The 85th Texas Legislature has finally concluded, and there are 1,252 new Texas laws on the books.
While many of these new laws will affect only a few Texans, some of them will have a big impact on many. We wanted to give our readers a peek at some of these new laws, while explaining (in layman’s terms) what exactly they mean.
Here is a quick roundup of some of the bills recently passed during the 85th Texas Legislature (and special session) this year. Most of these new Texas laws went into effect immediately or on September 1st, 2017, while others take effect January 1st, 2018.
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Are car inspections required after 2017?
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Hi Veronique,
Yes, car inspections are still required in Texas moving forward. While the bill you’re referring to (Senate Bill 1588) was approved by the Texas Senate in May, it never made it to the House floor for a vote.-
Will SB1588 come up for a vote in the House in 2018?
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SB1588 is dead, but a similar or identical bill can be re-introduced for a vote during the next legislative session, but that does not occur until 2019.
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So do you have to still h a CHL to open carry
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Hi Alvin,
Yes, you do still need a CHL to open carry in Texas. The “constitutional carry” bill you’re referring to (House Bill 375) was left pending in committee and ultimately did not pass this legislative session.-
Section 1 of the Texas Bill of Rights states FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States… And since the 2nd Amendment of the US Constitution is superior to Sec. 23 of the Texas Bill of Rights. And the SCOTUS has ruled the following: “No state shall convert a liberty into a license, and charge a fee therefore.” (Murdock v. Pennsylvania, 319 U.S. 105)
“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” (Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262)
On what authority does the Texas Legislature have to pass laws requiring a permit to carry side arms? Can the above analogy be used as an effective defense for carrying w/o a permit?
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Could you expand on Discouraging Hailstorm Litigation ???? i seems like is one sided to help insurance company’s and leave the policy holder on its own with little recuse.
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Yes Harvey, we actually agree on that. We just wrote an entire article dedicated to this issue, which is available here: https://www.jrlawfirm.com/news/hurricane-harvey-property-damage-texas-law/
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So, Strauss is allowing this to go on rather than deal with with the Education System? Shameful legislative leader
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What about HB 2120 that reduces an inmates time excluding capital murder and sexual assault?
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HB 2120 was unfortunately left pending in committee this legislative session, and failed to become law as a result.
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what is the new law going into effect on September 1st which should help property owners recover losses after storms like Hurricane Harvey?
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Hi Gina, The law you’re referring to (House Bill 1774) actually limits homeowners rights when it comes to recovering losses after storms like Hurricane Harvey. We just published an article on the topic (see: https://www.jrlawfirm.com/news/hurricane-harvey-property-damage-texas-law/) which goes into further detail.
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Is there anything victims of Hurricane Harvey can file before 9/1/17 that will mitigate the effect of HB 1774, the so-called Hailstorm Litigation?
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We strongly recommend that you file an insurance claim BEFORE THIS FRIDAY. See this page for more information: https://www.jrlawfirm.com/news/hurricane-harvey-property-damage-texas-law/
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Our non profit works within our vulnerable populations throughout Tx who speak Spanish about health and wellness. Do you have anything translated in Spanish that we can use to raise awareness of the new laws, specifically House Bill 1774?
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Hi Venus,
Unfortunately I do not have anything translated into Spanish, but please feel free to translate the information on this page. I only ask that if you re-publish a translation of this article online, that you link to the original article. Thank you for your work!
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Any new laws that relate directly with tdcj?
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While doing a cursory search, I did find a few new laws which relate directly with Texas Department of Criminal Justice:
1) HB 239 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00239F.htm) – Relating to a report regarding the confinement of pregnant inmates by the Texas Department of Criminal Justice.
2) HB 553 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00553F.htm) – Relating to the creation of a task force to identify opportunities for academic credit and industry recognition for inmates of the Texas Department of Criminal Justice.
3) HB 865 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00865F.htm) – Relating to establishing a veterans services coordinator for the Texas Department of Criminal Justice and a veterans reentry dorm program for certain state jail defendants confined by the department.
4) SB 78 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00078F.htm) – Relating to the disposition of state surplus or salvage data processing equipment by the Texas Department of Criminal Justice.
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What laws are going into effect on Sept 1 regarding Immigration. Anything specifically about authorities being allowed to ask for immigration statues for a traffic stop. With the curfews in effect because of Harvey, I have been asked numerous questions about immigration statues must be provable at any time some one is asked. Nerves are on edge already here in Houston without the additional fear for being taken in to immigration. Can you please help me get reliable true information. Thank you,
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As written, State Bill 4 (the “sanctuary cities” bill) prohibits cities and counties from adopting policies that limit immigration enforcement, allows police officers to question the immigration status of anyone they detain or arrest, and threatens officials who violate the law with fines, jail time and removal from office.
Just yesterday (two days before it was to go into effect) a federal judge halted the part of the bill that required jail officials to honor all detainers, and another that prohibits “a pattern or practice that ‘materially limits’ the enforcement of immigration laws.” Police officers are still allowed to question the immigration status of people they detain, but are limited in what they can do with the information.
“If during a lawful detention or arrest an officer obtains information that a detained or arrested individual is undocumented he may not arrest the individual on this basis,” said U.S. District Judge Orlando Garcia. “In sum, SB 4 gives local officers discretion to inquire and share information, but it does not provide them with discretion to act upon the information that they may obtain.”
Unfortunately, our firm only practices personal injury law. I strongly suggest speaking to an attorney who handles immigration and criminal defense matters for more clarification on SB 4.
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Any new laws about pets?
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Hi Mary, after taking a cursory look, I did find a few new laws that relate to pets and animals:
1) SB 762 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00762F.htm) – Relating to the prosecution of offenses involving cruelty to animals; increasing a criminal penalty.
2) SB 1232 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01232F.htm) – Relating to inappropriate conduct between a person and an animal; creating a criminal offense.
3) HB 162 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00162F.htm) – Relating to conditions of community supervision for defendants convicted of certain criminal offenses involving animals; authorizing fees.
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Just wondering if they’re going to pass a law about not smoking in the car with your children I
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I don’t believe any bills relating to smoking in a vehicle with children were filed this legislative session, but lawmakers did try to pass such a law during the previous session two years ago (HB 461). The bill was never approved by the house and failed to become law.
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Was a law passed requiring approval by residents living in an area that a city wants to annex?
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Hi Phil, after looking through the bills passed, I found two which seem to discuss notification of residents with regard to annexation:
1) SB 1987 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01987F.htm) – Relating to the notice and procedural requirements for bills proposing the creation of or annexation of land to certain special purpose districts.
2) SB 6 (http://www.legis.state.tx.us/tlodocs/851/billtext/html/SB00006F.htm) – Relating to municipal annexation.
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What about the first responder conceal carry bill? Was it passed to law? I didn’t see anything in it.
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There were two similar bills files this legislative session. One (SB 1408) failed to pass, while the other (HB 435) passed and went into effect today.
House Bill 435 relates to the carrying of weapons, including the application of certain weapons and handgun license laws to certain persons, the carrying of handguns by license holders on the property of a state hospital, and the liability for certain actions of volunteer emergency services personnel licensed to carry a handgun; providing a civil penalty. Full text of the law can be read here: http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB00435F.htm
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Hi, I was reading a newspaper article that said a bill was passed to allow more time to pay a students lunch account off. They didn’t reference the bill. Do you know what they may have been referring to so I can read it?
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Senate Bill 1566 includes an amendment creating a grace period allowing students who run out of money in their lunch accounts to continue receiving lunch.
See section 15 of http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01566F.htm for more information.
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If you have a LCT can you now conceal carry at a private school even if it is against school policy? (As long as there are no 30.6 signs?)
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As far as I can tell, no. While public universities don’t have a choice in the matter, the “campus carry” law (which was passed two years ago) permits—but does not require—private colleges and universities to opt in. See: http://www.legis.state.tx.us/tlodocs/84R/billtext/html/SB00011F.htm
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High interest on title loans they charges to much you never get them paid off
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was wondering about the inheritance tax’s
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I don’t see any new laws relating to inheritance taxes, but the Texas comptroller’s website says that the Inheritance tax was repealed effective Sept. 1, 2015.
This article may help: https://www.forbes.com/sites/ashleaebeling/2015/04/16/house-votes-240-179-to-repeal-estate-tax/
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Was there any new laws passed on Sex Offender registration?
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I didn’t find anything specifically about sex offender registration. The closest I found is HB 2849 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB02849F.htm) which discusses the procedures for removing certain persons’ names from the “child abuse and neglect central registry.”
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Is there a new law on sex offender parolees traveling to Parole Office. My grandson was denied my address because he would have to pass a school zone.
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HB 1111 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01111F.htm) relates to “the child safety zone applicable to registered sex offenders and to certain other persons who are released on parole or to mandatory supervision,” and may address your concern.
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Is it now possible to receive a expunction for a DWI?
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The new law giving DWI offenders a ‘second chance’ is HB 3016 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB03016F.htm). The law allows first time DWI offenders to apply for an order of “non-disclosure” (as opposed to a full expunction), which would place restrictions on who can see your criminal record, IF you get an “ignition interlock” installed in your vehicle. For more information, I would recommend reaching out to a criminal defense law firm.
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any new law for disabled veterans
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Hi Lupe, I found three new laws relating to disabled veterans:
1) HB 1101 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01101F.htm) Relating to the authority of the chief appraiser of an appraisal district to require a person to file a new application to confirm the person’s current qualification for the exemption from ad valorem taxation of the total appraised value of the residence homestead of a 100 percent disabled veteran.
2) SB 1936 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01936F.htm) Relating to the issuance of specially marked driver’s licenses and personal identification certificates to disabled veterans.
3) SB 441 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00441F.htm) Relating to eligibility of surviving spouses of disabled veterans for specialty license plates.
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Any marijuana laws?
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No marijuana reform bills made it to the Governor’s desk this year.
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thank you Texas, it is gateway drug that leads to horrible outcomes for our society. Medical marijuana for certain conditions should be looked into further by prescription only. Keep all the people who live their lives “high” off our streets.
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What about the people it helps ? I. Have P T S D and that is the only meds POT ( THC) is a very big part of Dilling with my quality of life. So please look at the people that helps some children as well.!
Thank you for your time.
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What happened to the bills regarding daylight savings time change?
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HB 2400 (relating to daylight saving time) was left pending in committee at the end of the legislative session, and thus failed to become law.
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I’m in a wheelchair and the bank of mailboxes where I live is not accessible. Isn’t the U.S. Post Office in violation of the ADA?
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What is the new law regarding cutting down trees on your own residential lot to build a personal home?
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Hi Scott, the law you’re referring to is outlined in House Bill 7 (http://www.legis.state.tx.us/tlodocs/851/billtext/html/HB00007F.htm), and allows property owners to offset municipal fees for removing trees on their land by planting new trees in their place.
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There had been a bill proposed regarding dog treatment; they couldn’t be chained up, had to be provided adequate shelter….etc.
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No, House Bill 1156 (relating to the unlawful restraint of a dog; creating an offense) was returned to committee, and thus failed to pass this legislative session.
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Any new laws relating to schoolteachers?
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Hi Marilyn, I found a few new laws relating to schoolteachers:
1) HB 21 (http://www.legis.state.tx.us/tlodocs/851/billtext/html/HB00021F.htm) Relating to public school finance, including funding for the recruitment and retention of teachers and the support of participants in the public school employees group insurance program.
2) HB 1469 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01469F.htm) Relating to qualifications for certain teachers employed by certain open-enrollment charter schools.
3) HB 2039 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB02039F.htm) Relating to creating an early childhood certification to teach students in prekindergarten through grade three.
4) HB 3563 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB03563F.htm) Relating to parental notification regarding public school teacher qualifications.
And there were also a few laws passed relating more to the “Teacher Retirement System of Texas”
1) HB 1428 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01428F.htm) Relating to mediation of the settlement of certain out-of-network health benefit claims involving balance billing for members of the Teacher Retirement System of Texas.
2) SB 1663 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01663F.htm) Relating to contributions to, benefits from, late fees imposed by, and the administration of systems and programs administered by the Teacher Retirement System of Texas.
3) SB 1664 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01664F.htm) Relating to contributions to, benefits from, membership in, and the administration of systems and programs administered by the Teacher Retirement System of Texas.
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Did the law get passed about lane splitting on a motprcycle?
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No, both bills related to lane splitting (SB 442 and HB 813) failed to pass this legislative session.
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HB 1819 if I’m correct, sums up that anything that is legal federally (BATF) is legal in Texas. Texas had some wording that left some “legal” firearms illegal in Texas. Also cleared the way that if the hearing protection act is passed suppressor will be Texas legal, they would also have been denied in Texas due to wording.
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As far as I can tell from the text of the bill (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01819I.htm), a person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells a firearm silencer unless “classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.
Unfortunately this is not an area of law our firm is familiar with, and I would strongly recommend speaking with an attorney who handles firearm-related matters for clarification on HB 1819.
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Any news on the legalization of marijuana in Texas?
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No marijuana reform bills made it to the Governor’s desk this year.
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There was a bill to add some type of tax for residents in nursing home and/or assisted living facilities. If I recall correctly, the tax collected was to be sent to the State but would somehow be sent back to the nursing/assisted living owner. Passed?
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The “granny tax” bills you’re referring to (Senate Bill 1130 and House Bill 2766) did not pass and failed to become law.
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Got. Aquestion about insurance death benefits…..recently a friend lost his wife ….ex wife..they were just divorced..she had a death policy but did not change the beneficiary…mind you they just got divorced 2 weeks pryior to her death.per the decree of divorce there is a statement says husband not entitled …but the beneficiary was never changed ..who is beneficiary.?..no children …
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Unfortunately, our firm doesn’t handle estate/probate issues. I strongly recommend reaching out to an estate attorney for clarification (look for one who offers free consultations).
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Are there any new laws concerning marijuana usage – recreational or medicinal?
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No marijuana reform bills made it to the Governor’s desk this year.
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Have you heard anything about cannabis approval legislation for medical use
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No marijuana reform bills made it to the Governor’s desk this year.
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Any new law regarding mandatory requirements for G3 criminal offenders? Current requirements were mandatory 50% of sentence incarceration however there was a law to reduce mandatory incarceration to 35%? Thanks!
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Any idea if constitutional carry will be brought up again?
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I was recently interviewed for a retail management position and was told that I would not be drug tested due to a new law. I should of inquired about it during the interview but I didn’t and can’t find anything on the internet about it. Any knowledge of the subject?
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Unfortunately, I can’t find any new laws passed this year which deal with drug screening.
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Any new laws on childs car seat?
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The only new law I could find which addresses child car seats is HB 1372 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01372F.htm), which states that information relating to the proper use of child passenger safety seat systems now needs to be included in the curriculum of each driver education and driving safety course.
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Was the Equal Parenting Bill HB 453 passed?
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House Bill 453, which would have addressed parental equality, died during the legislative session in May and thus failed to become law.
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Are there any new employment laws?
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There were several bills passed which touched on the topic of employment, including:
1) HB 88 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00088F.htm) Relating to an unlawful employment practice by an employer whose leave policy does not permit an employee to use leave to care for the employee’s foster child.
2) SB 73 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00073F.htm) Relating to leave policy and procedures for state employees.
3) HB 108 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00108F.htm) Relating to the use of the skills development fund to facilitate the relocation to or expansion in this state of employers offering complex or high-skilled employment opportunities.
4) HB 257 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00257F.htm) Relating to a report by the Texas Workforce Commission regarding the transition from military service to employment.
5) HB 1469 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01469F.htm) Relating to qualifications for certain teachers employed by certain open-enrollment charter schools.
6) HB 3270 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB03270F.htm) Relating to criminal background checks for persons employed by certain public school contractors.
7) SB 588 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00588F.htm) Relating to information regarding private employers who have veteran’s employment preference policies.
8) SB 2027 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB02027F.htm) Relating to a study to evaluate by region training and employment opportunities in this state for individuals with an intellectual disability.
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Do you know what was the argument/reason/justification for taking away straight party ticket voting?
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Supporters of the bill say removing the option will force voters to make more informed decisions in individual elections, and that Texas is one of only nine states that still allowed straight-ticket voting. Opponents say the legislation will disproportionately impact minority voters.
Though the state does not collect data on straight-ticket votes cast, there have been generally fewer Republican straight-ticket votes and more Democratic straight-ticket ballots in Texas’ largest 10 counties over the past four presidential elections.-
The only difference that will make is time.
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What was the outcome of SB 1620 (Relating to the regulation of raising or keeping six or fewer chickens by a political subdivision)?
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SB 1620 was passed by the Senate, but was never voted on by the House before the end of the legislative session and thus failed to become law.
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I was told by an officer that after Sept 1, he would no longer be allowed to give verbal warnings for traffic infractions, like rolling through a stop sign on a bike. He stated that he would have to give a written warning, or write a ticket. Is this in the new laws?
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No, this is not a new Texas law. I suspect that this police department may just be implementing a new internal policy. Technically, the city MAY have passed a local ordinance relating to this, but I still see that as extremely unlikely. I would try contacting the department using a non-emergency line, and seeing if they can verify/elaborate.
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Anything regarding red light cameras?
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There were two bills filed relating to red light tickets this year. SB 87 (which aimed to prevent county and state officials from withholding vehicle registrations because of outstanding red-light camera tickets), and SB 88 (which aimed to prohibit red light cameras completely). While both bills passed the Senate, they were never voted on by the House and both ultimately failed to become law.
You may want to look at this story, though: http://kxan.com/investigative-story/red-light-cameras-across-texas-could-be-operating-illegally/
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Can my son get married at 17? Do they grace days?
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Hi Tonya,
There is no grace period. The law now states that “A county clerk may not issue a marriage license if either applicant is under 18 years of age, unless each underage applicant shows that the applicant has been granted by this state or another state a court order removing the disabilities of minority of the applicant for general purposes” (i.e., a judge has issued a court order finding that the minor lives on their own and are no longer dependent on parents or guardians to support themselves).
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What are the new laws passed on divorce?
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Hi Ryan,
I found three new laws which seem to relate to divorce:
1) HB 2703 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB02703F.htm) Relating to a temporary order appointing a receiver in a suit for dissolution of a marriage.
2) SB 1237 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01237F.htm) Relating to procedures in a suit for dissolution of a marriage or a suit affecting the parent-child relationship.
3) HB 45 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00045F.htm) Relating to requiring the Texas Supreme Court to adopt rules and provide judicial instruction regarding the application of foreign laws in certain family law cases.
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What about if the parent has been out of the childs life for 10 yrs and he didnt follow the court papers all this time and now suddenly he wants to see the child and the child has never know him what rights do I have as the mother can if adoption can be made with the step dad
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Hi Maria,
I wish I could offer advice, but unfortunately we don’t practice family law at our firm. I recommend seeking out an attorney near you who offers free consultations.
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What are the new laws for car seat/boosters? Age, weight, height?
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The only new law I found which addresses car seats is HB 1372 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01372F.htm), which only states that information relating to the proper use of child passenger safety seat systems must now be included in the curriculum of each driver education and driving safety course.
See this page for information from TxDPS on child safety seats: https://www.dps.texas.gov/director_staff/public_information/occSafetyPrgmFAQs.htm#ChildOcc
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I have a question… In order for a new born baby to have his fathers full name or for her to have his last name by any chance do you have to be married? Not sure if that’s the new law?
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I don’t see any new laws which appear to address that, but I would recommend speaking with a family law attorney for more information.
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I just read where daggers, knives, swords, etc., have been taken off the restricted list and are now considered open-carry. Are there any new or existing laws regulating the open-carry of knives and such into retail establishments or other businesses, or do you suppose each business will have to adopt measures on their own?
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As far as I know (and I recommend speaking to a criminal defense attorney for clarification), there are still places you can’t carry a long blade, including: schools, school buses, bars (businesses earning more than 51 percent of their income from alcohol to be consumed on the premises), polling places, government courts or court offices, any place where a sporting event or interscholastic event is taking place, correctional facilities, racetracks, amusement parks, churches/synagogues/places of worship, in secured areas of airports, and 1,000 feet around hospitals or nursing facilities. Business owners are also permitted to post signs prohibiting anyone from bringing a knife on the property.
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Has there been any decision to treat e-cigarettes as real tobacco cigarettes.?
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Not that I can find. The only bill passed that seems to mention e-cigarettes is SB 489 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00489F.htm) which relates to recommendations regarding instruction in public schools to prevent the use of e-cigarettes.
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Were there any laws passed concerning juveniles? Like about giving good time and or about sentence reduction on life sentences for offenders tried as adults?
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I did find a few new laws that appear to deal with juvenile offenders, but I would strongly recommend speaking with a criminal defense lawyer for more-specific information.
1) HB 156 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00156F.htm) Relating to establishing a pilot program in designated public high schools in certain municipalities for placement of students in Junior Reserve Officers’ Training Corps programs as an alternative to placement in disciplinary or juvenile justice alternative education programs.
2) HB 1204 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01204F.htm) Relating to the provision of services as an alternative to adjudication for certain children who engage in conduct in need of supervision or delinquent conduct and to a study on certain juvenile justice issues.
3) SB 1177 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01177F.htm) Relating to requirements for charter schools established for the benefit of certain juvenile offenders.
4) SB 1304 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01304F.htm) Relating to confidentiality, sharing, sealing, and destruction of juvenile records.
5) SB 1548 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB01548F.htm) Relating to post-discharge services offered by a juvenile board or juvenile probation department to a child after the child’s probation period ends.
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Has the sentenced time for an aggravated felon been reduced?
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Did the law change from 50% to 1/3 on sept. 1 on Texas?
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For all of those who don’t have children in their daily lives…. Is a child car seat required if there are no children to use them?? What if asked on (one) rare occasions to transport a child and the driver doesn’t have access to a car seat because they never needed one and probably never will again?? Could driver be ticketed for not having a car seat??
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Hi Pat,
According to the language of the law (§ 545.412 of the Texas Transportation Code), “A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.” If on a rare occasion you’re asked to transport a child under 8 years old, we strongly recommend that you ask the parent or guardian to also supply you with their booster seat.
There is an affirmative defense to prosecution (i.e., you can still be ticketed, but have it dismissed later) if “the person was operating the vehicle in an emergency,” or if “the defendant provides to the court evidence satisfactory to the court that, at the time of the offense: (1) the defendant was not arrested or issued a citation for violation of any other offense; (2) the defendant did not possess a child passenger safety seat system in the vehicle; and (3) the vehicle the defendant was operating was not involved in an accident. AND subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required to be secured in a child passenger safety seat system.”
I hope this helps, but I strongly recommend speaking to a criminal defense lawyer for further clarification.
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I have been told as of Sept 1, 2017, erythromycin opthalamic ointment for newborns is no longer a state law in Texas but I can’t find the text anywhere. Will you point me in the right direction if able to? Thank you!
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Hi Kristiana,
Yes, House Bill 2886 (which was passed this year and went into effect September 1st, 2017) amends Sec. 81.091 of the Texas Health and Safety Code (“OPHTHALMIA NEONATORUM PREVENTION; CRIMINAL PENALTY”) by adding subsection g-1, which states that “A physician, nurse, midwife, or other person in attendance at childbirth who is unable to apply the prophylaxis as required by this section due to the objection of a parent, managing conservator, or guardian of the newborn infant does not commit an offense under this section and is not subject to criminal, civil, or administrative liability or any professional disciplinary action for failure to administer the prophylaxis. The physician, nurse, midwife, or person shall ensure that the objection of the parent, managing conservator, or guardian is entered into the medical record of the infant.”
See Section 81.091 of the Texas Health and Safety Code here: http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.81.htm, and the text of HB 2886 here: http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB02886F.HTM
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Why has”lane splitting” laws not been brought up for commitee examination and vote? I am a small cc mc and scooter rider in Houston, and all indicators from California point to it’s contribution of numerous lives saved! Let us educate the public with signage to split the lanes while at traffic lights. It’s not about what the opinion of many four wheelers think or espound, but the elimination of rear end fatalities at the back of the pack, often by distracted and or drugged or intoxicated drivers. Let us put Texas at the forefront of safety for all drivers, just as California has done!
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Did SB 1620 Pass? Allowing to keep 6 or fewer chickens?
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Hi Awni, while SB 1620 was passed by the Senate, it was never voted on by the House before the end of the legislative session and thus failed to become law.
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There was a proposed law that was slated to legalize the useage of ATV’s on Texas Roadways so long as it was within certain distances, etc. from ones home; did that fail or get revised or approved in any way?
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Hi Fred,
There were two new laws relating to the use of ATVs that passed this legislative session.
1) HB 920 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB00920F.htm) Relating to the operation of all-terrain vehicles and recreational off-highway vehicles.
2) HB 1956 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01956F.htm) Relating to the operation of certain off-highway vehicles.
HB 920 simply amends the triangular flag requirement and permits emergency services workers (in addition to peace officers) to travel up to 10 miles from the point of origin to the destination.
HB 1956 appears to primarily alter the language in order to apply different rules to golf carts, ATVs and UTVs.
I also found another ATV-related bill that failed to pass this year. SB 684 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00684I.htm) sought to allow local authorities to allow and regulate of the operation of utility vehicles, all-terrain vehicles, and recreational off-highway vehicles on public roadways, but ultimately failed to pass.
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Hi Awni. What happened with HB 2974? “Sextortion” has become an epidemic mainly targeting minors. I understand other laws are in place both federally and on the state level which cater more to the Sexual Performance by a Child and Child Pornography laws but sometimes these elements require a tremendous amount of leg work and investigation to get these alleged predators off the streets. I believe HB 2974 would provide law enforcement a more direct approach to attack the problem before a child becomes a target.
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Unfortunately, HB 2974 was ultimately withdrawn, and pursuant to Rule 6, Section 24 of the House Rules, was returned to the Committee on Local and Consent Calendars. I cannot tell why this particular bill was not voted on, but I agree with your assessment and hope to see the bill reintroduced during the next legislative session in 2019.
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Are there any new laws about your vehicle exhaust? Preferably on classic vehicles.
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Bryce, unfortunately I couldn’t find any newly-passed laws which deal with vehicle exhaust. There were a few bills passed relating to inspections of commercial vehicles, and one proposed bill (SB 1588) WOULD HAVE eliminated vehicle inspections entirely, but it failed to pass.
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what new laws are established and passed in regards to medications given in the nursing home setting? prohibited medications?
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Hi Stacey, I couldn’t find any new laws which seemed to address medication in nursing homes, assisted living centers, etc. Is there something in particular that you’re concerned about?
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Did HB 2992 pass?
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Hi Shelby,
HB 2992 was returned to the Local & Consent Calendars Committee, and thus failed to become law this legislative session.
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Cannot find the new law on burning of household refuse anywhere on line. Did it go into effect and what constitutes household refuse?
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The closest thing I could find to what you described is HB 1619 (http://www.legis.state.tx.us/tlodocs/85R/billtext/html/HB01619F.htm) Relating to the prosecution and punishment of certain outdoor burning violations. This bill passed and went into effect September 1st, but I’m not sure it’s the bill you were referring to. From a cursory reading, I believe the bill essentially gives local ordinances precedence when prosecuting 1st-time outdoor burning violations that don’t involve “heavy oils, asphaltic materials, potentially explosive materials, or chemical wastes,” but doesn’t appear to add language which permits burning of household refuse.
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What about having chickens??
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While SB 1620 (relating to the regulation of raising or keeping six or fewer chickens by a political subdivision) was passed by the Senate, it was never voted on by the House before the end of the legislative session and thus failed to become law.
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Was there a new law passed that all parolees must parole out to a halfway house rather than a private residence?
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Hi Jean,
After a cursory search, I couldn’t find any new laws that seemed to address this issue. We’re a personal injury law firm, so I’m not 100% familiar with this area of the law, but I would recommend speaking to a criminal defense law firm for a better answer. Thank you.
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How much trouble can u get in for underage vaping
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Psychiatrist said there’s a new Texas law where they have to see you every month for controlled substance prescription and can only write a 30 day script. It used to be a 30 day script with 3 refills and you only had to see him every three months. This now means we have to pay the expensive copay every month and take time off to go. And this particular doctor stopped taking insurance so this visit was $125! But I can’t find any law having to do with this.
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Did red light cameras get nanned on the state of Texas
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Hi Paul, the short answer is no; Texas has not banned red light cameras.
The Texas legislature passed Senate Bill 1119 in 2007, which gave cities the right to charge drivers civil fines for red light violations instead of a criminal penalty, opening the doors to red light cameras. While several bills have been proposed in recent years to ban the cameras statewide (most-recently Senate Bill 88 filed in 2017), none have become law.
Some cities (e.g., Arlington, Baytown, League City, Conroe, etc.) have already done away with them or voted to ban their use, and lawmakers will likely try once again to ban them statewide when the Texas Legislature reconvenes in 2019.
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I’m a DISABLED VETERAN with 100% unemployability and I had disabled VETERAN plates put on my wife’s car. We divorced in April 17 and I seen her 3 day’s ago with disabled VETERAN plates on her vehicle. Since I’m the VETERAN and she isn’t will she have to give the plates back to the state. I had 23 MILITARY SURGERIES and deserve then. She is freeloading off of me and the STATE OF TEXAS and now we’re divorced does she need to give them back to the state?
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Unfortunately I don’t have an answer your question. You may find an attorney who knows more about this specific area of law, but I would also recommend reaching out to the DMV (888-368-4689) or your local county tax office for clarification.
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Did senate bill 1630 pass so you can have chickens in a neighborhood without the hoa complaining?
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Hi Annette. The bill you’re referring to is actually SB 1620. While that bill was initially passed by the Senate, it was never voted on by the House before the end of the legislative session and thus failed to become law.
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What happened with SB 1620 the “Chicken Bill” ?
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I was wondering why do we have to take the whole driving test all over again after being expired for 3 years? I’ve been driving since I was 15 and I am now 52. I’ve been incarcerated for 3 and half years
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I was trying to understand your comment on UTV laws. Does this mean the law remains as is that it can’t be driven on public lanes unless you’re a farmer or first responder?
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Was a law passed that denied a judge the authority to make addresses on protective orders confidential?
Or maybe requires the to strike it from the record but requires them to provide it to law enforcement? -
What about any laws that protects families from being harassed by the department of child protection services? Are there any laws up to now saying they cant terminate parental rights due to a charge without a conviction?
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I’ve been told our 100% vote needed to change a paragraph in our CC&R’s that protects our common area preserve has been over ruled down to a 67% vote.
We are currently to review all our POA docs for change and have told this section will be changed to the 2/3 vote to pass loosing the protection we had. Within this section also states the preserve cannot be reduced in size yet the board is setting to rent our ranch house for private use. Two Attorneys have told us this is reducing the preserves footprint stating no part of the preserve can be set aside for private use short or long-term, are they correct? -
do you know of any criminal justice reform related bills yet?
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Is the 70/30% a law for inmates true or not?
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how many laws are on the books here in texas that are active?
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Is there a new Texas law that prevents business owners from taking legal action against someone posting a negative review, related to their business, on the internet?
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Are Texans allowed to keep hens? I thought a law went into effect September 2017 saying HOA may not impose a limit on residents pertaining to 6 or fewer hens.