Texas is the second-largest state in the United States, with a diverse culture and a thriving economy. To maintain its position as one of the most desirable places to live and work in the nation, Texas has in place numerous laws that promote and protect the rights and the well-being of its residents.
In this article, we will dive deep into some of the most important Texas state laws that you should know as a resident or someone looking to move to the state.
Texas Penal Code
The Texas Penal Code outlines specific actions that are considered crimes in the state, as well as the punishments that accompany them. These criminal offenses are separated into four categories, each with its corresponding punishment range and fines. These categories include:
Class C Misdemeanors: the least severe criminal offenses in Texas, typically with no jail time as a possibility. Examples include traffic violations, minor drug possession, and disorderly conduct.
Class B Misdemeanors: carry up to 180 days in jail and a $2,000 fine. Examples include first-time drunk driving offenses, possession of marijuana, and minor theft.
Class A Misdemeanors: carry up to one year in jail and a $4,000 fine. Examples include theft of something valued from $1,500 to $20,000, criminal mischief for damage between $1,500 and $20,000, and stalking.
Felony Offenses: The most severe criminal offenses in Texas. Felony charges range from state jail felonies, third-degree felonies, second-degree felonies, first-degree felonies, and capital murder. Capital murder carries a maximum sentence of life imprisonment without parole or the death penalty.
Texas Family Law
Family law deals with issues related to marriage and relationships, including divorce, child custody, adoption, and child support. The Texas Family Code governs this area of the law in the state.
In Texas, if you want to get married, you will need to obtain a marriage license from the county clerkâs office. You must be at least 18 years old and not already married or related to one another, either through blood or adoption. Some counties require a blood test before issuing a marriage license.
If a marriage breaks down and ends in divorce, the Texas Family Code divides property and assets between the parties. Texas is a community property state, meaning property obtained during the marriage is typically split equally between the spouses.
Child custody can be a complex issue in Texas, and the courts consider factors such as the child’s best interests, each parent’s ability to provide care, and the child’s wishes. Custody can be joint, with both parents sharing time and responsibility for the child, or sole custody, in which one parent is responsible for the child’s care and decision-making.
Texas Labor Laws
Employment laws in Texas are designed to protect employees from discrimination, harassment, and workplace injuries. The Texas Workforce Commission (TWC) handles issues related to employment laws, including investigation and resolution of disputes.
One key employment law in Texas is the minimum wage requirement. As of January 1, 2022, the minimum wage is $7.25 an hour, the same as the federal minimum wage. However, many Texas cities have a higher minimum wage requirement; for example, the minimum wage in Austin is $15 per hour for most employers.
Another crucial employment law in Texas is the right to work. This means that Texas employees cannot be forced to join a union or pay union dues as a condition of employment. This law also protects employees who choose to refrain from union membership.
Texas Property Law
Property law covers the rights associated with owning and using real and personal property. This area of law in Texas is primarily regulated by the Texas Property Code.
Texas follows the common law system of property, where property rights are determined by rules of ownership and possession, typically based on who owns the property or who has possession of it.
Texas also has unique laws regarding homestead protection, which allows homeowners to protect their homes from creditors. The Texas Constitution prevents creditors from taking someone’s primary residence, also referred to as a homestead, to satisfy certain debts, including credit card debt.
Texas Gun Laws
Texas is a gun-friendly state, and the Second Amendment of the United States Constitution clearly outlines citizensâ rights to bear arms in the state. Still, the state has implemented specific laws regulating firearms ownership, use, and transportation.
In Texas, you must be at least 18 years old to purchase a long gun (rifle or shotgun) and at least 21 years old to purchase a handgun. You must also be a resident of Texas and not be prohibited from owning firearms due to criminal convictions or mental health issues.
Texas allows the open carry of firearms, but you must have a permit to do so. You can obtain a concealed carry license by completing a training course and passing a background check. Texas is also a stand-your-ground state, meaning individuals can use deadly force if they believe that someone poses an imminent threat to their safety.
Texas Health Laws
The Texas Department of Health oversees health laws in the state, which regulate everything from food safety to vaccinations to medical marijuana.
Texas requires school-age children to be vaccinated against numerous diseases before attending school. Medical exemptions are allowed for some vaccinations, but religious and philosophical exemptions are not permitted.
Texas does have a medical marijuana program, but it is only available to individuals with certain qualifying medical conditions, including epilepsy, multiple sclerosis, and Parkinson’s disease. The medical marijuana program does not allow for the smoking of marijuana; instead, only oral or topical administration is permitted.
Final Thoughts
Texas is a state with unique laws and regulations that its residents and those looking to move to the state should know. Understanding the Texas Penal Code, Texas Family Law, Texas Labor Laws, Texas Property Law, Texas Gun Laws, and Texas Health Laws is crucial to living in and navigating the state effectively.
This article is not exhaustive; there are numerous other laws in Texas that individuals must be aware of. Nonetheless, this comprehensive overview of Texas state laws emphasizes the essential areas that every Texan or potential Texan should take the time to understand.
The new laws in Texas, that were passed in 2010, focus on tanning, tobacco, and taxes. In addition to these areas, changes in Texas state laws also refer to a home owner’s liability in regards to a legislator’s ability to rebuild damaged homes caused by hurricanes or natural disasters. The following provisions are considered the newest Texas State laws:
Nobody under the age of 16.5 can use or operate a tanning bed. Those between the ages of 16.5 and 18 must have a parent or guardian’s permission to access a tanning bed.
New Texas state laws require every retailer (who sells cigarettes) to sell fire-safe cigarettes; those who still sell non-fire safe cigarettes will be fined up to $100 a pack.
State laws in Texas require that property appraisers must consider foreclosures and properties which have decreased in value when appraising property taxes.
All owners of rental properties must install fire alarms for hearing impaired tenants upon request.
All college students must provide a doctor’s note providing proof of receiving a vaccination for bacterial meningitis at least 10 days before attending school.
