Texas Attorney General: It is a Law
The Texas Attorney General’s Office asserts that, under Section 418.012 of the Government Code, executive orders issued by the Governor constitute “law” as defined in the Penal Code Section 1.07(a)(30), due to their “force and effect of law”.
OPINION: San Marcos ‘Meet and Confer’ Public Disciplinary Actions
PLEASE NOTE: Nothing in this publishing or not this website should be taken as legal advice. OPINION: San Marcos ‘Meet and Confer’ Public Disciplinary Actions There has been a lot of talk about the recent ‘Meet and Confer’ related to Mano Amigas’ push for “Hartman Reform.” There have been numerous publishings on the topic. The […]
INFORMATIONAL: Texas Attorney General Provides Opinion on Out-of-County Magistrate Bond Setting
PLEASE NOTE: Nothing in this publishing or on this website should be taken as legal advice. INFORMATIONAL: Texas Attorney General Provides Opinion on Out-of-County Magistrate Bond Setting On April 1, 2022, the Lee County Attorney’s Office in Giddings, Texas sent a request for opinion to the Texas Attorney General’s Office. The request identified as RQ-0452-KP […]
SB 530- Update to the State of Texas Harassment Laws – Protects Free Speech
Senate Bill 530 was filed to curb certain types of online harassment. The law was amended to add a new element to the Texas Penal Code 42.07, Harassment. Under the proposed law, which has passed the House and Senate vote, it would make it illegal to “publish on an Internet website, including a social media […]
OPINION: Sunset Advisory Commission Sends Recommendations for TCOLE to the 87th Legislature
The Texas Sunset Advisory Commission (SAC) has recently completed its analysis of the Texas Commission on Law Enforcement (TCOLE). It has made numerous recommendations to improve the oversight of the organization. Many recommendations are management actions. The summary is not pleasant for TCOLE. The SAC believes the regulation and oversight efforts of TCOLE is “toothless.” […]
OPINION: Could a Veterans Affairs Employee be Liable for Failing to Meet the ICARE Regulation (38 CFR 0.600-0.602)
It turns out the Department of Veterans Affairs (VA) adopted Title 38 Code of Federal Regulations (CFR) 0.600-0.602, on or about July 13, 2012, the Core Values of ICARE; which stands for Integrity, Commitment, Advocacy, and Excellence. The complete law can be found on the US Government Publishing Office website and we have provided the […]
OPINION: Can Texas Justice of the Peace(s) Issue Warrants at Any Level?
It may be a curious question to a long stemming practice, in which elected Justice of the Peace(s) (JP) have issued warrants of arrests for all levels of offenses, but there have been some interesting developments in Texas Statue which may not of been reviewed. You ask any JP and he/she will reference you to […]
OPINION: Do Reserve Peace Officers Have Firearm Proficiency Requirements in Texas?
There has been a lot of discussion recently, surrounding the justification of tampering with government records and whether the Texas Commission on Law Enforcement (TCOLE) has legal authority to train, supervise, or regulate Reserve Police Officers. Most recently, a Petition for Discretionary Review was made by John Chambers, Candidate for Cameron County Sheriff; in which, […]
OPINION: Police “Reform,” Reality & Practicality – Part 1
There has been a lot of talk about police reform and many believe this would create a reduction in peace officers. This may happen, but it does not mean a budget should be reduced. What should happen, is a proper review. Off hand, the first thing we think about with reform is the definition of […]
INFORMATIONAL: COERCION OF PUBLIC SERVANT OR VOTER – What Does it Mean?
#Texas has a Penal Code which lists Coercion of Public Servant or Voter. It is article 36.03 in such subsection to Texas Code. Here is what it states: Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER. (a) A person commits an offense if by means of coercion he:(1) influences or attempts to influence a public […]