Texas

The state of Texas is the second largest in the US by area, and population. With nearly 270,000 sq.miles in area, and over 28 million residents living in the state, the south-central state shares borders with Louisiana, Arkansas, New Mexico, and Oklahoma. It is also bordered by Mexican states and the Gulf of Mexico. Houston is the state’s most populous city and 4th most populous city in the country. It was admitted as the 28th state into the union on December 29, 1845.

Texas’ economy was driven by four-prominent industries prior to WWII including cattling, timber, oil, and cotton. The discovery of oil deposits in the state led to the economic boom and was the main driving force in the state throughout the 20th century. Since 2002 Texas has been the leading state in the US in exports, and maintains the second highest GDP in the nation. Today the state is a leading producer in oil, is one of the leading states in government jobs in the tech industry, and has one of the largest economies throughout the US and worldwide.

The government of Texas was set up by the Texas Constitution, and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.  The Dillon Rule is  a legal principle that local governments have limited authority, and can pass ordinances only in areas where they have been granted authority by the larger state government.  The executive branch of the Texas state government includes the Governor, Lieutenant Governor, Comptroller of Public Accounts, Land Commissioner, Attorney General, Agriculture Commissioner, the three-member Texas Railroad Commission, the State Board of Education, and the Secretary of State.   The system in Texas limits the power of the Governor, as each executive branch member (with the exception of the Secretary of State) are elected independently.

Much like the federal government, the legislature of Texas has two houses-the Texas House of Representatives and the Senate.  Again, like the federal government, the Speaker of the House leads the House of Representatives, and the Lieutenant Governor leads the Senate. 

Texas boasts one of the most complicated judicial systems in the country.  The system is described in Article 5 of the Texas Constitution and is further defined by statute, in particular the Texas Government Code and the Texas Probate Code.  The system is complicated by multiple levels and overlapping jurisdictions, with different courts often sharing courthouses.  The court levels are: The Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, Probate Courts, Constitutional County Courts, Statutory County Courts at Law, Municipal Courts and the Justice of the Peace Courts.

The National Law Review covers several stories from the state of Texas and the 5th Circuit Court of Appeals. Cases and stories related to telemedicine and healthcare in the state, data and cybersecurity laws, labor and employment laws, paid sick leave, insurance law, bankruptcy and tax cases, are among the different areas of law visitors will find, as they relate to Texas, on the National Law Review site.

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Apr
28
2021
Business Divorce: Partnership Agreement Was Invalid Where It Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership Winstead
Oct
11
2021
Court Holds That Promissory Note Did Not Allow Partial Conversion To Equity Winstead
Oct
22
2021
Court Reverses Receivership In Trust Dispute Where It Failed To Require The Applicant To Post A Bond Winstead
Jun
19
2023
Federal Court Denies Summary Judgment On Breach Of Fiduciary Duty Claim Against Former Employee Winstead
Dec
1
2023
Court Held That The TCPA Does Not Apply To Claim Involving Texas Trust Code Section 113.28 And Suits Against Third Parties Winstead
Jan
17
2020
Court Rules Against Trustee’s Right to a Jury Trial Where the Trustee Agreed To A Summary Proceeding Winstead
Apr
22
2020
Administering a Trust In a Recession: Issues Surrounding Trust Loans to Beneficiaries Winstead
May
8
2020
Family Law: Transferring Private Company Interest in Divorce—Going Beyond the Basics to Ensure Continued Success and Avoid Conflicts Winstead
Jun
19
2020
Companies Should Know When Their Customers Die: Court Rendered Judgment For An Estate Who Was Sued By An Annuity Company For Overpayments Winstead
Jul
3
2020
Court Holds That Decedent’s Residence Was Homestead That Was Exempt From Claims Against Her Estate Winstead
Aug
10
2020
The Plight of Oppressed Private Company Minority Investors: No Legal Escape Available Without a Buy-Sell Agreement in Place Winstead
Sep
22
2020
Court Affirmed Arbitration Decision Because Multiple Documents Regarding The Resignation And Appointment Of A Trustee Constituted One Large Transaction Winstead
Oct
16
2020
Court Affirms The Equitable Forfeiture Of A Manager’s Partnership Interest Due To Breach Of Fiduciary Duty And Discussed Interesting Jury Instruction Issues Winstead
Dec
7
2020
Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty Winstead
Jan
11
2021
Texas SAFE Act Fosters NIL Winstead
Jun
9
2021
Court Reversed Temporary Injunction Against Co-Trustees Winstead
Jun
21
2021
Community Associations - 2021 Texas Legislature - New Laws Affecting POAs [VIDEO] Winstead
Sep
7
2021
News Alert PID Texas Legislature Update Winstead
Oct
22
2021
Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife Winstead
Jun
28
2022
Court Affirmed Summary Judgment For Bank On Non-Customer’s Aiding And Abetting Breach Of Fiduciary Duty Claim Winstead
Nov
14
2022
Court Refused Mandamus Relief Due To Party’s Failure To Ask Trial Court To Issue New Special Needs Trust Winstead
Feb
11
2024
Court Held That A Trust Terminated Upon The Primary Beneficiary’s Death And That The Trustee Did Not Have Authority To Accept New Assets As A Part Of Its “Winding Up” Authority Winstead
Jan
19
2020
Eliminate Investor Fraud Claims in 2020: Recent Texas Supreme Court Decision Shows the Way Winstead
Jul
3
2020
What Did He Say? A Court Reverses A Statutory Probate Court’s Order Because There Was No Record Winstead
Nov
19
2020
Court Addresses Claims Against A Trustee Arising From The Management Of A Limited Partnership Interest Winstead
Sep
7
2021
Public Improvement Districts Texas Legislative Update Winstead
Oct
11
2021
Court Reversed Trial Court On Interpretation Of Trust Regarding Per Stirpes Versus Per Capita Distributions Winstead
Mar
13
2022
Court Affirmed Order Granting Injunction to Allow Successor Trustees to Manage a Business Owned By a Trust Winstead
Nov
15
2022
Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding Involving The Beneficiary Winstead
Sep
11
2023
Court Holds That an Order Was Not Final for Appeal Where There Was Still an Issue of Intestancy Remaining to Be Determined Winstead
Oct
27
2023
Court Rules That There Is No Right to a Jury Trial in a Trust Modification Suit and Affirms the Modifications of a Trust Winstead
Feb
26
2024
Court Affirmed Award of Damages Against Trustee Due to Breach of Duty to Disclose, Held that Trust was Terminated and Disclaimer was Effective, and Affirmed Award of Attorney’s Fees Against Trustee and Refusal to Allow Trustee to Reimburse Herself Winstead
Jan
20
2020
Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed Winstead
Apr
7
2020
Federal Court Magistrate Recommends Dismissing Borrower’s Breach Of Fiduciary Duty Claim Against A Mortgage Servicer As There Was No Fiduciary Relationship Winstead
May
31
2020
Texas Supreme Court Held That The Reformation Statute For The Rule Against Perpetuities Could Apply To An Instrument Created By A Corporation Because Corporations Can Create Inter Vivos Trusts Winstead
 

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