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Regardless of where you stand on the abortion issue, Texas Senate Bill 8 should give you at least one concern: Your ability to challenge the constitutionality of law has been chilled. In the legal context, a chilling effect is the inhabitation or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction.  For example, in Lamont v.…

In light of this letter from a bunch of misinformed pastors, and Gov. Abbott’s “Pastor Protection Act,” which deliberately panders to the misinformed, I just want to share some information for my concerned Christian friends. The gay marriage movement, and the decision coming this summer from our Supreme Court, deals with forcing our gov’t to acknowledge gay marriage. NOT YOUR CHURCH.…

Effective January 1, 2014, the Texas Legislature recodified the Texas Probate Code as the Texas Estates Code.  This change came about as a part of the legislature’s ongoing project, which began in 1963, to revise and reorganize Texas statutes.  The revisions put the statutes in a more logical order and a more user-friendly format, eliminate repealed or otherwise ineffective provisions,…

In 2013, the United States Supreme Court handed down a highly anticipated decision striking down section three of the Defense of Marriage Act (DOMA). United States v. Windsor, 133 S. Ct. 2675 (2013).  This controversial case began when the surviving spouse of a same-sex couple was denied federal tax benefits. Edith Windsor and Thea Spyer, two female New York residents…

The Affordable Care Act, the health care reform legislation passed in 2010, originally mandated health insurance coverage for everyone starting January 1, 2014. But the law’s complexity soon made it evident that the requirements would have to be revised. The first change was the one-year delay in the requirement that companies with 50 or more full-time employees provide “affordable, minimum…

The Texas Supreme Court recently expanded Health Care Liability Claims (HCLCs) coverage under the Texas Medical Liability Act (TMLA) to include claims by non-patients against health care providers. In Texas West Oaks Hospital v. Williams, 371 S.W.3d 171 (Tex. 2012), a technician at a mental hospital had an altercation with a patient, which resulted in injuries to the technician and…

After months of negotiating, Congress and the President finally reached an agreement regarding income taxes and Federal spending. The new laws are contained in a bill known as the “American Taxpayer Relief Act of 2012” (the "2012 Tax Act"). The 2012 Tax Act also addressed estate, gift, and generation skipping transfer taxes, and those changes are the subject of this…

You have a number of options when it comes to saving for college. There are Uniform Transfers to Minors Accounts, education IRAs, and prepaid tuition plans, just to name a few. All the options have their advantages, but have you considered a 529 account? A 529 account combines great features to make a fairly good investment vehicle. The main advantage…

Did you receive a POM at age 19? A DWI at age 21? Or is there some other small smudge on your criminal background record? If you have been successful on deferred adjudication probation, you may be able to control access to your criminal record through an Order for Non-Disclosure. Once sealed, you may legally and truthfully deny your criminal…

On May 25, 2011, the Texas Legislature passed H.B. No. 274 (a.k.a. “Loser Pays” Bill).  The law went into effect on September 1, 2011, and applies to civil suits filed after that date.  Despite its name, the “loser” of a suit only pays if it “loses” at an early stage of the litigation process.  Specifically, the law requires parties who…