Texas
Texas state laws, regulations, court decisions, and active legislation
Overview
Texas has the second-largest legal system in the nation, reflecting its enormous size, diverse population, and massive economy. The state's legal framework is strongly conservative, with limited government regulation, no state income tax, and significant protections for property and business interests. Texas has been at the forefront of national legal battles on immigration, abortion, firearms, social media regulation, and energy policy.
Texas's legal system includes unique features like allowing the governor to appoint judges who then face partisan elections, a dual Supreme Court system, and some of the strongest private property protections in the nation. The state's oil and gas industry creates extensive regulatory and litigation activity.
Court Structure
Texas has one of the most complex court systems in the nation, with over 3,000 courts at various levels. Like Oklahoma, Texas has two courts of last resort: the Supreme Court of Texas (civil) and the Texas Court of Criminal Appeals (criminal). The system also includes justice courts, municipal courts, constitutional county courts, statutory county courts, and district courts (over 450 statewide). Judges are elected in partisan elections.
Unique Laws & Facts
- •Texas has separate supreme courts for civil and criminal cases
- •The state's homestead exemption protects an unlimited amount of equity in a primary residence
- •Texas has no state income tax — guaranteed by the state constitution
- •The state's permitless carry law allows carry without any training requirement
- •Texas's unique energy grid (ERCOT) is largely independent from the national grid
Legal Landscape
Texas's legal landscape is defined by its pro-business environment, no income tax, restrictive social policies, permissive gun laws, and significant energy and immigration law activity. The state's sheer size creates immense legal complexity, and its policies frequently become national legal battlegrounds.
Key Texas Laws (11)
Unlawful Carrying Weapons – Permitless Carry (HB 1927)
Texas allows anyone 21 or older to carry a handgun, openly or concealed, without a permit — as long as they are not prohibited from possessing firearms by law (e.g., felons, domestic violence offenders).
Texas Heartbeat Act (SB 8)
Texas prohibits abortions after a fetal heartbeat is detected (approximately 6 weeks of pregnancy). The law is enforced through private civil lawsuits rather than government action.
Driving While Intoxicated (DWI)
Texas DWI applies at 0.08% BAC. First offense carries mandatory 72 hours in jail (6 days at 0.15%+), up to $2,000 fine, and license suspension. Texas has a lifetime criminal lookback for repeat offenses. Third offense is a felony with 2-10 years. DWI with a child passenger is a felony.
Security Deposit Obligations
Texas places no limit on security deposits. Return is required within 30 days. Bad-faith withholding triggers $100 plus triple damages and attorney's fees. No rent control — it is preempted statewide. Only 3 days' notice for non-payment eviction. Very landlord-friendly framework.
Texas Compassionate Use Act (Low-THC Cannabis)
Texas has a very limited medical cannabis program capped at 1% THC for specific conditions like epilepsy and PTSD. Only three dispensaries operate statewide. Recreational marijuana is illegal with up to 180 days in jail for 2 ounces or less. No statewide decriminalization.
Minimum Wage and Employment Regulations
Texas follows the federal minimum wage of $7.25/hour and preempts local minimum wage increases. At-will and right-to-work state. No mandated paid sick leave or family leave. Court rulings struck down local sick leave ordinances in Austin, Dallas, and San Antonio.
Permitless Carry of Handguns (HB 1927)
Texas enacted permitless carry in 2021 for persons 21+. Both open and concealed carry of handguns allowed without a license. No assault weapon bans, magazine limits, or waiting periods. Strong Castle Doctrine and Stand Your Ground protections. Second Amendment Sanctuary state.
Deceptive Trade Practices – Consumer Protection Act (DTPA)
The Texas DTPA is one of America's strongest consumer protection laws. It bans deceptive trade practices and allows treble damages for knowing violations plus attorney's fees. A 60-day pre-suit notice is required. Two-year statute of limitations. Does not apply to claims over $100,000 for businesses.
Best Interest of Child – Custody and Conservatorship
Texas uses 'conservatorship' for custody. Joint managing conservatorship is presumed in the child's best interest. Children 12+ may be interviewed about their preferences. A history of family violence creates a presumption against conservatorship. Standard Possession Orders govern visitation.
Criminal Sentencing – Felony Classifications
Texas felonies range from state jail felonies (180 days-2 years) to capital felonies (death/life without parole). Most offenders are parole-eligible after one-quarter of the sentence. Aggravated '3g' offenses require 50% without good time. The death penalty is actively used.
Grounds for Divorce – No-Fault and Fault
Texas allows no-fault divorce for 'insupportability' plus fault grounds. Community property is divided in a 'just and right' manner (may be unequal). A 60-day waiting period applies. Spousal maintenance is limited, generally requiring 10+ year marriage and demonstrated need.
Pending Legislation (1)
Property Tax Relief Act
Provides additional property tax relief by increasing the homestead exemption and reducing school district maintenance and operations tax rates.