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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

What are the repossession laws for Texas?

As soon as you see its gone, you have been notified. There is NO notice of repo in TX. Sorri, good try I own a cabinet shop and recently built and installed new kitchen cabinets for a man. He paid half of the money before the cabinets were built, now I have them installed, he keeps finding little things he doesn't like about them. I have done all I can for this man, he just doesn't want to pay what he owes on the cabinets. What are my options as far as repossessing the cabinets if he will not pay me?

What is the Texas law for returning a used vehicle?

What is the Texas law for returning a new vehicle just purchased and found out you want to return it.

How many laws are there in Texas?

Too many to answer. Remember there is federal, state, county, and city laws.

How long can you live together before your considered married in Florida?

You can live together for how long as you like to be married but if your not married and are just a couple you only can live together for a year or less

Can you carry a handgun in public in Texas?

In addition to the information on the below link to Texas law (see page 31 for where not to carry) you may not carry in facilities of the Federal government, such as the Post Office, Federal offices, or military facilities.

Why is same-sex marriage not legal in Texas?

Same-sex marriage is not legal in Texas because on November 8, 2005, 76% of voters passed an amendment to the state constitution prohibiting same-sex marriage.

Same-sex marriage is not legal in Texas because on November 8, 2005, 76% of voters passed an amendment to the state constitution prohibiting same-sex marriage.

Why are nunchucks illegal in Texas?

They fall under the definition of a "club" because they are designed to be used as a weapon with no other practical purpose.

See Texas Penal Code 46.01: "Club" means an instrument that is specifically designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument...

Clubs are illegal to possess if you are not in your own home or vehicle, or if you are prohibited from carrying a firearm, or if you are in the commission of another offense.

What are the child abandonment laws of Texas?

TEXAS PENAL CODE

Sec. 22.041. ABANDONING OR ENDANGERING CHILD. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:

(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child;

(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or

(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.

(d) Except as provided by Subsection (e), an offense under Subsection (b) is:

(1) a state jail felony if the actor abandoned the child with intent to return for the child; or

(2) a felony of the third degree if the actor abandoned the child without intent to return for the child.

(e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.

(f) An offense under Subsection (c) is a state jail felony.

(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.

(h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code.

How old do you have to be to move out without getting in trouble with the law in Texas?

You would need to check with you local DMV to see if there are regulations. Here in NC if you have a NC drivers license you can go anywhere. But each states have their different rules about it. You may be able to leave as long as someone over a certain age is with you.

Do you need a license to carry a handgun in Texas?

The law allows Texans to carry guns in their cars, even without a

concealed handgun license. As long you meet the law's other requirements

such as not being a gang member, refraining from criminal acts and

keeping the gun out of sight you can pack heat in your glove box.

Is it legal for a felon to have a rifle in Texas?

I believe that there may be a Texas law which allows a felon to possess a handgun IN THEIR RESIDENCE ONLY for self-protection. However I am uncertain of the accuracy of this law and STRONGLY suggest you check it out with the Texas authorities.

Federal Law absolutely prohibits a convicted felon from possessing a fiream but prevailing state statutes may supersede them under carefully limited guidelines.

How many kids can you watch in your home without a license in the state of Texas?

You must have a permit of some type to care for even one child on a regular basis. The type of permit will depend on the number of children you will have. If you have 1-3 children who are not related to you, you can be listed, which simply means that you have a background check done with the department, but you have no minimum standards to follow. If you have more than three children regularly (not related to you), then you must become registered, which will require a more in depth application process including inspection, and minimum standards.

You can look at the Department of Family an Protective Services website for more information or contact your local Child Care Licensing office.

Is spanking legal in Texas?

Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code Sec. 261.001. [Civil Code] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal Sec. 9.61. [Criminal Code]

What is the law about children riding in the front passenger seat of a vehicle in Wisconsin?

Wisconsin law states children 3 and under must sit in a rear seat, if available; however, the state recommends children under 13 also sit in a rear seat.

According to a joint study by Children's Hospital of Philadelphia and State Farm Insurance, motor vehicle accidents are the leading cause of death for children in the US. In Wisconsin, more than 2,000 children are killed or injured in traffic accidents each year.

Front seat passengers under the age of 13 are 40% more likely to be injured in an accident than those over 13. Front passenger-side airbags also increase the potential for injury to younger children. The study noted no additional risk for properly restrained 13- to 15-year-olds.

Wisconsin's child passenger safety laws are among the weakest in the nation, which has resulted in the state losing federal transportation incentive dollars. In an effort to improve their safety record, Wisconsin recently enacted a booster seat law with the following requirements:

Child Booster Seat Rules

Children must be in a car seat until they reach age 4 and in a booster seat until they reach age 8.

* Less than 1 year old, or less than 20 lbs. must be in a rear-facing child seat in the back seat (if so equipped). * Age 1 to age 4, or less than 40 lbs. must be in a forward-facing child seat in the back seat (if so equipped). * Age 4 to age 8, between 40-80 lbs., and no more than 4 ft. 9 ins. must be in a booster seat. Transportation rule 310 specifically exempts children who are incapable of being transported due to body size, medical condition or disabilities. These children may use regular seat belts.

The fine for failing to comply with this law is $75.00.

Is it illegal to ride in the back of a pick up in Texas?

It is perfectly legal for someone to ride in the back of a truck provided they are sitting on appropriate seating and wearing a seatbelt. If there are no seatbelts, then riding in the back is prohibited.

How did Texas v Johnson get to the Supreme Court?

Yes. Judicial review simply means a court exercises its authority to determine whether a law that is relevant to a case under the court's review conforms to the principles of the US Constitution. Any court, federal or state, may evaluate any statute, regardless of whether it is a municipal, state or federal law, as long as the law is directly related to a case before the court, and the court has proper jurisdiction (legal authority) over the case. Laws that are deemed unconstitutional may be nullified (overturned and rendered unenforceable), although the decision is likely to be appealed by the whichever government entity passed the law.

In Texas v. Johnson, the US Supreme Court used judicial review to determine whether the Texas Venerated Objects Law, under which Greg Johnson was convicted, infringed on the First Amendment right of free speech and political expression. The Court determined the law was unconstitutional and nullified it.

Case Citation:

Texas v. Johnson, 491 US 397 (1989)

For more information, see Related Questions, below.

What is the minimum age to sale alcohol in Texas at a store?

You must be above 18 yrs to sell alcohol and tobacco unless supervised by someone above 21 yrs old>

When was Texas' blue law repealed?

Texas' blue law, which restricted certain activities on Sundays, was repealed in 1985. The law initially aimed to promote a day of rest by limiting retail sales and other activities. Over time, changing social attitudes and pressures led to its repeal, allowing greater freedom for businesses and consumers on Sundays.

Class a and class c misdemeanor?

This would take many megabytes to answer as each state has its' own laws; even just one state's laws would be too lengthy to answer here. Class C misdemeanors make up the lowest level of crimes, they include most moving violations, i.e. traffic tickets (some can be class B or even higher, such as for racing in many states. Most people do not realize that when they receive a traffic ticket that they are actually under arrest, that signing the ticket is the equivalent of posting bail--or more correctly, being released on one's own recognizance in lieu of posting bail--it's a promise to appear before a magistrate.

When can deadly force be used in Texas?

California Penal Code 197 states; Homicide is also justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or, 3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or, 4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

So the use of deadly force may be justifiable when necessary to resist the attempt to commit a forcible and life-threatening crime, provided that a reasonable person in the same or similar situation would believe that -

(a) the person killed intended to commit a forcible and life-threatening crime;

(b) there was imminent danger of such crime being accomplished; and

(c) the person acted under the belief that such force was necessary to save himself or herself or another from death or a forcible and life-threatening crime.

I am not an attorney and this is not legal advise. The above was disseminated for informational purposes only.

Is it illegal in Texas to record a minor's phone conversation without parental consent?

someone has been setting up someone else with Sexually explicit jokes, and then recording the responses. Now the recorder has made a sexual harrassment complaint to our HR office. And has unfounded claims of this harrassment other than the set up line of conversations. Is this legal? And how can this person protect themsleves from this set up?