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Texas Gov & Administrative Law Questions & Answers
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.
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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.
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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

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... View 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... View More

John Cucci Jr.
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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...
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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... View 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... View 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,... View 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... View 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

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