Texas Legal Questions & Answers
73 plain-English answers to common Texas law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Texas?
Texas property owners file a Notice of Protest with the county Appraisal Review Board (ARB) by May 15 or 30 days after the appraisal district mails the notice, whichever is later…
- How does the lemon law process work in Texas?
The Texas Lemon Law, Tex. Occ. Code §§ 2301.601-.613, is administered by the Texas Department of Motor Vehicles (TxDMV), not the courts. Presumption arises after 4 repair…
- How much of my wages can be garnished in Texas?
Texas prohibits ordinary creditor wage garnishment entirely. Under Tex. Const. art. XVI § 28 and Tex. Prop. Code § 42.001, current wages for personal services are exempt from…
- How do I file a mechanic's lien in Texas?
Subs/suppliers must send monthly Notice to Owner by the 15th day of the 3rd month after work. Record affidavit in county property records by the 15th day of the 4th month…
- What is the personal injury statute of limitations in Texas?
Texas gives 2 years from the date of injury for personal injury claims under Tex. Civ. Prac. & Rem. Code § 16.003. Medical malpractice is 2 years with a 10-year statute of repose…
- How does small claims court work in Texas?
Texas Justice Courts hear claims up to $20,000 under Tex. Gov. Code § 27.031 and Tex. R. Civ. P. 500-507. Filing fees average $54-$104. Attorneys are permitted but not required…
- How do I set aside a default judgment in Texas?
File a motion for new trial under Tex. R. Civ. P. 320 within 30 days of judgment and meet the Craddock test: failure to answer was not intentional or conscious indifference, you…
- Who is liable if a dog bites me in Texas?
Texas follows the common-law 'one-bite' rule from Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). The owner is liable only if the plaintiff proves the owner knew or should have…
- What can I do if I'm a victim of identity theft in Texas?
Texas treats identity theft as a state jail felony to first-degree felony depending on number of items (Penal Code 32.51). Credit freezes are free under federal law. The Texas…
- How does comparative fault work in Texas?
Texas follows modified comparative fault with a 51% bar under Tex. Civ. Prac. & Rem. Code § 33.001 — a plaintiff more than 50% at fault recovers nothing. Joint and several…
- How do I file a public records request in Texas?
The Texas Public Information Act (Gov. Code Ch. 552) requires governmental bodies to promptly produce public information. If withholding, the agency must request an AG opinion…
- What is the statute of limitations for contract claims in Texas?
Texas uses a uniform 4-year SOL for both written and oral contract claims under Tex. Civ. Prac. & Rem. Code § 16.004 and § 16.051. Sale-of-goods cases fall under UCC § 2.725 with…
- What money in my bank account is protected from creditors in Texas?
Texas has no cash wild card, but Tex. Prop. Code § 42.0021 fully protects retirement accounts and current wages are exempt under Tex. Const. art. XVI § 28. Social Security and…
- How do I appeal a denied Social Security disability claim in Texas?
Texas's Disability Determination Services (DDS), operated by the Texas Health and Human Services Commission in Austin, makes initial SSDI/SSI medical determinations. You have 60…
Criminal (10)
- What are DWI penalties in Texas?
Texas calls it DWI under Penal Code § 49.04 with a .08 BAC limit (.04 commercial, any detectable amount under 21). A first DWI is a Class B misdemeanor carrying up to 180 days…
- How do I expunge a criminal record in Texas?
Texas offers TWO main remedies: full expunction under Code of Criminal Procedure Chapter 55 (only for arrests not resulting in conviction, dismissals, acquittals, and Class C…
- How do I get a concealed carry permit in Texas?
Texas issues a License to Carry (LTC) through the Department of Public Safety (DPS) for $40. You must be at least 21 (18 for active military), complete a 4-6 hour classroom course…
- What are the search warrant requirements in Texas?
Texas search warrants are governed by Tex. Code Crim. Proc. art. 18.01 et seq., requiring a sworn affidavit of probable cause to a magistrate. Most warrants must be executed…
- Can I legally record a phone call or conversation in Texas?
Texas is a one-party consent state under Tex. Penal Code § 16.02. As long as you are a party to the conversation (or have permission from a party), you can lawfully record…
- How does bail work in Texas?
Texas governs bail under Tex. Code Crim. Proc. arts. 17.01-17.50, allowing cash, surety, personal (PR), and property bonds. Magistration must occur within 48 hours of arrest. SB 6…
- How does plea bargaining work in Texas?
Texas plea procedure is governed by Tex. Code Crim. Proc. art. 26.13, requiring detailed admonishments. Guilty, nolo, and (rarely) Alford-style pleas are accepted. Defendants who…
- How do I sue police for misconduct in Texas?
42 U.S.C. § 1983 is the primary vehicle; federal qualified immunity is a powerful Fifth Circuit defense. Texas has not enacted a state civil-rights act, and the Texas Tort Claims…
- When can a private citizen make a citizen's arrest in Texas?
Under Tex. Code Crim. Proc. art. 14.01(a), any person may arrest an offender when the offense is a felony or an offense against the public peace committed in the person's presence…
- What pretrial diversion or drug court programs exist in Texas?
Texas relies heavily on deferred adjudication under Code Crim. Proc. art. 42A.101, county-by-county DA pretrial intervention, and specialty courts (drug, DWI, veterans, mental…
Employment (10)
- What is the minimum wage in Texas?
Texas has no state minimum wage above the federal floor. Tex. Lab. Code § 62.051 adopts the federal Fair Labor Standards Act rate, which is $7.25/hour. Tipped employees may be…
- How do I file a workers compensation claim in Texas?
Texas is the only state where workers' compensation is OPTIONAL for employers (Texas Labor Code § 406.002). If your employer is a 'subscriber' (carries workers' comp), you must…
- How do I file for unemployment benefits in Texas?
File online with the Texas Workforce Commission (TWC) at twc.texas.gov as soon as you lose your job. Texas pays $73-$577/week for up to 26 weeks. You need base-period wages of at…
- What is wrongful termination in Texas?
Texas is a strong at-will state with very narrow exceptions. The leading state-law exception is the Sabine Pilot doctrine (Sabine Pilot Service v. Hauck, 1985), which prohibits…
- How do I file a workers' compensation claim in Texas?
Texas is unique — workers' comp is OPTIONAL for private employers under Tex. Lab. Code § 406.002. If your employer subscribes, notify within 30 days (§ 409.001) and file DWC…
- Can I sue for wrongful termination in Texas?
Texas follows strict at-will doctrine with only one narrow public-policy exception: Sabine Pilot (refusing to commit an illegal act). Implied contracts and good-faith covenant are…
- What are my rights against workplace harassment in Texas?
Texas Commission on Human Rights Act (Tex. Lab. Code Ch. 21) is enforced by the Texas Workforce Commission Civil Rights Division. Sexual-harassment claims under § 21.141 now apply…
- Can my employer drug test me in Texas?
Texas has no statute regulating private-sector drug testing. Tex. Lab. Code § 411.091 offers a voluntary workers-comp premium reduction for compliant programs. No marijuana…
- Are non-compete agreements enforceable in Texas?
Texas enforces non-competes that are ancillary to an otherwise enforceable agreement and reasonable in time, geographic scope, and activity restrained, under Tex. Bus. & Com. Code…
- How do I appeal an unemployment insurance denial in Texas?
The Texas Workforce Commission (TWC) administers UI under Tex. Lab. Code Ch. 212. Appeals must be filed within 14 calendar days of the Determination Notice. Maximum weekly benefit…
Family (9)
- How do I file for divorce in Texas?
Texas requires 6 months state residency plus 90 days in the filing county. It is a no-fault state allowing 'insupportability,' though fault grounds exist. File an Original…
- How is child custody decided in Texas?
Texas calls custody 'conservatorship.' The Family Code presumes that parents should be appointed Joint Managing Conservators (Tex. Fam. Code § 153.131), with the best interest of…
- How does alimony work in Texas?
Texas has the most restrictive spousal maintenance regime in the country. Under Tex. Fam. Code Ch. 8, court-ordered maintenance is available only if the marriage lasted 10+ years…
- How is child support calculated in Texas?
Texas uses a Percentage of Income model under Tex. Fam. Code § 154.125: 20% of the obligor's net monthly resources for one child, 25% for two, 30% for three, 35% for four, 40% for…
- How do I get a marriage license in Texas?
Apply in person at any Texas county clerk's office for $60-$85 (waivable for completing a state-approved Twogether in Texas premarital course). Texas imposes a 72-hour waiting…
- How do I establish paternity in Texas?
Texas Family Code Chapter 160 (the Texas Uniform Parentage Act) governs paternity. Parents may sign an Acknowledgment of Paternity (AOP) under § 160.301, which becomes a legal…
- How does the adoption process work in Texas?
Texas adoptions are governed by Tex. Fam. Code Ch. 162. A parent's affidavit of relinquishment under § 161.103 is irrevocable after 60 days (or immediately if so stated) once…
- Are prenuptial agreements enforceable in Texas?
Texas adopted the UPAA at Tex. Fam. Code §§ 4.001-.010. Premarital agreements must be in writing and signed by both parties; no consideration beyond marriage is required…
- How do I get a restraining order in Texas?
Texas protective orders are governed by Family Code Title 4 (Chs. 71-87). Options include Family Violence Protective Orders, Sexual Assault/Stalking Orders (Code Crim. Proc. Ch…
Housing (8)
- What are tenant rights in Texas?
Texas has no statewide rent control, no security deposit cap, requires deposit return within 30 days, allows a 3-day eviction notice for nonpayment, and mandates habitability…
- What is the eviction process in Texas?
Texas requires a 3-day notice to vacate (Prop. Code § 24.005) unless the lease specifies otherwise. Landlord files a forcible detainer suit in Justice of the Peace court; hearing…
- What must a home seller disclose in Texas?
Texas Property Code § 5.008 requires sellers of single-family residences to deliver a Seller's Disclosure Notice (commonly the TREC OP-H form) covering known defects in roof…
- How do I dispute a security deposit return in Texas?
Texas landlords have 30 days from surrender + written forwarding address to return the deposit with itemized deductions (Tex. Prop. Code § 92.103). Bad-faith retention triggers a…
- How do I dispute an HOA assessment or fine in Texas?
Texas governs single-family HOAs under the Residential Property Owners Protection Act (Tex. Prop. Code Ch. 209) and condos under the Uniform Condominium Act (Ch. 82). Owners must…
- What is the eviction process in Texas?
Texas uses a Forcible Detainer suit under Tex. Prop. Code Ch. 24 and Tex. R. Civ. P. 510. Landlords serve a 3-day notice to vacate (modifiable by lease) before filing in justice…
- What can I do if my landlord won't fix uninhabitable conditions in Texas?
Texas Property Code Ch. 92, Subch. B requires landlords to fix conditions materially affecting health/safety. After written notice and reasonable time, tenants may…
- How do I resolve an easement or boundary dispute in Texas?
Texas adverse possession periods range from 3 years (color of title) to 25 years (Tex. Civ. Prac. & Rem. Code §§ 16.024-16.028). Most claims rely on the 10-year statute. Quiet…
Estate (8)
- How do I make a valid will in Texas?
Texas requires the testator to be 18+, married, or in the U.S. armed forces (Estates Code § 251.001). The will must be signed by the testator and 2 credible witnesses age 14+ in…
- How do I create a power of attorney in Texas?
Texas adopted the Uniform Power of Attorney Act in 2017, codified in Tex. Est. Code Ch. 751-752 (Durable Power of Attorney Act). A statutory form is provided at § 752.051. Must be…
- How does probate work in Texas?
Texas probate often closes in 6-12 months under the Texas Estates Code. Texas has not adopted the UPC but offers true Independent Administration (Tex. Est. Code Ch. 401) that…
- Can I disinherit my spouse or child in Texas?
Texas is a community-property state; a surviving spouse already owns one-half of community property and cannot be devised out of it. Texas has no elective share. Homestead and…
- How do I petition for guardianship or conservatorship in Texas?
Texas uses 'guardianship' for both person and estate of incapacitated adults and minors. Tex. Est. Code Title 3 governs, and Ch. 1357 pioneered Supported Decision-Making…
- How do I create an advance healthcare directive in Texas?
Texas Advance Directives Act (Tex. Health & Safety Code Ch. 166) recognizes Directive to Physicians (living will), Medical Power of Attorney, Out-of-Hospital DNR, and MOST form…
- How do I file a quitclaim deed in Texas?
Texas recognizes quitclaim deeds but title companies disfavor them; many Texas attorneys use a Special Warranty Deed instead. Execution needs grantor signature + notary…
- What is the homestead exemption in Texas and how do I claim it?
Texas offers an UNLIMITED creditor homestead for a primary residence on an urban lot up to 10 acres or rural up to 200 acres (Const. art. XVI § 51; Prop. Code Ch. 41)…
Traffic (6)
- How do I fight a parking ticket in Texas?
Texas parking tickets are handled by municipal courts. You typically have 21-30 days (varies by city) to contest by entering a not-guilty plea and requesting a court hearing…
- How long do I have to register a vehicle in Texas?
Texas gives new residents 30 days to register under Tex. Transp. Code § 502.040, and purchased vehicles must be titled and registered within 30 days. You need the title, proof of…
- How do I get my driver's license reinstated in Texas?
Texas charges a $100 reinstatement fee (Tex. Transp. Code § 521.313) plus suspension-specific fees. After a DUI, you must file SR-22 insurance for 2 years and may need an…
- How do I fight a speeding ticket in Texas?
Texas drivers can pay, plead no-contest with a defensive driving course (DDC) once every 12 months under Tex. Transp. Code § 543.111 to dismiss the ticket, or request a trial…
- What are the open container laws in Texas?
Texas Penal Code § 49.031 makes it a Class C misdemeanor to knowingly possess an open container of alcohol in the passenger area of a motor vehicle on a public highway, regardless…
- What happens if I get a DUI/DWI in Texas?
Texas Penal Code § 49.04 makes it a Class B misdemeanor to operate a motor vehicle in a public place while intoxicated (BAC 0.08%+ or loss of normal faculties). A first DWI…
Civil Procedure (4)
- What is the small claims limit in Texas?
Texas Justice Court hears small claims up to $20,000 under Government Code § 27.031, one of the highest limits nationally. Filing fees run $54-$100 depending on the county…
- What is the statute of limitations in Texas?
Texas civil limitations: personal injury 2 years (Tex. Civ. Prac. & Rem. Code § 16.003), written contract 4 years (§ 16.004), oral contract 4 years (§ 16.004), property damage 2…
- Can I get out of jury duty in Texas?
Texas requires US citizens, 18+, county residents who can read and write English under Gov. Code § 62.102. Persons 75 years of age or older may establish an exemption under §…
- How do I legally change my name in Texas?
File a Petition for Change of Name of an Adult in the district or county court of your county (Tex. Fam. Code § 45.101 et seq.), pay roughly $300–$350 in filing fees, submit…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.