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TEXAS STATUTES THE LAW IN TEXAS PRESENTATION BY JILL HENDERSON 4-2006 COMPONENTS OF TX. LAW Common law from judicial decisions Constitution of 1876 Statutes/Codes Agency Rules/Regulations Court Rules, misc. Municipal Ordinances and County Rules (Minutes) Texas Constitutions -1

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texas statutes

TEXAS STATUTES

THE LAW IN TEXAS

PRESENTATION BY JILL HENDERSON

4-2006

components of tx law
COMPONENTS OF TX. LAW
  • Common law from judicial decisions
  • Constitution of 1876
  • Statutes/Codes
  • Agency Rules/Regulations
  • Court Rules, misc.
  • Municipal Ordinances and County Rules (Minutes)
texas constitutions 1
Texas Constitutions -1
  • Numerous ones from 1836-1876; present one is from 1876; we cannot get rid of it and it has been amended numerous times.
  • Is Supreme law of the land in Tex., but is trumped by the Federal Constitution in federal matters.
  • Divided into 17 articles w/ Preamble and Bill of Rights
texas constitutions 2
Texas Constitutions - 2
  • Published by West; contained in Vols. 1, 1A, 1B, 2 & 3
  • Unannotated version is in Vols. 1; then annotated Version thru vol. 3
  • Vol. 3 also contains: previous Tex. Constitutions, Magna Charta, US Declaration of Independence; US Constitution
texas statutes5
TEXAS STATUTES
  • Official compilation began @1856 – last official one in 1925.
  • @ 50 Vols. are numbered 1-23 and arranged A-Z and §1-9307.
  • Several subject arrangements already in statutes.
texas revision program
TEXAS REVISION PROGRAM
  • Began in 1963, auth. By Tex. Gov. Code §323.007.
  • Tex. now has both statutes and codes. It is an ongoing program.
  • Codification collects like-subjects and arranges them together into a single code.
  • Purpose of codification was to make law more accessible & more understandable.
texas codes
TEXAS CODES
  • Tex. Will have 27 eventual codes.
  • Newest codes are Spec. Dist. Local Laws (2003) and Business Organization Code (2006).
  • Probate & CCrP are arranged like codes, but have not been officially codified into the Codes yet.
  • Each Code has its own index and there is a general purpose index.
annot history and pp s
ANNOT. ,HISTORY AND PP’S
  • Annotations are added notes to help you understand that section.
  • Can include: court cases (notes of decisions), interpretive comm., historical and statutory notes, etc.
  • Each law section has a history (credit) trail which tells you date of the § enactment and amendments.
  • Pocket parts contain the most recent sections. Located in back of book or in stand-alone pamphlets.
other parts of vernon s
OTHER PARTS OF VERNON’S
  • Texas Rules of Civil and Criminal Procedure
  • Misc. Forms
  • Uniform Commercial Code
  • Indices, tables, etc.
derv disp tables
DERV./ DISP. TABLES
  • Purpose of these tables are to locate relocated sections.
  • Derv. = new sections (left column) to old sections (right columns)
  • Disposition = opposite of above
  • Found in a stand-alone “Master Disposition Table” volume or in each separate Codes.
texas session laws 1
TEXAS SESSION LAWS - 1
  • Tex. Legislature meets every 2 years.
  • Enacted laws collected in a set named General and Special Laws of the State of Texas.
  • As a HB or SB is enacted, for purposes of arrangement, it is collected into a numerically sequenced chapter.
texas session laws 2
TEXAS SESSION LAWS - 2
  • “NEW is in “italics”. Deletions or minor changes are in strikeout.
  • Regular type equals unchanged portions
  • This set has lists of bills, indices, tables, etc.
texas administrative code
TEXAS ADMINISTRATIVE CODE
  • Not part of the 27 Codes; can be cited as “TAC”
  • Collected rules/regulations of the state agencies, etc.
  • Patterned after the 50 Titles of the CFR. Tex. has 16 Titles, numbered 1-43.
  • Proposed rules must first be published in the Texas Register.
tx atty gen opinions
TX ATTY. GEN. OPINIONS
  • The AG acts as the atty. for the State of Tex.
  • Only certain gov. officials can ask for an opinion. See Tex. Gov. Code, Chap. 402.
  • Opinions are not binding, but are persuasive argument, except “unless clearly wrong.”
  • Formal = general interest and letter opinions = local interest only
ordinances and cnty rules
ORDINANCES AND CNTY RULES
  • Most cities have published codes books. Some web sites collect published city codes.
  • Abilene now only has an on-line version.
  • Large counties may also have some sort of publication of their rules; Taylor Cnty. rules are found in the minutes of Cnty. Clerk.