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The State Laws of Texas

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Disclaimer: Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. Texas Abortion Laws Within the state of Texas, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Texas state legislation expresses a variety of stipulations with regard to a legal abortion process: •A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Texas •An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Texas, public funds may be used for abortions only in the case(s) that the life of the mother is in danger •Individuals accused of performing illegal abortion procedures can be punished with 5 years to life incarceration; facilities providing abortion services must operate with a license – the failure to do so can result in daily fines ranging from $100 - $500 •A third-trimester abortion is permissible in the event that the life of the mother is in danger Texas Common Law Marriage Common Law Marriage is currently legal in the state of Texas Texas Marijuana Laws Within the state of Texas, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Texas State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Texas: Possession of Marijuana Charges 1.Amount: 0 – 2 ounces •Penalty: 180 days’ incarceration •Fines: $2,000 •Classification: Class B Misdemeanor 2.Amount: 2 – 4 ounces •Penalty: 1 years’ incarceration •Fines: $4,000 •Classification: Class A Misdemeanor 3.Amount: 4 ounces – 1 pound •Penalty:180 days’ to 2 years’ incarceration •Fines: $10,000 •Classification: State Felony 4.Amount: 1 – 5 pounds •Penalty: 180 days’ to 2 years’ incarceration •Fines: $10,000 •Classification: State Felony 5.Amount: 5 to 50 pounds •Penalty: 2 to 10 years’ incarceration •Fines: $10,000 •Classification: 3rd Degree Felony 6.Amount: 50 – 2,000 pounds •Penalty: 2 to 20 years’ incarceration •Fines: $10,000 •Classification: 2nd Degree Felony 7.Amount: 2,000+ pounds •Penalty: 5 to 99 years’ incarceration •Fines: $50,000 •Classification: Felony Cultivation and/or Intent to Distribute Marijuana Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur upwards of $10,000 penalties and an additional 2 to 20 years’ incarceration 1.Amount: less than 1/4th ounce (Gift) •Penalty: 180 days’ incarceration •Fines: $2,000 •Classification: Class B Misdemeanor 2.Amount: less than 1/4th ounce (Sale) •Penalty: 180 days’ incarceration •Fines: $4,000 •Classification: Class A Misdemeanor 3.Amount: 1/4th ounce – 5 pounds •Penalty:180 days’ to 2 years’ incarceration •Fines: $10,000 •Classification: State Felony 4.Amount: 5 – 50 pounds •Penalty: 2 to 20 years’ incarceration •Fines: $10,000 •Classification: 2nd Degree Felony 5.Amount: 50 – 2,000 pounds •Penalty: 5 to 99 years’ incarceration •Fines: $10,000 •Classification: 1stDegree Felony 6.Amount: 2,000+ pounds •Penalty: 10 to 99 years’ incarceration •Fines: $100,000 •Classification: Felony Medical Marijuana Within the state of Texas, Medical Marijuana is considered to be illegal both for patient use and cultivation Texas DWI and DUI Laws Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Texas: •Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Texas, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .00% •The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense •In Texas, supplementary penalties may be incurred due to BAC levels exceeding .15% •Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Texas, law enforcement agents are permitted to act in accordance with implied consent laws •Upon a third DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle Texas Gun Laws A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Texas, handgun laws are as follows: •The sale, ownership, or possession of handguns with regard to convicted felons within 5 years of their release, individuals who have been in long-term care in a mental health facility, and minors without parental consent is illegal in the state of Texas •A waiting period for the purchase of a firearm does not currently exist in the state of Texas •Current listing or report of forearms considered to be illegal in the state of Texas: Machine guns, automatic weapons, silenced firearms, explosive ammunition, and armor piercing bullets •Legal Codes: 46.05(Texas gun laws), 46.03, 46.11(the prohibition of firearms within a school zone) Texas Adoption Laws In the state of Texas, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; spouses must agree to adopt in joint fashion: •Within the state of Texas, and individual must maintain residence for a period of no less than 6 months •Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption •Within the state of Texas, the Department of Human Services mandates all adoptions •The statute of limitations available to challenge an adoption is 6 months’ time subsequent to the adoption Texas Employment and Labor Laws •Within the state of Texas, the minimum wage is $6.25 - $7.25 awarded per hour of labor •State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Friday following Thanksgiving, Christmas, Memorial Day, Veteran’s Day, Texas Independence Day, Martin Luther King, Jr.'s Birthday, President’s Day, San Jacinto Day, Emancipation Day in Texas, Lyndon Baines Johnson Day, and Election Day •Within the state of Texas, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment Texas Divorce Laws Within the state of Texas, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage: •A divorce must be filed subsequent to 60 days residence within the county of Texas; 6 months residency in Texas required •‘No Fault’ divorce does exist on the grounds of lack of supportability due to discord; couple must remain separated for 3 years’ time •Adultery and Domestic violence are supplementary grounds for divorce Texas Death Penalty Laws Within the state of Texas, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure: •In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed •The minimum age permissible for a capital punishment sentence is 17 •Within the state of Texas, homicide is considered to be the only crime punishable by death •The accepted means of capital punishment is lethal injection Texas Gambling Laws Within the state of Texas, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth: •Horse racing wagering is legal •Greyhound racing wagering is legal in the event that the facility obtains no more than 3 licenses •Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Texas Texas Child Laws Within the state of Texas, the following stipulations with regard to child laws and child custody are recognized: •Joint custody is permitted •The rights implied within grandparental visitation are recognized •The wishes of any or all children involves are taken into consideration with regard to a custody decision
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  • State Of Texas

    Disclaimer:

    Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.

    Texas Abortion Laws

    Within the state of Texas, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Texas state legislation expresses a variety of stipulations with regard to a legal abortion process:

    • A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Texas

    • An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Texas, public funds may be used for abortions only in the case(s) that the life of the mother is in danger

    • Individuals accused of performing illegal abortion procedures can be punished with 5 years to life incarceration; facilities providing abortion services must operate with a license – the failure to do so can result in daily fines ranging from $100 - $500

    • A third-trimester abortion is permissible in the event that the life of the mother is in danger

    Texas Common Law Marriage

    Common Law Marriage is currently legal in the state of Texas

    Texas Marijuana Laws

    Within the state of Texas, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Texas State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Texas:

    Possession of Marijuana Charges

    1. Amount: 0 – 2 ounces

    • Penalty: 180 days’ incarceration

    • Fines: $2,000

    • Classification: Class B Misdemeanor

    2. Amount: 2 – 4 ounces

    • Penalty: 1 years’ incarceration

    • Fines: $4,000

    • Classification: Class A Misdemeanor

    3. Amount: 4 ounces – 1 pound

    • Penalty: 180 days’ to 2 years’ incarceration

    • Fines: $10,000

    • Classification: State Felony

    4. Amount: 1 – 5 pounds

    • Penalty: 180 days’ to 2 years’ incarceration

    • Fines: $10,000

    • Classification: State Felony

    5. Amount: 5 to 50 pounds

    • Penalty: 2 to 10 years’ incarceration

    • Fines: $10,000

    • Classification: 3rd Degree Felony

    6. Amount: 50 – 2,000 pounds

    • Penalty: 2 to 20 years’ incarceration

    • Fines: $10,000

    • Classification: 2nd Degree Felony

    7. Amount: 2,000+ pounds

    • Penalty: 5 to 99 years’ incarceration

    • Fines: $50,000

    • Classification: Felony

    Cultivation and/or Intent to Distribute Marijuana

    Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur upwards of $10,000 penalties and an additional 2 to 20 years’ incarceration

    1. Amount: less than 1/4th ounce (Gift)

    • Penalty: 180 days’ incarceration

    • Fines: $2,000

    • Classification: Class B Misdemeanor

    2. Amount: less than 1/4th ounce (Sale)

    • Penalty: 180 days’ incarceration

    • Fines: $4,000

    • Classification: Class A Misdemeanor

    3. Amount: 1/4th ounce – 5 pounds

    • Penalty: 180 days’ to 2 years’ incarceration

    • Fines: $10,000

    • Classification: State Felony

    4. Amount: 5 – 50 pounds

    • Penalty: 2 to 20 years’ incarceration

    • Fines: $10,000

    • Classification: 2nd Degree Felony

    5. Amount: 50 – 2,000 pounds

    • Penalty: 5 to 99 years’ incarceration

    • Fines: $10,000

    • Classification: 1stDegree Felony

    6. Amount: 2,000+ pounds

    • Penalty: 10 to 99 years’ incarceration

    • Fines: $100,000

    • Classification: Felony

    Medical Marijuana

    Within the state of Texas, Medical Marijuana is considered to be illegal both for patient use and cultivation

    Texas DWI and DUI Laws

    Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Texas:

    • Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Texas, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .00%

    • The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

    • In Texas, supplementary penalties may be incurred due to BAC levels exceeding .15%

    • Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Texas, law enforcement agents are permitted to act in accordance with implied consent laws

    • Upon a third DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle

    Texas Gun Laws

    A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Texas, handgun laws are as follows:

    • The sale, ownership, or possession of handguns with regard to convicted felons within 5 years of their release, individuals who have been in long-term care in a mental health facility, and minors without parental consent is illegal in the state of Texas

    • A waiting period for the purchase of a firearm does not currently exist in the state of Texas

    • Current listing or report of forearms considered to be illegal in the state of Texas: Machine guns, automatic weapons, silenced firearms, explosive ammunition, and armor piercing bullets

    • Legal Codes: 46.05(Texas gun laws), 46.03, 46.11(the prohibition of firearms within a school zone)

    Texas Adoption Laws

    In the state of Texas, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; spouses must agree to adopt in joint fashion:

    • Within the state of Texas, and individual must maintain residence for a period of no less than 6 months

    • Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

    • Within the state of Texas, the Department of Human Services mandates all adoptions

    • The statute of limitations available to challenge an adoption is 6 months’ time subsequent to the adoption

    Texas Employment and Labor Laws

    • Within the state of Texas, the minimum wage is $6.25 - $7.25 awarded per hour of labor

    • State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Friday following Thanksgiving, Christmas, Memorial Day, Veteran’s Day, Texas Independence Day, Martin Luther King, Jr.'s Birthday, President’s Day, San Jacinto Day, Emancipation Day in Texas, Lyndon Baines Johnson Day, and Election Day

    • Within the state of Texas, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

    Texas Divorce Laws

    Within the state of Texas, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

    • A divorce must be filed subsequent to 60 days residence within the county of Texas; 6 months residency in Texas required

    • ‘No Fault’ divorce does exist on the grounds of lack of supportability due to discord; couple must remain separated for 3 years’ time

    • Adultery and Domestic violence are supplementary grounds for divorce

    Texas Death Penalty Laws

    Within the state of Texas, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

    • In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

    • The minimum age permissible for a capital punishment sentence is 17

    • Within the state of Texas, homicide is considered to be the only crime punishable by death

    • The accepted means of capital punishment is lethal injection

    Texas Gambling Laws

    Within the state of Texas, Gambling is defined as the purposeful risking of any

    or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

    • Horse racing wagering is legal

    • Greyhound racing wagering is legal in the event that the facility obtains no more than 3 licenses

    • Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Texas

    Texas Child Laws

    Within the state of Texas, the following stipulations with regard to child laws and child custody are recognized:

    • Joint custody is permitted

    • The rights implied within grandparental visitation are recognized

    • The wishes of any or all children involves are taken into consideration with regard to a custody decision

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