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Texas Gov & Administrative Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law for Texas on
Q: I had a case with T.E.A in which the State Attorney hide evidence (video) in my hearing and then lied (Under Oath)

This video when presented at my hearing would have proved my innocence. I have emails proving that he knew about the video

0 Answers | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: NOL Carryback, re: 2014,2015 at statutory filing date, can 2015 carryback to 2014?

2014 statutory filing date, Oct 15 2018, filed.

2015 statutory filing date, Oct 15 2019, filed.

After the 2015 filing IRS purported late filing.

Fought and finally won the filing as "timely" then in Aug 2020

IRS said to split the NOL from Casualty and Theft... Read more »

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Can I legally concealed carry a handgun in Texas without a license to carry? Is a safety course required?

Im 21, have no felonies or other restrictions that prevent me from owning a firearm.

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... Read more »

Vonnie Clay Dones III
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... Read 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... Read 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... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Sexual Harassment for Texas on
Q: Can s1 like code compliance just go into yr property with only a search warrant and remove yr personal property ???
Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Texas on
Q: What can be done about a city ordinance that is in violation of the state constitution and federal law?

If enforcement of ordinance would directly violate 1st Amendment

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Texas on
Q: Can one get prosecuted for trafficking when entering any state, in possession of 10gr of pseudoephedrine hydrocloride?

1st time offense. No prescription. Medication bought over a period of time. Individual entering state for holidays.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

You can be arrested and prosecuted for anything. However, you can only be convicted if you enter a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. Ten grams is 10,000 milligrams. A typical pill of pseudoephedrine... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Texas Dps has not fully opened since Texas ended covid restrictions. Need drivers permit before app date can't get it

Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service

Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Gov & Administrative Law for Texas on
Q: Yes I want to know if a court can require. Me to take drug test while on bond before I am convicted of any crime
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... Read more »

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Are collapsible expandable batons legal for open carry in the State of Texas
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

I'm not sure but the first place I would try is chapter 46 of the Texas Penal Code and just mentally replace the word "club" with "baton." Here is the link: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Could a state change the title of their executive from governor to president?

I have looked in the constitution and found no provision requiring state executives to be called governors. So was curious if it was in federal law or if there is no law barring the change and that legislatures only need approve it and it shall be done?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

State Constitutions specify the titles of the executive officers. While the Constitution could be amended to change the title, really, what's the point?

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: The Governor's Oath of office does not include the people; did I miss where he is to protect us and our rights?

I have always thought that governors like the president were expected to defend and protect their people. If so, why is there no mention of this specifically in the Oath?

Teri A. Walter
Teri A. Walter answered on Feb 25, 2021

All public representatives, and lawyers, take an oath to uphold and defend the Constitution. Numerous Supreme Court decisions make it clear that none of them, including the police, have any duty to "protect the people," and frankly, we're all safer that way.

Your interests...
Read more »

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1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Texas on
Q: Summons/citations were served for custody modification but had petitioner name wrong

My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and... Read more »

Rick  Davis
Rick Davis answered on Jan 28, 2021

You really need to have an experienced Family Law attorney examine the documents to see if they are defective.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Is it illegal under 18 U.S.C. §2385 for me to quote the Declaration of Independence?

The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 12, 2021

The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Texas on
Q: Could you clarify how/why the minority of the Court favours an economic model of state paternalism / social democracy?

This is regarding the Supreme court case, Lochner v. New York, 198 U.S. 45 (1905)

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

There's considerable discussion and material on this case online. It could take some effort to narrow the issues down to the specific manner outlined in the description above. One starting point could be the U.S. Supreme Court's blog -... Read more »

Q: I’m about to go to boot camp but I have a pending civil court case for a car accident. Will I be able to go to BC?

Does boot camp qualify the trial to be put on “stay” status?

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Gov & Administrative Law for Texas on
Q: I got video of cops making illegal arrest no warrants and taking pics of drugs they had and pinning charges on friend
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 30, 2020

Provide a copy of the video to your friend's criminal defense attorney.

See chapter 14 of the Code of Criminal Procedure if you are curious about the list of situations where a peace officer can make an arrest without a warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Can a lawyer I have used in the past be hired by the other side
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

A Texas attorney could advise best, but your question remains open for a week. As a GENERAL matter, it could be conflict, maybe not be the readily apparent type where an attorney could not simultaneously represent two parties of opposed interests in the same transaction (such as both sides in a... Read more »

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