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.

Custom text Title Organization Sort ascending
Feb
27
2020
In An Estate Dispute, A Court Held That A Trial Court Should Not Disqualify An Attorney Who Communicated Directly With A Beneficiary Where The Attorney Did Not Know That The Beneficiary Was Represented By Counsel Winstead
May
13
2020
Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition Winstead
Sep
30
2020
Court Affirmed Summary Judgment For Successor Trustees Due To A Clause Stating That They Had No Duty To Investigate Former Trustee’s Actions Winstead
Jan
18
2021
Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Customer Winstead
Mar
16
2021
New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary Winstead
Apr
11
2021
Business Divorce: Court Affirms Denial Of SLAPP Motion Regarding Partnership Divorce Suit Winstead
May
17
2021
Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court’s Personal Jurisdiction Winstead
Jun
30
2021
Wife’s Fraudulent Transfer Claim Against Husband For Transferring Business Interests To Trust Failed Due To The Statute Of Repose Winstead
Jun
5
2022
Suing Attorneys In Texas For Participating in Fiduciary Breaches Winstead
Jan
30
2023
Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court Winstead
Mar
10
2023
Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property Winstead
Aug
9
2023
Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration Agreements in Construction Cases Winstead
Aug
27
2023
Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty Winstead
May
13
2020
Magistrate Suggests Dismissing A Settlor’s Claim Against Trust Protector Because Of A Lack Of Fiduciary Duty Winstead
Jun
8
2020
Keeping Eyes Wide Open When New Members Join the Pack: A Cautious Approach to the Addition of New Business Partners Winstead
Jul
15
2020
Attorney For Lender Did Not Owe Any Fiduciary Duties To Borrower As An Escrow Agent Winstead
Aug
24
2020
Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages Winstead
Nov
2
2020
Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate Winstead
Dec
18
2020
Court Holds That Insurers Do Not Generally Owe Fiduciary Duties To Insureds Winstead
Jan
18
2021
Court Affirmed An Order Modifying A Trust Where The Complaining Beneficiaries Were Not Affected By The Modification, Where The Modification Was Not Contrary To The Purpose Of The Trust, And Where The Beneficiaries Waived Their Right To A Jury Trial Winstead
Apr
11
2021
Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse Winstead
Mar
30
2022
TX-RAMP Requirements for Higher Education Winstead
Jan
31
2023
New Texas Bill Would Provide Qualified Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary Winstead
Jun
14
2023
Court Granted Mandamus Relief To Vacate A Temporary Restraining Order In A Fiduciary Case Winstead
Jan
31
2020
Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The Presumption Of Unfairness Winstead
Mar
12
2020
Court Holds That Devise Of “Personal Property” In A Will Included Tangible And Intangible Property, Including Money In Bank Accounts Winstead
Jul
15
2020
Appellate Court Held That Judgment Construing A Trust Was Enforceable And Had Effect When The Trust Was Later Challenged Winstead
Aug
24
2020
Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court Winstead
Nov
2
2020
Court Reverses Receivership Order In Partnership Dispute Because The Probate Court Did Not Have Jurisdiction To Enter A Rehabilitative Receivership Winstead
Nov
25
2020
Court Affirmed Finding That An Applicant Was Not Equitably Adopted Where There Was No Evidence Of An Agreement To Adopt The Applicant Winstead
Dec
18
2020
Court Holds That Venue For Suit Over Royalties By A Trustee Was Proper Due To Statutory Venue Provision Even Though The Suit Did Not Pertain To The Trust Winstead
Aug
27
2021
Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber Rights Winstead
Jan
2
2022
Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A “No Liability” Order For A Trustee Winstead
Apr
29
2022
Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging All Potential Grounds Upon Which The Order Was Based Winstead
Jun
14
2022
Court Affirmed Order Denying A Family Allowance Winstead
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins