Mark D. Dunn
Attorney at Law (retired)
TEXAS LAWS
In Texas:
... an animal shelter cannot kill a dog or cat by shooting, clubbing, nicotine, or strychnine. Health and Safety Code section 823.006
... one cannot be guilty of attempted DWI. Strong v. State, 87 SW3d 206 (Tex. App.--Dallas 2002, pet. ref'd).
... weapons are prohibited in schools, but not in school parking lots. Texas Penal Code 46.035(f)(3)
... our state Constitution has been amended 432 times since 1876.
... one is required to have a life jacket on a boat only if it is a motorboat. If you're in a rowboat, you aren't required to have a PFD (personal flotation device) on board. Parks and Wildlife Code section 31.066
... the legal limit for DWI is a blood alcohol level of .08%, but one can be convicted of DWI even if his blood alcohol content is lower. Penal Code section 49.01(2).
... you can be jailed if you kill a game animal and fail to retrieve or preserve it. Parks and Wildlife Code section 62.011.
... you commit a Class C misdemeanor if you kill a Tooth Cave ground beetle in Comal, Texas.
... it is a crime to sell alcohol to an insane person. Alcoholic Beverage Code section 101.63.
... it is illegal to prohibit your employee from voting on company time. Election Code section 276.004.
... if you employ an agricultural worker, you may not require him to use a hoe that has a handle shorter than four feet. Occupations Code section 205.401.
... it's a crime to open a can of beer less than 1,000 feet from a school (unless it's a college). Alcoholic Beverage Code section 101.75.
... it is a crime to break a stalagmite. Natural Resources Code section 201.041
... there is no law against committing suicide.
... a parent can be charged with a misdemeanor if he fails to force his child to go to school. Education Code section 25.093.
... one can go to jail for two years for selling horse meat. Agriculture Code section 149.002.
... it is a crime to trip a horse. Penal Code section 42.09(a)(8).
... it is illegal to sell an armadillo as a pet. Parks and Wildlife Code section 63.103(a).
... it takes seven people (minimum) to riot. If six people misbehave, it may be a crime, but it can't be a riot. Penal Code section 63.103.
... it is illegal to remain at a roadside rest area for more than 24 hours. Transportation Code section 545.411.
... a person who throws trash on the beach in Galveston can be prosecuted in Travis County. Transportation Code section 365.015.
... it is a crime to try to use someone else's urine for a drug test. Health and Safety Code section 481.133.
... it is illegal to buy or sell a child. Penal Code section 25.08.
... the police can search a junkyard without a warrant. New York v. Burger, 482 US 691 (1987).
... it is illegal to sell one's kidney, liver, heart, lung, pancreas, or eye. One may legally sell his hair and blood. Penal Code 48.02.
.... it is a breach of the peace to fail to stop and give information after an automobile accident. Crowley v. State, 842 SW2d 701 (Tex. App. - Houston [1st Dist.] 1992, no pet.)
... a public school teacher can search a student without a warrant. New Jersey v. T.L.O., 469 US 325 (1985).
... attacking a police dog is not considered to be "resisting arrest."
... if a criminal defendant falls asleep in Court, and his lawyer fails to wake him up, this does not constitute "ineffective assistance of counsel." Carter v. State, 99 SW3d 772 (Tex. App. - Houston [14th Dist.] 2003, no pet.)
... if two people are arrested and charged with conspiracy, and one of them is acquitted, the other one must also be acquitted. Penal Code section 15.02 Barber v. State, 764 SW2d 232, 234.
... the month of July is, by statute, Buffalo Soldiers Heritage Month. Government Code section 662.101(a).
... jury deliberations may not be recorded in any way. Code of Criminal Procedure section 36.215.
... hitchhiking is illegal. Transportation Code section 552.007.
... it is illegal to drive a streetcar over a fire hose. Transportation Code section 545.205.
... a minor cannot be prosecuted for obtaining a tattoo, but the operator who applied the tattoo can be charged, and have his license revoked. Health and Safety Code sections 146.0125 and 146.018.
... it is illegal to attack a seeing-eye dog. Penal Code section 42.091.
... you can actually be arrested (not just given a ticket) for failing to wear your seat belt. Atwater v. City of Lago Vista, 532 US 318 (2000.)
... a communist can't run for public office. Government Code section 557.022(a).
... tomatoes in a crate or package must be uniformly ripe. Agriculture Code section 92.025.
... it is illegal to give a tattoo to a person who is drunk. Health and Safety Code section 146.012(a)(2).
... university classes must be taught in English unless they are foreign language classes. Education Code section 51.917.
... it is illegal to be a spectator at an organized dog fight. Penal Code section 42.09(a)(6).
... it is illegal to fish for oysters at night. Parks and Wildlife Code section 76.109.
... it is illegal to sell baby food at a flea market. Business and Commerce Code section 35.55.
... it is illegal to alter an object so that it appears to be an antique. Penal Code section 32.22.
... a person who rides a horse on a public street has the same rights (and duties) as someone driving an automobile. Transportation Code section 542.003.
... astronauts are specifically allowed to vote from outer space. Election Code section 106.002.
... it is a misdemeanor to operate an airplane on a public highway. Transportation Code section 24.021.
... if you sell alcohol to a minor who has a fake driver's license, it isn't a crime. Alcoholic Beverage Code section 106.03(b).
... a person need not be a peace officer, nor have any other particular qualifications, to serve as a bailiff.
... a felon may not possess body armor. Penal Code section 46.041.
... it is illegal to do a body piercing on a minor, but not on a person who is mentally incompetent. Health and Safety Code section 146.0124
... an arrest warrant is (basically) valid forever it has no expiration date. Blackmon v. State, 786 SW2d 467 (Houston [1st Dist]- 1990).
... your wife can refuse to testify against you in a criminal trial, but you (the criminal defendant) cannot legally prevent her from testifying if she wants to. Janecka v. State, 937 SW2d 456, 472.(Tex.Crim.App. 1996).
... 881 people escaped from state prisons between 1988 and 1998.
... 85 decibels is presumed to be an unreasonable noise level. Penal Code section 42.01(d)(2).
... a person cannot be executed before 6:00 pm. Code of Criminal Procedure section 43.14.
... a juvenile commits a crime if he smokes a cigarette. He does not commit a crime if he merely holds an unlit cigarette. Penal Code section 48.01.
... resisting arrest is a crime, even if the arrest itself was illegal. Penal Code section 38.03(b).