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Texas Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Government Contracts for Texas on
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?

I am a security guard hired to do security for a neighborhood but I don’t know what are the do’s and don’t.

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

The Texas Department of Public Safety regulates and licenses the private security industry in Texas. To become a licensed security guard in the state of Texas, you must first complete the Level II Training Course and Test. All commissioned and non-commissioned (armed and unarmed) security officers... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?

Can they tow cars, or ask people not to smoke weed in a public park?

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

Security guards cannot tow vehicles. Only licensed towing companies can lawfully tow vehicles.

Anyone can ask someone not to smoke weed in a public park, including security guards.

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: I have a question regarding Texas Gov.code sect. 508.1555, how do I get the judge to enforce the code.

I meet the criteria 100% but there seems to be confusion with the parole division on who supposed to do what in regards to how the gov.code sect 508.1555 supposed to be carried out, the parole office agree that I meet the criteria for early release from supervision as stated by law, but they are... View More

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

You can file a writ of mandamus with the district court to compel the Parole Division to follow the statute.

Q: ERISA502(A) My employer's Workmen's compensation plan is based on this part of the law, but they are not compliant.

They are not providing proper medical care

S. Michael Graham
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S. Michael Graham
answered on Aug 19, 2023

My law office doesn't handle ERISA claims. If your claim does not involve negligence on behalf of the employer or other third party, it is almost impossible to obtain legal representation. For this reason, the Carrier's offer little to no support. I like to refer to it as fake... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: How long can Dallas County keep someone that has served their Time but release needs to come from TDCJ State Jail?

Dallas County 283 District Court sentenced a woman to 400 days State Jail and Awarded her 448 days backtime credit. She is still sitting in Dallas County Jail and TDCJ has not received any paperwork from Dallass County since June 28, 2023? Is this a violation of Civil Rights? Who is responsible... View More

Grant St Julian III
Grant St Julian III
answered on Jul 10, 2023

The release must come from TDCJ, but yes, you can file a civil suit. Call an attorney in your area. Good luck,

1 Answer | Asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas on
Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough...
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1 Answer | Asked in Gov & Administrative Law, Health Care Law, Public Benefits and Social Security for Texas on
Q: If i was born with a birth defect that effects my respiratory and blood pressure, why wouldnt the ssa do pulmonary tests

I was born with lung agenesis aka only one lung. My lung pushed my heart more to the left side possibly causing me very high blood pressure. I have severe breathing complications and struggle with mental health. Since the covid pandemic I've caught the virus twice now and my breathing is... View More

James L. Arrasmith
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answered on May 2, 2023

It is understandable that you are concerned about why the SSA has not done pulmonary function tests for your respiratory condition. However, without specific knowledge of your medical history, it is difficult to provide a definitive answer.

It is important to note that the SSA considers a...
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1 Answer | Asked in Gov & Administrative Law and Social Security for Texas on
Q: will getting an llc for someone else affect my social security benefits

I live in San Antonio Texas want to know if getting llc for some one else will affect my social security benefits

James L. Arrasmith
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answered on May 2, 2023

Forming an LLC for someone else should not directly affect your social security benefits. However, it is important to note that the ownership or income from the LLC may be taken into consideration when determining your eligibility for certain government programs, including Social Security benefits.... View More

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Does any branch of government have the ability to medically implant any electronic device in a person against his will a

And to control a person's decision making skills and would be defendant be sole responsible for any crimes committed

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

No, we currently do not have the technology to do so.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Texas on
Q: Can cps change/alter the cut off levels of hair drug test results? Cut off levels for meth are 500. My level was 440?

And the test results it shows that the cut off level for that particular test was 300 for methamphetamine, causing me to yield a positive result. I have taken about seven hair follicle tests, and every other test has a 500 cut off for meth

John Michael Frick
John Michael Frick
answered on Feb 26, 2023

No, CPS does not have the regulatory authority to change drug test cutoff levels.

But be aware that cutoff levels are often different for screening vs confirmation testing, with confirmation cutoff levels being lower due to the greater precision of the tests

1 Answer | Asked in Real Estate Law, Traffic Tickets and Gov & Administrative Law for Texas on
Q: Are San Antonio city ordinances, such as parking ordinance, enforceable in the cities Extra Territorial Jurisdictions?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

The answer to your question would require a look at the ordinances and the language defining the extra-territorial jurisdictions. Usually, all are enforceable.

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Is it legal to have a drivers license in one state and a state ID for Texas?
John Michael Frick
John Michael Frick
answered on Dec 7, 2022

Yes.

Some people maintain residences in different states.

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: My grand daughter let a person take her mustang with the agreement that they would put it in there name by this week.

Finance co said no to him

I told him I would take the car back he won’t give it to me, the police said it was a civil matter what do i do. It’s still in my name I’m afraid he will wreck it.

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

She should complete the Texas Motor Vehicle Transfer form located at: https://www.txdmv.gov/sites/default/files/form_files/VTR-346.pdf

and submit it to the Texas DMV.

You mention a " finance co." Obviously, if your granddaughter still owes money to a finance company based...
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1 Answer | Asked in Gov & Administrative Law for Texas on
Q: What are some free GRANTS for individual senior citizens?

I'm a 59 year old that lost his job this year and my unemployment has run out, and I don't have any savings to live off of. I'm looking at being homeless unless I can find work or money.

I also have disbilities, so I have to work from home, so it's even more difficult... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. There are online resources for finding grants, but it might be quicker to try to find assistance through public agencies. Grants sometimes carry conditions related to... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: How to fix wrong birth year on drivers license in Tx.

When I was 15 my dad got me a TX state ID and somehow changed my birth year to say I was 16 so I could work. The birth year then followed on to my Drivers License. I am now about to turn 47 and I have never fixed this issue due to fear of my dad getting in trouble. He has now past and I want to... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2022

I think your best move is to renew your license in-person,with your birth certificate. Just tell the clerk there seems to be an error on your license. Say nothing else. If you start to tell the government that you were aware of the error and participated in it's production and use, you will be... View More

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1 Answer | Asked in Family Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Texas on
Q: Can an Amicus Attorney 1. Modify a temporary order 2. Strike all of a Pro Se's pleadings?

EXAMPLE:

The court ordered you to pay $2000 almost 2 years ago. According to the rules of civil procedure if you don’t pay within 10 days of when you were ordered the court can strike your pleadings. You have paid a total of $50 leaving an outstanding deposit balance of $1950. If that... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 26, 2022

I doubt the court will strike your pleadings but you need to pay or settle the case,

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Texas on
Q: My husband doesn’t have a hearing scheduled or an indictment it’s been over 45 days. What does this mean?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 23, 2022

If he's still in jail it means he hasn't posted bond. If the bond is too high, you could ask his attorney if there is any chance to get it lowered. However, it is also possible that his attorney won't talk to you since you are not technically the client... your husband is. Most... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: is it a crime to falsify the minutes of an elected government body, a Republican County Executive Committee
Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

I suspect that, for the purposes of a crime like falsifying a government record, the party executive committing is more akin to a private club than a government body. I haven't researched that but that would be my guess.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Forgery of government documents, statute 32.21 e-2. Prison time?

My son’s grandma (not my mom) was recently arrested for “forgery of a financial instrument >2500<30k, ENH IAT.” It was some sort of government document but I can’t see what exactly it was. It’s listed as a third degree felony on her arraignment public record. She has 5 prior... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Dec 20, 2021

Your son's grandma should hire a criminal defense attorney to review her case to determine the best possible outcome as she could be enhanced, meaning given a heavier sentence, if she is a repeat or habitual offender (two prior TDC trips). Under the scenario you provided, it is possible for... View More

1 Answer | Asked in Gov & Administrative Law and Military Law for Texas on
Q: Can I sue my former university for charging me out of state tuition due to the military moving me in highschool?

I applied to a texas colllege and when applying I informed the school that I considered myself a texas resident because I spent my freshmen, sophmore, and half of my senior year at a texas highschool and graduated from said school. I only spent my junior year and half of my senior year in new... View More

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

There are rules that govern when in-state and out of state tuition should be charged. (When I was in school, after being employed in Texas for a year, I qualified for in-state tuition - so I paid out of state tuition for only the first year, and then switched to in-state tuition.) Here's a... View More

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