Lawyers, Answer Questions  & Get Points Log In
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... Read 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: 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...
Read more »

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... Read 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... Read 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... Read more »

John Cucci Jr.
John Cucci Jr.
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... Read more »

View More Answers

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... Read more »

Penny Wymyczak-White
PREMIUM
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... Read 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... Read more »

Vonnie Clay Dones III
PREMIUM
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 »

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.