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08/22/2022

Texas Penal Cod

Sec. 20.03. KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim.
(c) An offense under this section is a felony of the third degree.

08/21/2022

TEXAS DISCIPLINARY RULES OF PROFESSIONAL
CONDUCT

Rule 1.02 Scope and Objectives of Representation

(a) Subject to paragraphs (b), (c), (d), and (e), (f), and (g), a lawyer shall abide by a client's decisions:
(1) concerning the objectives and general methods of representation.
(2) whether to accept an offer of settlement of a matter, except as otherwise authorized by law.
(3) In a criminal case, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify.
(b) A lawyer may limit the scope, objectives and general methods of the representation if the client consents after consultation.
(c) A lawyer shall not assist or counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent. A lawyer may discuss the legal consequences of any proposed course of
conduct with a client and may counsel and represent a client in connection with the making of a good faith effort to determine the validity, scope, meaning or application of the law.
(d) When a lawyer has confidential information clearly establishing that a client is likely to commit a criminal or fraudulent act that is likely to result in substantial injury to the financial interests or property of another, the lawyer shall promptly make reasonable efforts under the circumstances to dissuade the client from committing the crime or fraud.
(e) When a lawyer has confidential information clearly establishing that the lawyer’s client has committed a criminal or fraudulent act in the commission of which the lawyer’s services have been used, the lawyer shall make reasonable efforts under the circumstances to persuade the client to take corrective action.
(f) When a lawyer knows that a client expects representation not permitted by the rules of professional conduct or other law, the lawyer shall consult with the client regarding the relevant
limitations on the lawyer’s conduct.
(g) A lawyer shall take reasonable action to secure the appointment of a guardian or other legal representative for, or seek other protective orders with respect to, a client whenever the lawyer
reasonably believes that the client lacks legal competence and that such action should be taken to protect the client.

Comment: Scope of Representation

1. Both lawyer and client have authority and responsibility in the objectives and means of representation. The client has ultimate authority to determine the objectives to be served by legal representation, within the limits imposed by law, the lawyer’s professional obligations, and the agreed scope of representation. Within those limits, a client also has a right to consult with
the lawyer about the general methods to be used in pursuing those objectives. The lawyer should assume responsibility for the means by which the client’s objectives are best achieved.
Thus, a lawyer has very broad discretion to determine technical and legal tactics, subject to the client’s wishes regarding such matters as the expense to be incurred and concern for third
persons who might be adversely affected.

2. Except where prior communications have made it clear that a particular proposal would be unacceptable to the client, a lawyer is obligated to communicate any settlement offer to the
client in a civil case; and a lawyer has a comparable responsibility with respect to a proposed plea bargain in a criminal case.

3. A lawyer should consult with the client concerning any such proposal, and generally it is for the client to decide whether or not to accept it. This principle is subject to several exceptions or qualifications. First, in class actions a lawyer may recommend a settlement of the matter to the court over the objections of named plaintiffs in the case. Second, in insurance defense cases a lawyer’s ability to implement an insured client’s wishes with respect to settlement may be qualified by the contractual rights of the insurer under its policy. Finally, a lawyer’s normal deference to a client’s wishes concerning settlement may be abrogated if the client has validly relinquished to a third party any rights to pass upon settlement offers. Whether any such waiver is enforceable is a question largely beyond the scope of these rules. But see comment 5 below. A lawyer reasonably relying on any of these exceptions in not implementing a client’s desires concerning settlement is, however, not subject to discipline under this Rule. Limited Scope of

Representation

4. The scope of representation provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer’s services are made available to the client. For example,
a retainer may be for a specifically defined objective. Likewise, representation provided through a legal aid agency may be subject to limitations on the types of cases the agency handles.
Similarly, when a lawyer has been retained by an insurer to represent an insured, the representation may be limited to matters related to the insurance coverage. The scope within
which the representation is undertaken also may exclude specific objectives or means, such as those that the lawyer or client regards as repugnant or imprudent.

5. An agreement concerning the scope of representation must accord with the Texas Disciplinary Rules of Professional Conduct and other law. Thus, the client may not be asked to
agree to representation so limited in scope as to violate Rule 1.01, or to surrender the right to terminate the lawyer’s services or the right to settle or continue litigation that the lawyer might
wish to handle differently.

6. Unless the representation is terminated as provided in Rule 1.15, a lawyer should carry through to conclusion all matters undertaken for a client. If a lawyer’s representation is limited to a specific matter or matters, the relationship terminates when the matter has been resolved. If a lawyer has represented a client over a substantial period in a variety of matters, the client may sometimes assume that the lawyer will continue to serve on a continuing basis unless the lawyer gives notice to the contrary. Doubt about whether a client-lawyer relationship still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the lawyer is looking after the client’s affairs when the lawyer has ceased to do so. For example, if a lawyer has handled a judicial or administrative proceeding that produced a result adverse to the client but has not been specifically instructed concerning pursuit of an appeal, the lawyer should advise the client of the possibility of appeal before relinquishing responsibility for the matter.

Criminal, Fraudulent and Prohibited Transactions

7. A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client’s conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a lawyer may not knowingly assist a client in criminal or fraudulent conduct. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.

8. When a client’s course of action has already begun and is continuing, the lawyer’s responsibility is especially delicate. The lawyer may not reveal the client’s wrongdoing, except as permitted or required by Rule 1.05. However, the lawyer also must avoid furthering the client’s unlawful purpose, for example, by suggesting how it might be concealed. A lawyer may not continue assisting a client in conduct that the lawyer originally supposes is legally proper but then discovers is criminal or fraudulent. Withdrawal from the representation, therefore, may be required. See Rule 1.15(a)(1)

9. Paragraph (c) is violated when a lawyer accepts a general retainer for legal services to an enterprise known to be unlawful. Paragraph (c) does not, however, preclude undertaking a criminal defense incident to a general retainer for legal services to a lawful enterprise.

10. The last clause of paragraph (c) recognizes that determining the validity or interpretation of a statute or regulation may require a course of action involving disobedience of the statute or regulation or of the interpretation placed upon it by governmental authorities.

11. Paragraph (d) requires a lawyer in certain instances to use reasonable efforts to dissuade a client from committing a crime or fraud. If the services of the lawyer were used by the client in
committing a crime or fraud paragraph
(e) requires the lawyer to use reasonable efforts to persuade the client to take corrective action.

Client Under a Disability

12. Paragraph (a) assumes that the lawyer is legally authorized to represent the client. The usual attorney-client relationship is established and maintained by consenting adults who possess the
legal capacity to agree to the relationship. Sometimes the relationship can be established only by a legally effective appointment of the lawyer to represent a person. Unless the lawyer is legally authorized to act for a person under a disability, an attorney-client relationship does not exist for the purpose of this rule.

13. If a legal representative has already been appointed for the client, the lawyer should ordinarily look to the representative for decisions on behalf of the client. If legal representative has not been appointed; paragraph
(g) requires a lawyer in some situations to take protective steps, such as initiating the appointment of a guardian. The lawyer should see to such appointment or take other protective steps when it reasonably appears advisable to do so in order to serve the client’s best interests. See Rule 1.05 (c)(4), d (1) and (d)(2)(i) in regard to the lawyer’s right to reveal to the court the facts reasonably necessary to secure the guardianship
or other protective order.

08/20/2022

Texas Government Code

Sec. 555.051. INFORMATION SHARING AMONG CERTAIN AGENCIES.
(a) This section applies only to information held by or for the
office of the attorney general, the Texas Department of Insurance,
the Texas State Board of Public Accountancy, the Public Utility
Commission of Texas, the State Securities Board, the Department of
Savings and Mortgage Lending, the Texas Real Estate Commission, the Texas Appraiser Licensing and Certification Board, the Texas
Department of Banking, the credit union department, the Office of
Consumer Credit Commissioner, or the Texas Department of Housing and Community Affairs that relates to the possible commission of corporate fraud or mortgage fraud by a person who is licensed or otherwise regulated by any of those state agencies. In this subsection, "corporate fraud" means a violation of state or federal law or rules relating to fraud committed by a corporation, limited liability company, or registered limited liability partnership or an officer, director, or partner of those entities while acting in a
representative capacity.
(b) Each of the agencies listed in Subsection (a), on
request or on its own initiative, may share confidential
information or information to which access is otherwise restricted
by law with one or more of the other agencies listed in Subsection
(a) for investigative purposes pursuant to Subsection (a). Except
as provided by this section, confidential information that is
shared under this section remains confidential under law and legal
restrictions on access to the information remain in effect.
(c) A state agency that receives shared information under
this section:
(1) shall keep the information secure and limit access
to the information within the agency-to-agency personnel who need access for investigative purposes; and
(2) may disclose the information obtained pursuant to
Subsection (a) only:
(A) to another agency listed in Subsection (a) in accordance with this section.
(B)AAto another agency listed in Subsection (a) to
the extent necessary to bring or prosecute a contested case or court action to restrain or prevent a violation of law or to impose
sanctions or penalties in connection with a violation of law.
(C) to an appropriate law enforcement agency or
prosecutor if the state agency determines that the information may
be evidence of an offense or evidence that a particular person
committed an offense; or
(D) under a court order or subpoena obtained
after a showing to a court that disclosure of the information is
necessary to protect the public health, safety, or welfare.
(d) This section does not limit or restrict information
sharing among agencies as otherwise provided by law.

08/19/2022

Texas Family Code

CHAPTER 93. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS

Sec. 93.001. DEFINITIONS. In this chapter:
(1) "Advocate" means a person who has at least 20 hours of training in assisting victims of family violence and is an employee or volunteer of a family violence center.
(2) "Family violence center" means a public or private nonprofit organization that provides, as its primary purpose, services to victims of family violence, including the services described by Section 51.005(b)(3), Human Resources Code.
(3) "Victim" has the meaning assigned to "victim of family violence" by Section 51.002, Human Resources Code.

Sec. 93.002. CONFIDENTIAL COMMUNICATIONS. A written or oral communication between an advocate and a victim made in the course of advising, advocating for, counseling, or assisting the victim is confidential and may not be disclosed.

Sec. 93.003. PRIVILEGED COMMUNICATIONS. (a) A victim has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication described by Section 93.002.
(b) The privilege may be claimed by:
(1) a victim or a victim's attorney on a victim's behalf.
(2) a parent, guardian, or conservator of a victim under 18 years of age; or
(3) an advocate or a family violence center on a victim's behalf.

Sec. 93.004. EXCEPTIONS. (a) A communication that is confidential under this chapter may be disclosed only:
(1) to another individual employed by or volunteering for a family violence center for the purpose of furthering the advocacy process.
(2) for the purpose of seeking evidence that is admissible under Article 38.49, Code of Criminal Procedure, following an in-camera review and a determination that the communication is admissible under that article.
(3) to other persons in the context of a support group or group counseling in which a victim is a participant; or
(4) for the purposes of making a report under Chapter 261 of this code or Section 48.051, Human Resources Code.
(b) Notwithstanding Subsection (a), the Texas Rules of Evidence govern the disclosure of a communication that is confidential under this chapter in a criminal or civil proceeding by an expert witness who relies on facts or data from the communication to form the basis of the expert's opinion.
(c) If the family violence center, at the request of the victim, discloses a communication privileged under this chapter for the purpose of a criminal or civil proceeding, the family violence center shall disclose the communication to all parties to that criminal or civil proceeding.

08/18/2022

Texas Family Code

Sec. 264.7551. FRAUDULENT AGREEMENT; CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense if, with intent to defraud or deceive the department, the person knowingly makes or causes to be made a false statement or misrepresentation of a material fact that allows a person to enter into a caregiver assistance agreement.

(b) An offense under this section is:

(1) a Class C misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received no monetary assistance under the agreement or received monetary assistance under the agreement for less than 7 days.

(2) a Class B misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 7 days or more but less than 31 days.

(3) a Class A misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 31 days or more but less than 91 days. or

(4) a state jail felony if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 91 days or more.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(d) The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.

(e) A person who engaged in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty as authorized by this subsection.

(f) The commissioner of the department may adopt rules necessary to determine whether fraudulent activity that violates Subsection (a) has occurred.

08/18/2022

Texas Family Code

Sec. 264.101. FOSTER CARE PAYMENTS. (a) The department may pay the cost of foster care for a child only if:

(1) the child has been placed by the department in a foster home or other residential child-care facility, as defined by Chapter 42, Human Resources Code, or in a comparable residential facility in another state; and

(2) the department:

(A) has initiated suit and been named conservator of the child; or

(B) has the duty of care, control, and custody after taking possession of the child in an emergency without a prior court order as authorized by this subtitle.

(a-1) The department shall continue to pay the cost of foster care for a child for whom the department provides care, including medical care, until the last day of the month in which the child attains the age of 18. The department shall continue to pay the cost of foster care for a child after the month in which the child attains the age of 18 as long as the child is:

(1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate.

(2) regularly attending an institution of higher education or a postsecondary vocational or technical program.

(3) participating in a program or activity that promotes, or removes barriers to, employment.

(4) employed for at least 80 hours a month; or

(5) incapable of performing the activities described by Subdivisions (1)-(4) due to a documented medical condition.

(a-2) The department shall continue to pay the cost of foster care under:

(1) Subsection (a-1) (1) until the last day of the month in which the child attains the age of 22; and

(2) Subsections (a-1) (2)-(5) until the last day of the month the child attains the age of 21.

(b) The department may not pay the cost of protective foster care for a child for whom the department has been named managing conservator under an order rendered solely under Section 161.001(b)(1)(J).

(c) The payment of foster care, including medical care, for a child as authorized under this subchapter shall be made without regard to the child's eligibility for federally funded care.

(d) The executive commissioner may adopt rules that establish criteria and guidelines for the payment of foster care, including medical care, for a child and for providing care for a child after the child becomes 18 years of age if the child meets the requirements for continued foster care under Subsection (a-1).

(d-1) The executive commissioner may adopt rules that prescribe the maximum amount of state money that a residential child-care facility may spend on nondirected residential services, including administrative services. The commission shall recover the money that exceeds the maximum amount established under this subsection.

(e) The department may accept and spend funds available from any source to pay for foster care, including medical care, for a child in the department's care.

(f) In this section, "child" means a person who:

(1) is under 22 years of age and for whom the department has been appointed managing conservator of the child before the date the child became 18 years of age; or

(2) is the responsibility of an agency with which the department has entered into an agreement to provide care and supervision of the child.

08/18/2022

Texas Family Code

Sec. 154.130. FINDINGS IN CHILD SUPPORT ORDER. (a) Without regard to Rules 296 through 299, Texas Rules of Civil Procedure, in rendering an order of child support, the court shall make the findings required by Subsection (b) if:

(1) a party files a written request with the court before the final order is signed, but not later than 20 days after the date of rendition of the order.

(2) a party makes an oral request in open court during the hearing; or

(3) the amount of child support ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129, as applicable.

(b) If findings are required by this section, the court shall state whether the application of the guidelines would be unjust or inappropriate and shall state the following in the child support order:

"(1) the net resources of the obligor per month are $______.

"(2) the net resources of the obligee per month are $______.

"(3) the percentage applied to the obligor's net resources for child support is ______%; and

"(4) if applicable, the specific reasons that the amount of child support per month ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129, as applicable."

(c) Findings under Subsection (b)(2) are required only if evidence of the monthly net resources of the obligee has been offered.

08/18/2022

THE TEXAS CONSTITUTION
APPENDIX. Notes on Temporary Provisions for Adopted Amendments

A temporary provision may be included in a joint
resolution to amend the Texas Constitution for a
variety of reasons. A temporary provision can provide
that the proposed constitutional amendment has a
limited duration, but this is an exceedingly rare
occurrence. The more common uses of temporary
provisions are as saving provisions or transition
provisions. A temporary saving provision "saves" from
the application of a new or amended constitutional
provision certain conduct or legal relationships that
occurred before or existed on the effective date of the
constitutional amendment. A temporary transition
provision provides for the orderly implementation of
the constitutional amendment. The most common type of
temporary transition provision is one that provides an
effective date for a constitutional amendment that is
later in time than the effective date that would
otherwise occur by operation of law. Most temporary
provisions include an expiration date; those with no
expiration date remains in the constitution in
perpetuity unless removed by a subsequent amendment to
the constitution

08/18/2022

THE TEXAS CONSTITUTION
ARTICLE 5. JUDICIAL DEPARTMENT

Sec.11. DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS,
HOLDING COURT FOR OTHER JUDGES. No judge shall sit in any case wherein the judge may be interested, or where either of the parties may be connected with the judge, either by affinity or
consanguinity, within such a degree as may be prescribed by law, or when the judge shall have been counsel in the case. When the
Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case; or upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law.
And the District Judges may exchange districts, or hold
courts for each other when they may deem it expedient and shall do so when required by law. This disqualification of judges of
inferior tribunals shall be remedied and vacancies in their offices
filled as may be prescribed by law.

08/18/2022

THE TEXAS CONSTITUTION
ARTICLE 2. THE POWERS OF GOVERNMENT

Sec. 1. SEPARATION OF POWERS OF GOVERNMENT AMONG THREE
DEPARTMENTS. The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: those which are Legislative to one {those which are Executive to another, and those which are Judicial to another and no person, or
collection of persons, being of one of these departments, shall
exercise any power properly attached to either of the others,
except in the instances herein expressly permitted.

08/18/2022

Texas Family Code

Sec. 162.601. INCENTIVES FOR LICENSED CHILD-PLACING AGENCIES. (a) Subject to the availability of funds, the Department of Family and Protective Services shall pay, in addition to any other amounts due, a monetary incentive to a licensed child-placing agency for the completion of an adoption:

(1) of a child, as defined by Section 162.301, receiving or entitled to receive foster care at department expense; and

(2) arranged with the assistance of the agency.

(b) The incentive may not exceed 25 percent of the amount the department would have spent to provide one year of foster care for the child, determined according to the child's level of care at the time the adoption is completed.

(c) For purposes of this section, an adoption is completed on the date on which the court issues the adoption order.

08/18/2022

Texas Family Code 151.001

SEC. 151.001. RIGHTS AND DUTIES OF PARENT. (a) A parent of
a child has the following rights and duties:
(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child
(2) the duty of care, control, protection, and reasonable discipline of the child.
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education.
(4) the duty, except when a guardian of the child ’s estate has been appointed, to manage the estate of the child,
including the right as an agent of the child to act in relation to
the child ’s estate if the child ’s action is required by a state, the
United States, or a foreign government.
(5) except as provided by Section 264.0111, the right to the services and earnings of the child.
(6) the right to consent to the child ’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment.
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child.
(8) the right to receive and give receipt for payments
for the support of the child and to hold or disburse funds for the
benefit of the child.
(9) the right to inherit from and through the child.
(10) the right to make decisions concerning the child ’s education; and
(11) any other right or duty existing between a parent and child by virtue of law.
(b) The duty of a parent to support his or her child exists
while the child is an unemancipated minor and continues as long as
the child is fully enrolled in a secondary school in a program
leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).
(c) A parent who fails to discharge the duty of support is
liable to a person who provides necessaries to those to whom support is owed.
(d) The rights and duties of a parent are subject to:
(1) a court order affecting the rights and duties.
(2) an affidavit of relinquishment of parental rights, and
(3) an affidavit by the parent designating another person or agency to act as managing conservator.
(e) Only the following persons may use corporal punishment
for the reasonable discipline of a child:
(1) a parent or grandparent of the child.
(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and
(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

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