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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May
21
2020
Did Your Business Deal Just Do a Disappearing Act? Securing Legally Binding, Enforceable Contract Terms Winstead
Jun
14
2020
Texas Court Held A Claim For An Heirship Proceeding Was Barred By Limitations Even Though A New Statute Provides For No Limitations For Heirship Proceedings Winstead
Sep
14
2020
Receiverships in Trust and Estate Litigation in Texas Winstead
Jun
17
2021
Buzz Surrounding NIL in Texas Exploding as Governor Abbott Signs Texas NIL Bill Winstead
May
16
2022
Texas Passes A New Law To Punish Elder Financial Abuse Winstead
Oct
3
2022
Appellate Court Denies Mandamus Regarding A Trial Court’s Initial Disclosure Order In An Estate Case Winstead
May
15
2023
Court Discusses Holding An Executor In Contempt For Commingling Property Winstead
Jul
7
2023
2023 Texas Legislative Update: Residential Construction Winstead
Sep
6
2023
Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee Winstead
Feb
5
2020
Federal Court Holds That Texas Does Not Have An Independent Aiding And Abetting Claim For Breach Of Fiduciary Duty But Holds That There Is A Knowing Participation Claim And Also Addresses A Claim Against An Auditor For Assisting In Breaches Of Fiduciary D Winstead
Jan
27
2021
Bankruptcy Court Discussed The Fiduciary Duties Owed To A Limited Liability Company And Its Creditors By Its Manager Winstead
Mar
29
2021
Business Divorce: Court Held That Parties Did Not Form A Partnership Where Certain Express Conditions Precedent Were Not Met Winstead
Jun
21
2022
Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockowner Winstead
Aug
6
2022
Court Construed a Will to Provide That Mineral Interests Were Devised to the Surviving Daughter’s Family and to Cut Out a Predeceased Daughter’s Family Winstead
Oct
3
2022
Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity Winstead
Feb
21
2023
Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust Winstead
Jun
19
2023
Texas Legislature Approves HB 2071 Which Revises Public Facility Corporation Exemption for Affordable Housing Winstead
Aug
15
2023
Court Of Appeals Affirmed Findings of Breach of Fiduciary Duty Against Wife in Divorce Proceeding Winstead
May
22
2020
Administering A Trust In A Recession: Securing Loans For Beneficiaries Winstead
Jan
4
2021
Court Reverses Turnover Order That Disregarded A Trust Where The Trustee Was Not A Party To The Proceeding Winstead
Jan
27
2021
Court Holds That Allegations Related To A Trustee’s Filing Of Suit Did Fall Under The Protection Of The Texas Citizens Participation Act, That A Trustee’s Actions To Modify Administrative Terms Did Not Trigger An In Terrorem Clause, But That Other Actions Winstead
Mar
4
2021
Utilizing Tax Credits to Finance Renovation for State Institutes of Higher Education Winstead
Mar
29
2021
Courts Rule On Jurisdictional Issues Involving Probate Orders Winstead
May
28
2021
Texas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The Will Winstead
Mar
4
2022
Court Holds That Trust Was Not Ambiguous and Provided the Trustee Discretion in Making Income Distributions Winstead
Jun
21
2022
Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For Constitutional Review Winstead
Aug
6
2022
Court Reversed Order Admitting a Will to Probate as a Muniment of Title Due to the Statute of Limitations Winstead
Aug
15
2023
Court Affirmed Temporary Injunction Precluding a Surviving Spouse from Acting as Trustee of a Trust Winstead
Oct
10
2023
Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief Winstead
Feb
13
2020
Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will Winstead
Mar
25
2020
Why Wait To Appeal? Texas Has A Permissive Appeal Statute That Allows Parties To Appeal Interlocutory Orders If Certain Conditions Exist Winstead
Dec
7
2020
Use Of Equitable Defenses In Breach Of Fiduciary Duty Litigation Winstead
Jan
4
2021
Court Held That The Term “Spouse” In A Trust Meant The Primary Beneficiary’s Wife At The Time Of The Trust’s Execution And Not A Subsequent Wife Winstead
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
 

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