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 (31)
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.
Driving While Intoxicated
Texas prohibits driving with a BAC of 0.08% or while impaired by alcohol or drugs. First offense is a Class B misdemeanor with at least 72 hours jail. Penalties escalate significantly for repeat offenses, reaching felony level at the third conviction.
Assault
Texas assault covers intentionally causing injury, threatening injury, or making offensive contact. Simple assault is a Class A misdemeanor. Family violence assaults with prior convictions and assaults on public servants are felonies.
Aggravated Assault
Aggravated assault in Texas involves causing serious bodily injury or using a deadly weapon. It is a second-degree felony with 2-20 years prison. Assault against family members or public servants with serious injury becomes a first-degree felony.
Possession of Controlled Substance — Penalty Group 1
Possessing Penalty Group 1 drugs like cocaine, heroin, or meth in Texas is a felony. Less than one gram is a state jail felony. Penalties increase steeply with quantity, reaching up to 99 years for 200 grams or more.
Theft
Texas theft penalties are based on property value: under $100 is a Class C misdemeanor, $750-$2,500 is Class A, and amounts over $2,500 become felonies. Theft of livestock, firearms, or drugs triggers enhanced penalties regardless of value.
Grounds for Divorce — Insupportability
Texas permits no-fault divorce based on insupportability (irreconcilable differences). Fault-based grounds like adultery and cruelty are also available. A 60-day waiting period applies. Community property is divided in a just and right manner.
Best Interest of the Child
Texas custody decisions prioritize the child's best interest, considering emotional needs, parental abilities, and any family violence history. Joint conservatorship is preferred. Children 12 and older may state a parental preference.
Child Support Guidelines
Texas calculates child support as a percentage of the noncustodial parent's net income — 20% for one child, increasing 5% per additional child. There is a cap on income subject to guidelines. Support lasts until age 18 or high school graduation.
Minimum Wage
Texas follows the federal minimum wage of $7.25 per hour and prohibits cities from setting higher local minimums. Tipped employees can be paid $2.13 per hour if tips bring them to minimum wage. The state has no mandatory paid leave laws.
Employment Discrimination
Texas prohibits employment discrimination based on race, sex, disability, religion, age, and other protected categories for employers with 15+ employees. Complaints must be filed within 180 days. Remedies include back pay and damages.
At-Will Employment
Texas strongly follows at-will employment — either party can end the relationship at any time without cause. Exceptions exist for discrimination, workers' comp retaliation, and jury service. Texas does not broadly recognize public policy exceptions.
Security Deposit Return
Texas landlords must return security deposits within 30 days with an itemized list of deductions. Failure to comply can result in triple damages plus $100 and attorney fees. Texas has no cap on deposit amounts and no interest requirement.
Eviction Notice Requirements
Texas landlords must give at least three days' written notice to vacate before filing for eviction, unless the lease specifies otherwise. Evictions are handled in justice court. Texas prohibits local rent control ordinances.
Texas Limited Liability Company
Texas LLCs are formed by filing a certificate of formation with the Secretary of State. Members have personal liability protection. LLCs may owe franchise (margin) tax if revenue exceeds filing thresholds. No state income tax applies to individuals.
Deceptive Trade Practices Act
The Texas DTPA protects consumers from deceptive business practices including false advertising and misrepresentation. Consumers can recover economic damages, with treble damages for knowing violations. A 60-day pre-suit notice is required.
Texas Lemon Law
Texas lemon law covers new vehicles with unrepaired warranty defects after four repair attempts or 30 days out of service. Consumers file with the DMV within 18 months or 18,000 miles for a replacement or refund.
Intestate Succession — Descent and Distribution
Texas intestate succession gives the surviving spouse all community property when all children are shared. Separate property is divided between spouse and children. Without a spouse, assets pass to descendants, parents, then siblings.
Requirements for a Valid Will
Texas wills must be written, signed, and witnessed by two credible witnesses aged 14+. Holographic (handwritten) wills need no witnesses. The testator must be 18 (or married/military) and of sound mind.
Prima Facie Speed Limits
Texas default speed limits are 30 mph in urban areas and 70 mph on rural highways, with a maximum of 85 mph on certain toll roads. School and construction zone violations carry double fines. Excessive speeding may lead to reckless driving charges.
Small Claims Court Jurisdiction
Texas small claims court (justice court) handles civil disputes up to $20,000. The process is informal and designed for self-representation. Either party may appeal for a new trial in county court. Filing fees are modest.
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.
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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.