When someone has been injured in an accident and receives a personal injury settlement, the money is intended to cover medical expenses, lost wages, pain and suffering, and other losses. But what if the victim is paying child support? Can personal injury settlements affect child support in Texas?

The short answer is yes. However, the specifics of how and to what extent depend on various factors, including whether you are behind on your child support payments. In this article, our experienced attorneys explain how personal injury settlements affect child support in Texas and what you should do if you need assistance with a child support lien or modification due to a personal injury settlement.

How Personal Injury Settlements Affect Child Support

If you receive a personal injury settlement and you owe back child support, you can expect your child support obligation to be paid out of your settlement before you receive any money. This is because Texas law gives a priority lien to unpaid child support. This means that the state has first rights to any funds owed for past-due child support.

But what if you are not behind on your child support payments? The fact that you received a personal injury settlement does not automatically mean your child support payments will increase. A modification to your existing child support agreement must be requested (usually by the other parent) and approved by the court. If a modification is not sought and you don’t owe back child support, your child support payments will remain the same.

Let’s examine both scenarios—garnishment with child support liens and modification due to increased income—in more detail.

Child Support Liens On Personal Injury Settlements

It is not uncommon for people who are injured in an accident to struggle financially. This can lead to difficulties in meeting their child support obligations. When a parent who owes back child support receives a personal injury settlement, part of the settlement can be garnished or seized to cover the overdue payments.

In Texas, under Section 157.317 of the Texas Family Code, the state can place a lien on the settlement proceeds from personal injury claims. This means that before the parent receives any money from the settlement, the owed child support may be subtracted from the total amount. Here’s how child support clients work on personal injury settlements.

1. Identification of Liabilities: Once a personal injury settlement is awarded, the court or the child support enforcement agency identifies any existing child support arrearages (past-due payments) associated with the recipient of the settlement.
2. Placement of a Lien: The state places a lien on the settlement proceeds. This legal claim on the funds ensures that before any disbursement is made to the injured party, the amount owed in back child support is first subtracted from the total settlement.
3. Garnishment of Funds: The mechanism of garnishing the settlement involves legally redirecting part of the settlement to satisfy the debt of back child support. The entity managing the settlement, such as an insurance company or a law firm handling the personal injury claim, is typically instructed to withhold the owed amount and directly transfer it to the child support enforcement agency.
4. Disbursement of Remaining Funds: After the child support lien is satisfied, any remaining funds from the settlement are released to the recipient. This ensures that the parent meets their child support obligations without further delay, potentially alleviating some financial challenges they face post-accident.

Applying a child support lien on a personal injury settlement carries both legal and financial implications. Legally, it enforces that parental responsibilities cannot be evaded, even amidst personal financial gain or recovery from injury. Financially, it prioritizes the welfare of the child over the financial gain of the parent, ensuring that the child support payments are made promptly, thereby reducing the potential financial hardship experienced by the custodial parent and the child.

Modification of Child Support After a Personal Injury Settlement

In cases where a parent receives a substantial personal injury settlement, there may be a presumption that their financial circumstances have improved, potentially leading to an increase in child support payments. However, this is not automatic. For child support payments to be adjusted, the following steps typically occur:

1. Request for Modification: The custodial parent or their lawyer must formally request a modification of the child support order. This request is usually submitted to the court that issued the original child support order.
2. Court Evaluation: The court will then evaluate the request, considering the parent’s new financial status, including any significant income from the settlement. The court must determine whether there has been a material and substantial change in the circumstances of the child or the non-custodial parent that warrants a revision of the child support payments.
3. Decision on Modification: If the court finds that the non-custodial parent’s financial situation has significantly improved, it may increase the child support payments. However, if the settlement is deemed non-recurring or designated for specific expenses related to the injury (like medical bills or disability-related costs), the court might decide not to adjust the child support payments.

It’s important for parents to understand that receiving a personal injury settlement does not automatically change child support obligations. Legal processes and considerations are involved to ensure that any adjustments are fair and reflect the current needs and resources of all parties involved. This approach helps maintain stability for the children supported by these funds and acknowledges the complex nature of personal and financial recovery following an injury.

Are Personal Injury Settlements Considered Income?

In Texas, personal injury settlements are generally not considered income for the purpose of calculating child support. Child support calculations typically focus on what is considered “net resources,” which include wages, salary, commissions, tips, overtime, and bonuses, among other types of income.

However, the portion of a personal injury settlement that represents lost wages might be considered part of the obligor’s net resources for calculating child support, since lost wages replace regular income that would have been counted towards child support obligations. The parts of the settlement intended for pain and suffering, medical bills, and attorney fees are not usually included as income for these calculations.

It’s important to consult with a legal professional or a family law expert to understand how these specifics might apply in a particular case, as individual circumstances can vary.

How Do Insurance Companies Discover Child Support Liens and Attach them to Injury Settlements?

In Texas, when an individual has a child support lien due to unpaid child support, insurance companies typically discover these liens through several mechanisms before disbursing funds from a personal injury settlement:

1. State Lien Registry: Texas maintains a child support lien docket, which is a public record of all child support liens. Insurance companies can access this docket to verify if there are any outstanding child support liens against an individual before settling a claim.
2. Notification from the Attorney General’s Office: The Texas Attorney General’s Office, which oversees child support enforcement, often notifies relevant parties, including insurance companies, of any existing child support liens. This ensures that the insurance company is aware of the lien before they issue payment.
3. Legal Requirement for Disclosure: Individuals involved in a personal injury lawsuit or settlement may be legally required to disclose any child support obligations during the legal process. Failure to do so can result in legal penalties.
4. Due Diligence by the Insurance Company: Insurance companies typically perform a due diligence process before disbursing settlement funds. This process includes checking for any liens or other legal encumbrances that may affect the settlement amount.

Once a child support lien is discovered, the insurance company is legally obligated to satisfy the lien from the settlement proceeds before disbursing the remainder to the claimant. This ensures that back child support is paid in accordance with state laws, helping to enforce child support obligations and protect the interests of children.

Does My Attorney Have to Pay My Child Support Lien First?

In Texas, if you have a child support lien and are receiving a personal injury settlement, your personal injury attorney is legally required to ensure that any existing child support liens are paid from the settlement funds before you receive any money. This obligation arises because Texas law clearly prioritizes satisfying child support debts.

Here’s how it generally works:

1. Notification and Verification: Once your attorney is informed of or discovers a child support lien—either through notification by the Texas Attorney General’s Office or through their own due diligence—they are required to verify the amount of the lien and ensure that it is valid.
2. Withholding and Payment: If there is a verified child support lien, your attorney must withhold the amount of the lien from your settlement proceeds. The attorney then pays that amount directly to the state child support enforcement agency or through the court, as directed.
3. Release of Funds: Only after the child support lien is satisfied can your attorney disburse the remaining settlement funds to you.

The process is designed to ensure that legal obligations for child support are met before the settlement recipient receives their portion. This legal requirement helps protect the financial interests of the children involved and ensures that child support laws are enforced. Failure by an attorney to comply with these requirements can lead to serious legal consequences, including potential disciplinary action.

Can a Child Support Lien Be Negotiated?

In Texas, while the amount of child support owed as per court orders is generally non-negotiable, certain aspects related to the enforcement of child support liens might be subject to negotiation. However, these negotiations usually don’t involve reducing the amount of child support owed. Still, they may involve the repayment terms or how a child support lien is applied to a specific settlement.

Here are a few scenarios where negotiation might be possible:

1. Payment Plan Arrangements: If the lien amount is substantial, it might be possible to negotiate a payment plan with the state’s child support enforcement agency. This would allow the responsible parent to satisfy the lien over a period of time rather than through a single lump sum from a personal injury settlement.
2. Release or Adjustment of the Lien: In some cases, if the settlement funds are needed immediately for critical expenses (such as medical bills related to the injury), it may be possible to negotiate the terms under which the lien is applied. This could involve requesting the child support enforcement agency to temporarily lift or adjust the lien to allow for the payment of urgent expenses.
3. Legal Disputes Over the Lien: Legal proceedings might be necessary if there is a dispute regarding the validity or the amount of the lien. In such cases, negotiation can occur in the context of a broader legal challenge to the lien itself.
4. Settlement Allocation: Sometimes, negotiation with the opposing party in the personal injury case about how the settlement is categorized can influence the impact of a child support lien. If portions of the settlement are allocated to non-wage compensatory damages like pain and suffering, these might not be subject to a lien, depending on the specifics of Texas law and the nature of the lien.

To navigate these negotiations, working with a knowledgeable attorney who understands family law and personal injury law in Texas is crucial. They can help you understand your options and represent your interests effectively in negotiations or court proceedings, if necessary.

Legal Implications for Failing to Back Pay Child Support After a PI Settlement

Failing to account for child support in a personal injury settlement in Texas can have significant legal implications, primarily because it can lead to a violation of state laws regarding child support obligations. Here’s what might happen:

1. Legal Enforcement Actions: If the child support lien is not satisfied from the settlement proceeds, the Texas Attorney General’s Office, which enforces child support orders, can initiate legal actions to recover the owed amounts. This could include garnishing wages, seizing bank accounts, or taking other collection actions against the individual.
2. Interest and Penalties: Unpaid child support accrues interest in Texas, and failing to pay can lead to additional financial penalties. These costs can add up over time, increasing the overall debt beyond the original child support arrears.
3. Contempt of Court: Not adhering to a court order, including payment of child support, can be considered contempt of court. This can result in various penalties, including fines or even jail time, depending on the severity and duration of the non-compliance.
4. Impact on Settlement Distribution: If a personal injury attorney improperly distributes settlement funds without accounting for a child support lien, they could face legal and professional consequences. This might include disciplinary actions from the bar association, lawsuits for malpractice, or other legal claims from the affected parties.
5. Loss of Licenses: In Texas, failure to pay child support can lead to the suspension of various state-issued licenses, including driver’s licenses and professional licenses, which can impact one’s ability to work and earn income.

To avoid these implications, individuals receiving a personal injury settlement must disclose any existing child support liens and ensure they are addressed in the distribution of the settlement funds. It’s also advisable to work with an attorney familiar with both personal injury and family law in Texas to ensure compliance and avoid potential legal issues.

Speak to Experienced Attorney Today.

At Varghese Summersett, we have both a family law division and a personal injury division – each with their own dedicated team of attorneys. Because you may need both – a personal injury lawyer and a family lawyer – we are uniquely situated to handle any issue that arises from personal injury settlement proceeds and child support.

If you need assistance with a child support lien or modification due to a personal injury settlement, our experienced attorneys are here to help. Contact us today at 817-203-2220 for a consultation and learn more about how personal injury settlements affect child support in Texas.

Illegal Internet Search Attorney

When Is An Internet Search Illegal in Texas?

Google averaged 8.5 billion searches a day in 2022. That’s nearly 100,000 Internet searches every second. Anyone with a smartphone – just about everyone these days – has the information superhighway at their fingertips and access to almost anything. We search everything from directions to a restaurant to movie showtimes to the latest news on our favorite team. Some Internet searches, however, are illegal and could land you in trouble with law enforcement. In some cases, just searching certain topics could result in an arrest and legal issues.

If you are being investigated for an Internet computer crime, contact an experienced illegal internet search attorney as soon as possible. The team at Varghese Summersett includes Board Certified criminal defense attorneys with unmatched success for over three decades in North Texas.

What is illegal to search on the Internet in Texas?

Most of us know that possessing pornographic material involving juveniles under age 18 is against the law. And viewing child pornography online is against the law.

However, just searching for child porn on the Internet can be enough to result in a search warrant being executed at your home, or even an arrest. That’s right, just searching for underage pornography without viewing it can be enough for law enforcement to arrest you. It doesn’t matter if you didn’t download illegal material. An active search for child porn could indicate your intent to view or possess child porn to law enforcement officials. Police can use your search history to establish intent or conspiracy to commit a worse offense like possession of child pornography.

A Specific Example of Nationwide Arrests Without Proof of Downloading Illicit Materials

The Playpen investigation involved a child pornography trafficking site that was accessible through Tor, a network designed to anonymize internet usage. During the investigation, the FBO took control of the server and deployed a network investigative technique (NIT) to identify users who accessed the site instead of shutting it down. This technique allowed them to collect the IP addresses and the MAC addresses, host names, and operating systems of the machines that accessed the server.

The use of NIT was significant because it did not require the suspects to download any material to be identified. Accessing the server through Tor was enough for the FBI to capture the necessary information to trace the users. Individuals who merely accessed the site could be identified and were subsequently arrested without the need for them to have downloaded any illegal content. The legal argument was that by accessing the server, users demonstrated intent to engage with the prohibited material, which was enough for law enforcement to make nationwide arrests.

The topics you search and view online, including illegal material, are usually stored in your Internet browser cache. Legally, that can be categorized as possessing child pornography. The laws against child porn at the Federal and Texas levels are severe and can result in lengthy prison terms. Hiring a well-respected illegal internet search attorney is indispensable for a favorable outcome.

What is the Texas law on possessing or promoting child porn?

Texas Penal Code Sec. 43.26 addresses the possession or promotion of child pornography.

According to Texas law, an offense is committed if:

“the person knowingly or intentionally possesses or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child under age 18 at the time the image was made who is engaging in sexual conduct.
AND
“the person knows that the material depicts the child as described” above.

What if I accidentally viewed child pornography?

Technically, inadvertently viewing illegal pornographic images or videos online is not a crime, but you could be forced to prove it was accidental if investigated by law enforcement.

Of course, child pornography, or at least material that could be construed as child porn, is sometimes viewed accidentally by Internet users searching for what otherwise is considered legal pornography involving adults. Under these circumstances, a person being investigated for a computer sex crime would be forced to explain how the viewing was accidental. This can be challenging to show and embarrassing and requires an illegal internet search attorney well-versed in cybercrime cases.

What if I’m accused of viewing child porn online?

If someone accuses you of viewing child pornography online, consult with a criminal defense attorney immediately.

Even if viewing the material was unintentional, having a lawyer guide you through an investigation is integral. Your future and freedom are too important. A child porn-related conviction could result in years in prison, hefty fines, and other collateral consequences.

If law enforcement officials open an investigation, they will likely confiscate your computers, smartphone, and other electronic devices. Investigators will examine your search history, stored files, and all of your online activities.

Take note: If you didn’t search for the alleged illegal material that instigated the investigation, any previous suspicious search history could be used against you. That’s another reason why seeking counsel from a top illegal internet search attorney is so important.

What about other illegal searches and material online?

Searches related to terrorism or acts of public violence often draw the attention of law enforcement and initiate an investigation and possible arrest.

It doesn’t matter if the person ever acted on the search material. If officials believe the person intends to carry out an act of terrorism or another illegal act, it could result in criminal charges. Certain internet searches could alarm law enforcement that illegal activity could be pending and start investigating.

Search topics such as illegally modifying weapons or creating explosives could be enough to put you in the crosshairs of law enforcement.

If you suspect you’re being investigated by law enforcement for your online activity, consult with an illegal internet search attorney. Don’t wait to be arrested. Contact Varghese Summersett.

What actions online are illegal in Texas?

The Texas Penal Code includes specific internet crimes, including the following:

• Hiring a person for illicit or criminal purposes
• Solicitation of a minor
• Catfishing
• Phishing
• Torrent downloading copyrighted material
• Online harassment
• Impersonation
• Breaching computer security
• Unlawful decryption

What Internet material breaks Federal law?

States have different definitions of what constitutes illegal online content.

Federal law, however, spells it out for the entire country. Some Internet searches violate both federal and state laws.

Federal law prohibits searching the internet for the following:

• Video and images of child sexual abuse or exploitation
• Promoting terrorism or advocating terrorist acts
• Promoting, inciting, or instructing crime or violence
• Video and images of real violence, cruelty, and criminal activity

Internet crimes are defined in federal statutes, including the following:

• The Electronic Communications Privacy Act of 1986
• The Communications Decency Act of 1996
• The Child Pornography Prevention Act of 1996
• The No Electronic Theft Act of 1997
• The Identity Theft and Assumption Deterrence Act of 1998

Whether you’re facing state or federal charges, a conviction could bring severe consequences. Promptly consult with an illegal internet search attorney.

Is visiting a website that hosts child porn illegal?

Even if you didn’t intend to go to the site or did not know what it contained, it could still be grounds for a crime. Possession of child pornography does not have an intent element. Law enforcement can use your unique Internet Protocol address (typically referred to as your IP address) to trace your search and download behavior. If police find what they believe to be illegal internet activity, you could be arrested. If you are being accused of such, a dedicated illegal internet search attorney will offer a strategy to protect your freedom and your reputation.

What are the penalties for internet crimes in Texas?

Texas law prohibits producing, distributing, or possessing media depicting a person under age 18 engaging in sexual conduct.

What is considered sexual conduct? Texas law defines it as actual or simulated intercourse, masturbation, deviate sexual intercourse, sexual bestiality, lewd exhibition of the genitals, anus, or female breast, and sadomasochistic abuse.

Viewing or possessing child pornography is a third-degree felony in Texas. A conviction is punishable by two to 10 years in prison and a maximum $10,000 fine. Your freedom is at stake. You need a tough illegal internet search attorney fighting for your rights.

If you have a prior child porn conviction, it’s a second-degree felony, punishable by a maximum of 20 years in prison and a $10,000 fine.
Any subsequent conviction for child porn could result in a maximum sentence of 99 years.
The penalties for online sex crimes depend on the specific type of crime, the nature of the victim, and whether the defendant has a criminal history.

The penalties for Texas’ most common online sex crime charges include the following:

Class B misdemeanor: Maximum 180 days in jail, $2,000 fine
Class A misdemeanor: Maximum one year in jail, $4,000 fine
Third-degree felony: Two to 10 years in prison, $10,000 fine
Second-degree felony: Two to 20 years in prison, $10,000 fine
First-degree felony: Five years to life in prison, $10,000 fine

What are defense strategies against computer crime charges in Texas?

An experienced illegal internet search attorney will use every possible defense strategy at their disposal to defend their client. In the case of computer or online crimes, the defense could include the following:

Unaware: Some online computer crimes require that the defendant knew and intended to do what they did to be charged and convicted.

Identity theft: The defendant’s online identity or computer was hacked with a virus. According to antivirus software company McAfee, the online identity of 15 million Americans was stolen in 2021.

Coercion: The defendant was forced to commit a computer crime under threat of harm to themselves or a family member.

Have you been charged with computer crime? Call us.

Prosecutors often seek the maximum penalty for internet sex crimes, especially ones involving child pornography. Just being implicated in such a crime can ruin a person’s reputation and destroy lives. That’s why contacting an illegal internet search attorney at Varghese Summersett is vital.

Police need a warrant before searching your home or property. Make them get one, and don’t answer any questions without a lawyer. Contact one of our sex crimes defense lawyers. Cybercrime cases can be complicated and require experienced criminal defense attorneys with a strong understanding of the internet and computing. Our team has unmatched success in North Texas, defending clients in such cases. For a complimentary consultation with one of our attorneys, call us at 817-203-2220.

Can you “quit” a jury?

The media is reporting that a “juror quit over the fear of being outed” in the historic Trump Hush Money Trial. Is it possible for a juror to quit?

First, it’s important to understand that a jury has not been empaneled in former President Trump’s case. They are still in jury selection. In regards to the juror who reportedly “quit,” this is a critically important factor.

Can a juror quit?

In the United States, once a juror is officially empaneled and sworn in for a trial, they cannot simply “quit” or voluntarily leave their duty without facing potential legal consequences. Jurors are expected to fulfill their civic duty unless the court excuses them for valid reasons.

Can a potential juror quit?

During the jury selection process, known as voir dire, potential jurors can be dismissed for various reasons, including personal hardships, biases, or conflicts of interest that might affect their ability to serve impartially. So, if the potential juror came forward and said they could not be fair or would consider something outside the evidence presented in the courtroom, they could be excused for cause. If the judge did not dismiss the potential juror for cause at that point, either side could use a peremptory challenge. So in essence, by speaking up and expressing a bias or outside influence that they could not set aside, a juror can effectively ensure they will not be on the jury.

Challenges for Cause vs. Peremptory Challenges

The difference between a challenge for cause and a peremptory challenge lies primarily in the reasons and justifications required for each during the jury selection process.

Challenge for Cause

A challenge for cause requires a specific, legally valid reason to disqualify a potential juror. This type of challenge is used when there is evidence that a juror may not be able to perform their duties impartially. Common reasons for a challenge for cause include:

• Conflicts of interest, such as a relationship with someone involved in the trial
• Pre-existing knowledge or strong opinions about the case that could prevent objective judgment
• Inability to communicate effectively or understand the proceedings due to language barriers or disabilities
• Demonstrable bias or prejudice against one of the parties involved in the trial
• Judges must approve challenges for cause, and there is no limit to the number of these challenges a party can make, provided they can substantiate each one

Peremptory Challenge

Peremptory challenges, on the other hand, allow attorneys to exclude potential jurors without providing a specific reason or justification. However, these challenges are limited in number and cannot be used to discriminate based on race, ethnicity, or sex, as established by the Batson v. Kentucky decision. Peremptory challenges primarily aim to help attorneys shape the jury composition based on their instincts or strategic considerations about how jurors might react to the case.

How many jurors will serve in Trump’s hush money trial?

In Donald Trump’s hush money trial, the plan is to have 12 jurors and 6 alternates, so a total of 18 jurors will be selected. This is a high number of alternates and the setup is intended to ensure that there are sufficient jurors to continue the trial without interruption, even if some jurors must be excused during the proceedings.

What are alternate jurors, and what will they do in Trump’s trial?

Six alternate jurors are selected in the Donald Trump hush money trial. Alternate jurors are crucial in ensuring that the trial can proceed without interruption due to losing any of the main jurors. They listen to the evidence and are prepared to step in and replace any main juror who cannot continue due to illness, personal emergencies, or being disqualified during the trial. If an alternate juror replaces a main juror after deliberations have begun, the entire jury must start their deliberations over. This ensures that all jurors participating in the final deliberations have been present for all deliberative discussions.

What happens if a juror “quits” or just stops showing up?

Once a jury is empaneled, if a juror does not show up or “quits,” the court has several mechanisms to address the situation, ensuring the trial can proceed without undue disruption.

Legal Consequences for the Juror

If a juror fails to show up without a valid reason or attempts to quit mid-trial without being formally excused by the judge, they could potentially face legal penalties, including fines or other sanctions, depending on the jurisdiction’s laws regarding jury duty. It could be considered juror misconduct and would likely result in contempt of court.

Replacement with an Alternate Juror

If a juror is unable to continue serving due to illness, personal emergency, or other valid reasons, and the trial has not yet reached the deliberation stage, an alternate juror can be called upon to replace the original juror. This ensures that the jury remains at its full complement for the duration of the trial

Continuing with a Smaller Jury

In some jurisdictions, the trial can proceed with a smaller jury if jurors are reduced after the trial has begun and both parties agree to it. This is less common and typically requires the consent of both the defense and the prosecution.

Mistrial

If a juror leaves during deliberations and an alternate is unavailable or the departure significantly impacts the trial’s fairness, the judge may declare a mistrial. This would result in the trial being restarted with a new jury.

The primary reason a judge would seat so many alternate jurors in this case is to avoid the possibility of having to declare a mistrial or having to continue with a smaller jury.

The specific course of action depends on the timing of the juror’s departure, the availability of alternates, and the legal standards in the particular jurisdiction. The judge plays a crucial role in deciding how to proceed in such situations to maintain the integrity of the trial process.

More than a million tourists are expected to be in Texas to witness the total solar eclipse on April 8. The influx has prompted many counties and cities to issue local disaster declarations, and every law enforcement officer in the state will be on duty and high alert.

While officials expect eclipse tourists to be on their best behavior during their stay in the Lone Star State, some will undoubtedly find themselves on the wrong side of the law. After all, what’s legal in their state may be against the law in Texas.

To help visitors avoid legal pitfalls and ensure their eclipse experience is memorable for all the right reasons, we’ve compiled this handy guide to Texas laws.

Gun Laws

Texas has relatively permissive gun laws. Most people 18 or older can carry a handgun in a holster without a permit, both openly or concealed. However, there are restrictions on where you can carry a firearm, such as schools, courthouses, bars, and secured areas of the airport. Non-residents are permitted to carry a gun in Texas as long as they are legally licensed under their state and federal laws. So if you are planning on carrying a handgun, be sure to bring your permit, as Texas recognizes concealed carry permits from more than 40 states that have reciprocity with Texas.

Alcohol Laws

The legal drinking age in Texas is 21. However, people under the age of 21 can consume alcohol in the presence of an adult parent, guardian, or spouse. Of course, It’s illegal for anyone to drive while intoxicated – which is defined as having a blood alcohol concentration of .08 or more or not having normal physical or mental faculties due to an intoxicant. It’s also illegal for anyone to drive or ride with an open container of alcohol in the vehicle. Additionally, Texas has specific times when alcohol can be sold, which can vary by city or county.

Public Intoxication Law

It may be tempting for eclipse tourists to indulge in celebratory drinks during this once-in-a-lifetime event but don’t overdo it. Public intoxication is a crime in Texas. This offense occurs when a person is so intoxicated in public that they pose a danger to themselves or others. And while the punishment is a $500 fine, you will likely end up in jail to sober up.

Marijuana Laws

Marijuana is legal in many states across the country, but Texas is not one of them. Possession of marijuana is illegal in Texas, and penalties can be severe. For example, possession of two to four ounces is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine. Anything amount above that is a felony. And let’s not forget about vaping – a common way people are inhaling THC these days. In Texas, vaping THC is a felony, regardless of your age or the amount.

Trespassing Law

With the influx of tourists seeking the best spots to view the eclipse, it may be tempting to trespass on private property. This is against the law in Texas. It’s critical to respect property boundaries and signage, and to obtain permission before entering private land.

Smoking Laws

Smoking is banned in many public places in Texas and some cities have stricter regulations than others, so be mindful before lighting up. It is also illegal for people under the age of 21 to purchase, possess, use, or accept a cigarette, e-cigarette, or tobacco product in Texas.

Speeding Laws

Texas has some of the highest speed limits in the country, with certain highways allowing speeds up to 85 mph. However, speed limits can vary greatly depending on the area, so always pay attention to posted signs. Police will be in full force during the eclipse, and speeding can result in hefty fines and even jail time if they believe a motorist is driving recklessly.

Texting and Driving Law

Texting and driving is illegal in Texas. It is against the law to read, write or send a text while behind the wheel. Emailing, instant messages and posting to social media is also not allowed. However, using a hands-free device for a call is allowed for drivers over 18.

Seat Belt and Child Safety Seat Laws

Texas law requires all passengers in a vehicle to wear seat belts. Children under 8 years old or shorter than 4 feet 9 inches must be in a child safety seat. Failure to comply can result in fines ranging from $25 to $250.

Arrested Eclipse Tourists? Contact Us.

According to a new study, the Lone Star State will be the top destination for eclipse tourists. With so many visitors expected to flock to Texas, it’s inevitable that some will run into legal trouble.

Ignorance of the law is not a valid excuse in Texas. Telling the police you didn’t know something was illegal won’t get you out of a citation or arrest. That’s why it’s important to familiarize yourself with Texas laws before your visit and always err on the side of caution.

If you or a loved one do end up in handcuffs, it’s important to contact an experienced defense attorney as soon as possible. In fact, if you are visiting North Texas, go ahead and put the law firm of Varghese Summersett in your phone now: 817-203-2220.

As of 2024, sports betting is not legal in Texas despite efforts to change this. There have, however, been many efforts to legalize sports betting in the Lone Star State. It is also no secret that several billionaires see this changing in the future. In this article, we will explore the current state of sports betting in Texas and, perhaps more importantly, when sports betting might become legal in Texas.

Is sports betting legal in Texas?

Sports betting is illegal in Texas, and efforts to legalize it have faced significant challenges. Despite the federal ban on sports betting being lifted, allowing states to decide on their legalization, Texas has not successfully legalized sports betting.

Is it legal for someone in Texas to place a bet in another state?

A Texas resident can travel to a state where it is legal to place a bet, such as Nevada and place a bet while they are there. It is not legal for someone who is physically in Texas to place a sports bet in another state. Does that mean bets aren’t placed by Texans every day?

Are sports betting apps legal in Texas?

Sports betting apps are not legal in Texas. Apps like Bovada try to skirt this by operating outside the United States. Yet, for users in Texas, Penal Code Section 47.02 still applies. This prohibits bets on the partial or final result of a game or contest or on the performance of a participant in a game or contest. In other words, there is some risk that a person could be prosecuted for using an app to place bets online from Texas. With that said, in 15 years as a criminal lawyer in Texas, I have never seen a gambling prosecution based on a sports betting app. Other apps like Fliff try to skirt Texas law by offering “Fliff Coins” and “Fliff Cash” instead of dollars and cents directly as winnings. However, the Texas gambling law covers anything of value, so this would not be a successful defense.

What is the punishment for placing a sports bet in Texas?

The only silver lining is that gambling is a Class C misdemeanor in Texas, meaning it is not punishable by jail time. It is, instead, punishable by a maximum fine of $500. This also means that these types of offenses would be prosecuted by cities and generally not district attorneys or at the county level. Most cities don’t have the resources to prosecute these cases.

What efforts have been made to legalize sports betting in Texas?

In 2023, Texas saw legislative efforts aimed at legalizing sports betting. The Texas House of Representatives has shown some support for sports betting legislation, with bills such as HB 1942, which would legalize mobile sports betting, and HJR 102, which would establish brick-and-mortar casinos.

HJR 102 (2023)

House Joint Resolution 102 (HJR 102) was a legislative proposal in Texas aiming to create a constitutional amendment to legalize wagering on certain sporting events within the state. The resolution also stipulated that at least 98 percent of the net state tax revenue generated from sports wagering should be dedicated to property tax relief. The Texas House of Representatives passed HJR 102 on May 11, 2023, after it received enough votes following a third reading. Specifically, it needed a two-thirds majority, or 100 votes, to pass because it proposed amending the state constitution. It successfully garnered 101 votes out of a possible 143 during the vote. Despite the resolution passing in the House, Lt. Governor Dan Patrick’s opposition to the legislation was a critical factor in its demise in the Senate. Patrick, who presides over the Texas Senate, had indicated on multiple occasions that there was little to no support for expanding gambling, including sports betting, among Senate Republicans. Patrick had previously signaled that it might be “game over” for efforts to legalize sports betting and casino gambling in the state, citing “zero support” for such legislative proposals in the Senate. He had also made it clear that he would not bring the bill to the floor unless it had significant Republican backing, requiring consensus from at least 15 to 16 Republican senators.

HB 1942 (2023)

House Bill 1942, aimed at legalizing mobile sports betting in Texas, saw significant legislative activity but ultimately did not become law. The bill proposed to grant mobile gaming licenses to Texas’s 14 professional sports teams, which would then partner with mobile gaming operators to provide sports betting within the state. Despite gaining some momentum, including approval from the Texas House of Representatives and moving through the House Committee on State Affairs with a 9-3 vote, HB 1942 faced substantial obstacles. One of the major hurdles for HB 1942 was the opposition from key political figures, notably Texas Lieutenant Governor Dan Patrick. Despite the bill’s progress in the House, Patrick shut down any optimism for legal sports betting in 2023 by stating he would not call HB 1942 to the Senate floor for consideration.

I’ve said repeatedly there is little to no support for expanding gaming from Senate GOP. I polled members this week. Nothing changed. The senate must focus on issues voters expect us to pass. We don’t waste time on bills without overwhelming GOP support. HB1942 won’t be referred.…

— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) May 13, 2023

However, these bills have not progressed in the Senate, and Governor Dan Patrick has been a notable obstacle to their advancement

When could it sports betting be legalized in Texas?

The Texas legislature meets biennially, which means that any new legislation would not be considered until the next legislative session in 2025.

Is it likely that sports betting will be legalized in 2025?

Dan Patrick will still be Lieutenant Governor in Texas in 2025. He was re-elected for a third term in November 2022. Patrick has announced his intention to seek re-election for a fourth term in 2026. If he wins and serves the full four-year term, he would be in office until at least January 2031. This would give him a total of 16 years in office, making him the second-most-tenured lieutenant governor in state history, behind former Lt. Gov. Bill Hobby, who served for 18 years from 1973 to 1991. If Lt. Patrick remains in office, barring an overwhelming push from Republican senators, it is unlikely that sports betting will become legal in Texas.

What efforts are underway to legalize sports betting in Texas?

Despite the challenges, there is some momentum and interest in legalizing sports betting in Texas. The state’s professional sports teams and owners, such as Jerry Jones of the Dallas Cowboys and Mark Cuban, who recently sold a majority stake in the Dallas Mavericks to Miriam Adelson of the Las Vegas Sands Corporation, have supported legalization.

Miriam Adelson: As the largest shareholder of Las Vegas Sands Corp. and a Republican megadonor, Miriam Adelson has been leading a push for gambling in Texas. Her family’s political action committee has contributed millions to Texas campaigns to support gambling legislation. Additionally, Las Vegas Sands Corp. has purchased around 100 acres of land near the old Texas Stadium site in Irving, which is speculated to be a potential site for a new Mavericks arena and casino resort.

Mark Cuban: The now minority owner of the Dallas Mavericks, Cuban has been a vocal proponent of sports betting and has expressed his desire to build a new arena for the Mavericks that includes a casino resort. Cuban’s partnership with the Adelson family, who purchased a majority stake in the Mavericks, is seen as a strategic move to influence gambling policy in Texas. Mark Cuban’s ownership of the town of Mustang, Texas, could potentially be advantageous if gambling is legalized in the state. Owning an entire town would give Cuban a significant amount of control over land use and development, which could be beneficial for establishing new business ventures, such as a casino, should the legal landscape change to permit such establishments.

Tilman Fertitta: Owner of the Golden Nugget casinos and the Houston Rockets, Fertitta has expressed interest in bringing resort-style casinos to Texas and has also been involved in efforts to change the state’s gambling laws.

Gambling and the Texas Constitution

The provision of the Texas Constitution that prevents gambling, including sports betting, is found in Article III, Section 47. This section is often referred to as the “anti-gambling” provision. It prohibits lotteries and gift enterprises, effectively banning most forms of gambling. The relevant part of the Texas Constitution states: “Lotteries and gift enterprises; bingo games. (a) The Legislature shall pass laws prohibiting lotteries and gift enterprises. Provisions enacted to authorize the conduct of state lotteries shall be implemented to prevent commercialized gambling, ensure the integrity of the games, and maximize the contribution of the lottery proceeds to the state in lieu of tax increases.”This constitutional provision requires any expansion of gambling, including sports betting, to be approved through a constitutional amendment process. This process involves a proposal by the Texas Legislature, which must be approved by a two-thirds majority vote in both the House and the Senate, followed by a majority vote in a statewide referendum