

A fully automatic Tommy gun is legal in Texas only if you have the federal license.

How do you get a divorce and custody in Texas?

Texas law is nothing to mess around with, get a lawyer.

Why if my son has an arrested order by cedar park Texas court for failure to attended classes?

Then the best thing for him to do is to turn himself into the police station where the warrant for his arrest was issued. If there is an arrest order for failure to attend classes that means that he if he is over 18 or he and one of his parents went to court on the issue. A truant office had to be involved or he got himself into trouble someplace along the way. Lots of kids skip school and the system is too big to pick out each kid that doesnt attend classes. This goes back to the truant officer of him going before a judge at some point. But bottom line is that if he has an arrest order, he needs to turn himself in ASAP. If there was a court order involved, there is a good chance he will be nailed for violating the court order. But turning himself in and highlighting it might show favorably with the right spin from a good lawyer. I am not a lawyer myself and these are just my thoughts since I passed my LSATS early and was doing paralegal work when I was 16.

Are pliers illegal in Texas?

only if they are being used as a weapon or an illegal instrument. Often, the categorization of a common item will change by its use.

What does anomalous open carry for firearms means?

"Anomalous" simply means non-uniform. Regarding weapons carrying laws, the word "anomalous" means that there is no single law that covers the entire state, and that local laws are the governing laws. For example, in Washington state, where I live, we are an anomalous carry state. Open carry is legal in some counties, not allowed in others.

How do you find lost or unclaimed money in Texas?

Google for the Texas Treasury department or Texas+unclaimed funds. All State governments maintain websites for lost or unclaimed funds. The service is free. If you locate an account on the website that you believe is yours, you would then fill out forms to send to the State. They verify your identity and with proper information, would then "cut you a check" to send you the money if it is yours.

Note: You may need to provide exact numbers on your old address; your old account numbers; your name if it was different; and other identifying information. Some States' claim forms ask for a photo ID also.

What age can you carry a gun in your car?

State law does not give an age. But under that section it states if you are "prohibited by law from possessing a firearm" you can not carry a handgun in your vehicle (among others).

Under Federal law it states someone under 18 can not possess a handgun without parental consent. So it is a safe bet that you can not carry a handgun in your vehicle if under 18.

Can you quit your job with cause in the state of Texas and draw unemployment?

Yes. If you have good cause, as described in the Related Link below, you can be eligible for unemployment benefits in the state of Texas.

If father remarried has children from second marriage and adult children from previous marriage are all the children entitled to inherit under Texas law?

Generally yes if your dad dies intestate. In Texas the intestacy law is as follows (please note especially the bold sections): Sec. 38. PERSONS WHO TAKE UPON INTESTACY. (a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course: 1. To his children and their descendants. 2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother. 3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants. 4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. ===(b) Intestate Leaving Husband or Wife.=== Where any person having title to any estate, real, personal or mixed, ===other than a community estate,=== shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. 2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate. Sec. 41. MATTERS AFFECTING AND NOT AFFECTING THE RIGHT TO INHERIT. (b) Heirs of Whole and Half Blood. In situations where the inheritance passes to the collateral kindred of the intestate, if part of such collateral be of the whole blood, and the other part be of the half blood only, of the intestate, each of those of half blood shall inherit only half so much as each of those of the whole blood; but if all be of the half blood, they shall have whole portions. Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive. ===Sec. 45. COMMUNITY ESTATE.=== (a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if: (1) no child or other descendant of the deceased spouse survives the deceased spouse; or (2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. (b) On the intestate death of one of the spouses to a marriage, ===if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.=== The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.

Does the Texas Supreme Court have jurisdiction to tell the Texas Court of Criminal Appeals what to do?

No. Texas and Oklahoma are unique in that they each have two appellate courts functioning as the highest court in the State. In Texas, the Supreme Court reviews civil and juvenile cases, while the Court of Criminal Appeals reviews adult criminal cases. The two courts are independent of each other and of equal power, so neither has jurisdiction over the other's cases.

The only exception is that the Supreme Court of Texas is responsible for devising and updating the Texas Rules of Appellate Procedure, which also apply to the Court of Criminal Appeals.

Is the Texas massacre real?

The Texas Chainsaw Massacre? No, it is Hollywood fiction. The characters of Leather face, Norman Bates, and Buffalo Bill (Silence of the Lambs) where based very loosely on Ed Gein.

Wikipedia

Is it illegal to shoot a pellet gun in Ector county Texas?

Ector has no laws on shooting a pellet gun in your back yard,, Now if you do not have a good back stop an Officer can tell you to stop, But he can not charge you or take you to jail....

The city of Odessa has banned all l air guns,,,,

At what age are your parents no longer responsible for you?

The age of majority, which in most places is 18, but could be as high as 21. Until then you have to reside where your parents say.

Can i use school records instead of birth certificate to get Texas id?

No, school records cannot serve as primary identification. Birth certificates and Social Security Numbers are must for applying for Texas id. If you have current passport or any other identification card, that could be used as primary proof of identity. School records would just act as supporting documents.

Co-administrator of estate?

The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.

What is the Texas law regarding driving with an implanted heart device?

I am not from TX, so I am guessing here. I have never heard of any law about driving with an implant. I should think that there would be no problem and that there are many people who do drive with implants.