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Recent Blog Posts
Texas Innkeepers and Hotels (Part One) by R. Scott Alagood
In Texas, a lease of land grants the lessee an actual estate in the real property made up of the specific rights granted. Depending on the type of rights granted to a lessee, the express terms of the grant may be affected by numerous state laws, including statutes, ordinances, regulations, and court decisions. For example,… Read More »
Business Liability for Work Place Injuries
A couple of months ago I wrote an article on the risks posed to business owners by work related accidents. This month the article will be addressing the broader topic of work place injuries. Specifically, injuries suffered by employees while on the job. Texas, like most states, creates strong incentives for businesses to provide their… Read More »
Property Exempt from Creditor’s Lien by R. Scott Alagood
It should be noted that Texas history is filled with citizens from other states and countries moving to Texas to escape debt and not so friendly debt collection laws, including in some instances, debtor’s prison. For example, William B. Travis avoided arrest in Alabama for unpaid debts by moving to Texas. As a result, the… Read More »
Understanding What’s in the Contract Boilerplate by Samuel B. Burke
In the age of the word processor, most contracts are assembled from forms or using a contract one of the parties has used before. Very often at the end of these previous agreements or forms, some boilerplate provisions are included. Sometimes these provisions are a good fit for the new agreement and other times they… Read More »
Texas Legislature
This new Year brings with it new Texas legislature. The Texas legislature meets every other year in odd numbered years to enact, repeal, or modify the laws of the state. The 85th Texas Legislature began on Janaury 10, 2017, and will remain in regular session for hte following 140 days. Following the regular session, the… Read More »
MOTOR VEHICLE ACCIDENTS ARE A SIGNIFICANT SOURCE OF POTENTIAL LIABILITY FOR MOST BUSINESSES by SAMUEL B. BURKE
This past year injuries and deaths caused by motor vehicle accidents rose for the first time in over a decade. When discussing this issue with a local State Farm agent, Matt Portz, Mr. Portz told me that State Farm alone processes 42,000 auto accident claims per day. The recent rise in auto accidents related to… Read More »
Texas Water Rights by R. Scott Alagood
According to the Texas Water Development Board (“TWDB”), Texas’ population is expected to increase from approximately 29.5 million to 51 million between 2020 and 2070. Tex. Water Dev. Bd., 2017 State Water Plan (May 19, 2016). It is further projected that over half of the population growth in Texas during this period… Read More »
Mediation: A Texas Resolution
In 1987, Texas passed the Alternative Dispute Resolution Act which is now found in Chapter 154 of the Texas Civil Practices and Remedies Code. This Act introduced formal mediation to the State of Texas. Since that date, mediation has been used to resolve countless disputes between citizens, businesses, and governmental subdivisions of the State of… Read More »
Changes to Texas Justice Courts
In response to legislation adopted in 2011, the Supreme Court of Texas has issued new rules governing civil cases filed in justice courts. These new rules go into effect on August 31, 2013, and will govern the filing, pre-trial procedures, trial, and appeal of all civil cases filed in a justice court. Historically, cases in… Read More »