Overview of the Texas Legal System
The legal system in Texas is a complex intertwining of rules, regulations, and legal precedents formed over centuries. It is the foundation on which Texas society is built, and it has a direct impact on the lives of its residents and the operation of its businesses. A general understanding of how the system works can be beneficial, not only to those within the legal profession, but also to laypersons who navigate legal matters in their daily lives.
At the core of Texas’s legal system is the Constitution of the State of Texas. It forms the blueprint for the state’s legal structure and is the supreme source of law, even above the U.S. Constitution. The Texas legislature enacts statutes, which are laws that define and regulate various aspects of life in the state. These statutes are subject to interpretation, and thereby create a body of common law which is adjudicated in the courts.
Texas courts are organized into a dual system of state and federal courts. The federal court system is the same throughout the country, while each state has its own legal framework and court system. Within the state, these courts are divided into two main categories: trial courts and appellate courts. Trial courts hear most types of cases, while appellate courts hear appeals from the trial courts. There are two appellate courts at the state level in Texas – the Texas Court of Appeals for civil/most criminal cases , and the Texas Supreme Court for civil matters. The highest appellate court for criminal cases is the Court of Criminal Appeals.
No matter which court hears a particular appeal, the panel of judges or justices is the judge of last resort and their determination is binding unless the U.S. Supreme Court agrees to review the case based on a writ of certiorari. As long as the U.S. Supreme Court does not review a case, the Texas Supreme Court’s opinion on an issue is binding on all other Texas courts. The role of the Texas courts is to interpret the law, either by itself or by applying the statutes enacted by the Texas Legislature.
An important aspect of Texas law is the system of precedential opinions developed by Texas courts. In making rulings, a Texan judge or justice must determine whether the Texas Supreme Court has previously spoken on a particular issue. When the high court rules on an issue, its decision becomes the controlling authority. It is important to note that lower courts may not rule contrary to the holdings of the Texas Supreme Court. Texan courts issue binding opinions only for cases that have been fully adjudicated in the appellate system. Legal issues are not fully decided until they are reviewed by the state’s highest courts.
Texas law is an important and robust system which undergirds the organization of the state. It has wide-ranging implications for Texas residents and businesses, and it encompasses many complex issues.
The Influence of the Texas Constitution
The second most significant document influencing Texas law is the Texas Constitution. The current Constitution was created in 1876 and has been amended as many as 500 times since then, making it the most frequently amended constitution of any state in the United States. But why so many amendments? The dominant force creating the amendments is the unique history of Texas and a deep commitment from its citizenry to limited government and an understanding of the influence of the power of the state. The Civil War and the Reconstruction era have had a dramatic and long-lasting impact in Texas. The deeply rooted hostility toward the Republican Party and the military were felt by ex-confederates who had lost power during these periods. There were massive strikes against members of the military, and the state government was deemed corrupt. The Mexican – American War contributed even more to the acrimonious relationship between the federal government and the citizens of Texas. Leading to the defeat of what we now refer to as the "Radical Reconstruction". The findings of these politically charged events resulted in the present-day Texas Constitution that was intended to severely restrict the hands of state government and to limit the authority of any single individual or office.
There are several notable amendments across the Texas Constitution that have had significant impacts on the citizens of Texas. The Texas Constitution sets up the judicial system. Article I, Section 15, political activities of judges: This section prohibits members of the judicial branch from engaging in political activity. In University of Texas v. Am. Petrofina Ref. & Mktg Co., the Texas Supreme Court ruled that challenges to the statute based upon the constitutionally permissible boundaries of judicial ethics did not invalidate the statute. They reasoned that the public has a sufficient interest in securing the integrity of the judicial process to justify the statute’s proscriptive requirements and that the state has a compelling interest in ensuring an independent judiciary.
Article III, Section 52 now prohibits the state from participating in the lottery. A change that was made in the 1980s. The impetus seems to have been the response to the large number of gamers who participated in the Texas Lottery that operated from 1992 to 2003.
Article XI, Section 11, the Texas constitutional prohibition against same-sex marriage was invalidated as unconstitutional in 2015. United States v. Windsor, struck down a provision of the Defense of Marriage Act that excluded same-sex unions. Applying the ruling to Texas, the 5th Circuit Court of Appeals concluded that ‘marriage’ and ‘spouse’ under Texas law refer only to persons of the opposite sex. DeLeon v. Perry and filed a petition for a writ of certiorari in 2015. The case was subsequently dismissed as improvidently granted. In wake of the U.S. Supreme Court’s affirmance of Windsor, the with the help of the National Center for Lesbian Rights and Lambda Legal, Gonzales v. Rainey was filed in Houston seeking declaratory and injunctive relief against Harris County officials, who still refused to recognize same-sex unions from other states. The court ruled against the Harris County officials who had previously denied same-sex marriage benefits to employees of the State of Texas.
Lauded as the model for other states to replicate, when adopted in 1876, the Texas Constitution remains unlike any other.
State and Local Statutes
Like the United States Constitution, a state constitution sets out the fundamental laws of a given state, but beyond that, the state of Texas is vast and has a complex patchwork of laws that govern its major regions, large cities, and small towns. State law has more of an impact on the citizens of Texas than federal law, as citizens generally feel the tangible effects of laws governing issues like taxes, education, and transportation issued on the state and local level. Federal law does not cover all areas of life in Texas, yet there are laws and restrictions put upon Texas by the federal government. Federal laws are enacted by Congress, and are generally the same across the nation. Though states can be granted exemptions on occasion, a federal law typically applies to citizens in Houston the same way it does to citizens in the city of Atlanta, Georgia. Unlike laws at the federal level which may govern citizens across the entirety of the United States, laws in Texas control citizens differently depending on where they live within the state. A law prohibiting certain activities or actions could be in effect in El Paso, but not in Amarillo, for example. In Texas, an area known as home-rule (generally, a city with a population over 5,000) has supreme authority by state law to legislate. This means a home-rule city must either have express authorization by state law or whether an ordinance or charter violates the constitution. Home-rule cities are often free to establish laws without interference from the state. Towns and cities with a population under 5,000 (known as general law cities) govern themselves by the same general laws set by the state legislature. Municipalities with a population below 5,000 are also granted additional powers by the state to perform most of the functions of home-rule cities. Albeit unwritten for the most part, common law refers to the legal decisions of judges in individual cases in deciding how other cases should be treated. Common law exists in the absence of legislative statutes or an executive action. Prior court decisions in Texas, for example, are binding on all Texas courts unless overturned by the Texas Supreme Court or an amendment to the Texas Constitution. In addition, federal judges are ultimately bound by the decisions of the United States Supreme Court, even if they might otherwise conflict with the laws of their state.
The Texas Judiciary
The judicial system in Texas is divided into many levels and structures. Primarily, when the case being heard is civil in nature (which most typically means it does not involve some aspect of criminal wrongdoing), the issues will be heard in the district courts, which are part of the state court system. Much like any other state in the Union, Texas operates the district courts in a three-tiered court structure, which includes the trial courts, intermediate courts of appeals, and the Supreme Court of Texas.
The tiered structure is similar for criminal cases, with the exception of the trial courts at the local level, which are municipal level courts. After going through the local municipal level court for criminal cases and various other purposes, many appeals will go to the Texas Court of Criminal Appeals before the Supreme Court of Texas.
Closer than this, we can further differentiate the court system by various types of courts and their specific function. Trial courts operating at the local level include:
These courts hear criminal cases, including felonies and misdemeanors, family cases, juvenile cases, probate and estate matters, real estate disputes, contract disputes, personal injury, tort claims, and motor vehicle accidents.
Essentially the second tier for appeals is comprised of the appellate courts of the state as follows:
The only circuit level for appeals in Texas is the Texas Supreme Court, which hears all appeals from civil cases that come from the appellate courts of the state. This court can even send cases back to the district courts directly from their review, so cases are not always processed through the intermediate appellate courts first.
Intermediate courts are assigned cases for the most part based on geography. The court will accept cases within a designated appellate area that can be hundreds of miles long. Intermediate appellate courts will hear landmark and complex cases.
After the intermediate appellate courts, individuals can appeal cases to the Texas Supreme Court. It is important to note that the Texas Supreme Court is the highest court in the Jones State for civil matters. For criminal matters, cases can be appealed to the higher Texas Court of Criminal Appeals, which basically mirrors the Supreme Court on the civil side.
Regulatory Laws for Business in Texas
The bustling environment of commercial enterprise that characterizes the Lone Star State is firmly underpinned by an extensive and highly refined framework of regulatory structures and institutions, all of which are administered (and rearranged) through the legislative and judicial processes in Texas.
To operate a business in Texas, a corporation or some type of partnership structure must first be set up in accordance with the provisions of Texas Business Organizations Code Securities Act. Section 1.005 authorizes a business organization to issue commercial paper; this is commonly referred to as equity. Pursuant to Section 1.100 of the Business Organizations Code, equity in a Texas corporation may be transformed into debt (or debt security) by altering its nature through a deed of trust or other instrument. Said change, however, must fulfill the requirements of the Business Organization Code.
Next, any commercial enterprise in Texas must comply with relevant municipal government regulations. Most local ordinances generally govern things like location of retail outlets and business zones; however, when it comes to business licensing, the City Secretary is responsible for receiving and processing applications for permits and licenses. Such duties also include issuance of business licenses, renewals, modifications, and cancellations.
Also in compliance with Texas law, each corporation is required to hold at least one shareholders meeting every 12 months, not exceeding 13 months from one annual shareholders meeting to the next. The Business Organizations Code requires pertinent notice of the time, place, and purpose of each shareholder meeting, and each corporation is likewise required to maintain accurate records of attendance, voting, and the vote itself. Failure to do so could render the corporation in noncompliance.
Professional corporations (and other types of organizational structures) must also comply with licensing (or certification), bonding, registration, employment bonds, insurance, and tax regulations as applicable.
Family Law Matters
Family law in Texas encompasses a range of legal issues related to marriage, divorce, and children. At the heart of this area of law are two primary concerns: divorce and child custody. Divorce in Texas requires at least one spouse to have been a resident of the state for the last six months, and the legal basis for divorce can range from insupportability or cruelty to a felony conviction or abandonment. Child custody issues involve the determination of conservatorship – the rights and duties of parents to their children – possession and access, and child support. Adoption is also a significant focus of family law in Texas, allowing couples and individuals to make a family bond legal under the law. Other areas that often play a role in family law include separate/marital property, spousal maintenance, and protective orders in cases of domestic violence .
Along with these legal components of family law in Texas, the state has a wide range of resources available to help families navigate the process. The Office of Court Administration has a comprehensive guide to resources for families and kids, including direct links to the Office of the Attorney General for child support assistance and the Department of Family and Protective Services for information on protection and safeguarding of children. The Judiciary has a web portal for self-help for people who are unable to afford an attorney, and a statewide family law attorney referral service that matches individuals with legal counsel. The Department of Family and Protective Services also has a confidential 24/7 hotline for reporting child abuse.
Criminal Offenses and Punishments
The criminal laws in the State of Texas generally mirror those of the Federal laws, but have their own unique provisions. The Texas Penal Code (Chapter 1 – 12 of the Texas Government Code) codifies the criminal laws of the state, and outlines various types of crimes, as well as penalties, defenses and potential sentences.
The three most common criminal offenses are assault, theft, and driving while under the influence (DUI). Assault is defined in Texas Penal Code § 22.01 and comes in three varieties: simple assault, aggravated assault, and domestic assault. In simple assault cases, a prosecutor must prove that the defendant intentionally, knowingly or recklessly caused bodily injury to another person. This can be shown through evidence that a person made unwanted physical contact with another person, or caused a person to make unwanted physical contact with a third party. Aggravated assault occurs when a prosecutor can prove that the defendant caused serious bodily injury to another person or exhibited a deadly weapon. Bodily injury under Texas Penal Code § 1.07(a) is defined as any kind of pain, suffering or impairment. Serious bodily injury under Texas Penal Code § 1.07(a) is defined as a bodily injury that causes substantial risk of death, or that causes permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
The theft laws under Texas Penal Code § 31.03 are very similar to the Federal laws, which define theft broadly as the unlawful taking of property from its owner with the intent to prevent the owner from exercising control over the property. While a person shall not be convicted of theft unless his guilt is established by proof beyond a reasonable doubt, he may not be convicted under the offense of theft if he shows that before he was indicted or informed against, he made a full restoration of the property to the owner.
Under Texas Penal Code § 49.04, a person commits the offense of DUI if he is intoxicated while operating a motor vehicle in a public place. Intoxication is defined under Texas Penal Code § 49.01(2) as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug or another substance into the body. Both alcohol and controlled substances are defined under Texas Penal Code §§ 1.04 and 481.002 as anything that alters the physical or mental functioning of the body. A person is considered to have the normal use of his mental faculties if he is able to: (a) articulate what he intends to do, (b) control his bodily motions, and (c) react to things around him.
Labor and Employment Laws in Texas
Texas employment law primarily consists of state laws governing the relationship between an employer and employee. In places where the state law is silent, federal employment laws primarily fill in the gap, especially in areas of workplace discrimination. Employers conducting business in Texas must be careful to comply with both federal and state law. There are certain areas of employment law that are unique to the state of Texas.
Employment at Will. Texas is one of a number of states that follow the employment at will doctrine. Under the employment at will doctrine, an employer is free to terminate an employee at anytime, for any reason or for no reason. Likewise, an employee may quit his or her job for any reason. However, both state and federal laws prohibit employers from terminating employees based on a protected class under state or federal law, such as, race, religion, national origin, sex, age, or disability.
Wage and Overtime Laws. Tex. Lab. Code § 62.001 et seq. Texas wage and overtime laws apply to all private employers in the state. In addition, unlike most states, Texas law does not provide employees with a private right of action for legally recoverable wages. Employees who wish to enforce their right to allege unpaid wages only have a right of action through criminal enforcement.
Mandatory Workers’ Compensation Insurance. Under the Texas Workers’ Compensation Act, employers are required to either: (1) obtain insurance from a licensed workers’ compensation insurer to cover their employees’ potential compensation claims for work-related injuries; or (2) seek and receive permission from the Texas Department of Insurance to self-insure their workers’ compensation liabilities. Tex. Labor Code § 401.011(34).
When the Employee Injures Another. By electing to subscribe to workers’ compensation laws and pay injured workers, employers generally are protected from personal injury suits brought by employees injured on the job. However, employers are not entitled to immunity from suit if an employee is injured caused by the employer’s gross negligence.
Employment Law Poster Requirements. Most employment laws require employers to display notices, under applicable laws, informing employees of their rights. Under various Texas employment laws, employers are required to display a notice, in both English and Spanish, to inform employees of their rights under the Texas Payday Act, Texas Workers’ Compensation Act, and the Workers’ Compensation Mediations Act.
Severance Pay. Texas labor law does not require employers to pay severance to separating employees. Although severance pay is not mandated by law, employers are required to provide payment of any wages earned upon termination of the employment. Employers who choose to provide severance pay should clearly outline the terms of payment in a severance agreement.
Employer Handbook. Mandatory handbook provisions include an at-will disclaimer, intellectual property rights, non-discrimination, anti-harassment, no retaliation, and statutes granting employees the right to engage in legally protected activities such as voting, attending school, serving on a jury, and military leave.
New Reforms and Future Directions
As Texas continues to undergo significant changes in demographics, economy, and culture, the future of its legal framework will need to adapt. One area that could see challenges is the underperformance of existing laws in addressing emerging issues. As new technologies develop and societal norms shift, Texas law may find itself inadequately prepared to handle new legal gray areas, prompting calls for reform.
Additionally, some potential reforms are already on the horizon. Efforts to address prison overcrowding, mental health considerations in the criminal justice system, and barriers to voting access are all areas where Texas may lead the nation in proposing legal solutions. Whether these efforts will see substantial reform or face opposition as legislative sessions come and go remains to be seen, but the forward momentum for maintaining an effective legal system in Texas is clear.
Another possible area for changes to the legal framework is in business regulation. As Texas continues to grow into an economic powerhouse , the question of whether regulation is a help or a hindrance to that growth will likely be contested. Some advocate for less regulatory intervention, arguing that it fosters increased innovation and economic activity. Others support broad regulation, arguing that it levels the playing field and protects consumers. Finding the right balance will be essential for the future of the Texas economy.
In conclusion, understanding the legal framework of Texas—its history, structure, and challenges—can help citizens better navigate their legal rights and obligations and hold responsible parties accountable whether in business, the courts or the state house. However, as our state continues to develop, so too will the legal framework that guides us, presenting us with all the opportunities and responsibilities of living in a democracy.