Dec 02
1
BHW Coloring Contest Keller

Christmas Coloring Contest 2019

By | Just For Fun

Calling All Artists 12 & Under!!!

 

2019 BHW Christmas Coloring Contest

Barnett Howard & Williams (Keller location) is having a Christmas Coloring Contest. Several business in Keller have partnered with us to offer some great prizes! We will award prizes to 2 different age groups. Age Groups are 0 – 7 and 8 – 12.

PRIZES (Awarded to Both Age Groups)

First Prize = 2 Movie Tickets and a $30.00 Gift Card to the Keller Moviehouse & Eatery.

 

Second Prize = A $25.00 Gift Card to Chick-fil-A.

 

Third Prize = A $15.00 Gift Card t0 Freddy’s Frozen Custard & Steakburgers.

 

What to Do:

STEP ONE: Download one (or both) of the Coloring Sheets below and print them out. You may also pick up a coloring sheet from our office located at 101 Quest Court, Keller, Texas 76248.

STEP TWO: Sharpen your crayons or coloring pencils and color your chosen picture. Don’t forget to include your name and age.

STEP THREE: Drop off your completed masterpiece at our Keller office – 101 Quest Court, Keller, Texas 76248 by December 20, 2019. We are located right next to Keystone Church.

Southlake Keller Colleyville Criminal Defense DWI Office

STEP FOUR: Follow us on Facebook, where we will announce the winners on Monday, December 23rd, 2019.

 

Have Fun and Merry Christmas!

Nov 05
10
Reasonable Parental Discipline Texas Spanking Illegal

Spare the Rod or Spoil the Child: Is Spanking a Crime in Texas?

By | Assault

Can a Parent Spank a Child in Texas? Corporal Punishment and The Reasonable Discipline Defense

Parents Spanking in TexasIs Spanking illegal in Texas? No, spanking is not illegal in Texas under most circumstances. The Texas Penal Code provides a defense for parents charged with Injury to a Child under Section 22.04 when the force was used to “reasonably discipline the child.”

Specifically, Section 9.61 provides that a parent’s use of force, but not deadly force, against a child will be justified if the parent “reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.” A reasonable belief is what an ordinary and prudent man would believe in the same or similar circumstances as the actor. It is not based on the particular belief of that parent. This is important to understand, because a parent could use force that they feel is the appropriate discipline for their child in that situation, when in fact that force could easily be an act of abuse that results in facing charges of a third degree felony.

When Does Spanking and Corporal Punishment Cross the Line and Become a Criminal Offense? When is Spanking Illegal in Texas?

In Texas, it is a known practice for parents to spank their children and it is perfectly legal to do so, but the main question is when does spanking or other corporal punishment cross the line to child abuse. When is spanking illegal in Texas? The Texas Penal Code states that child abuse occurs when the force results in bodily injury. Bodily injury means “physical pain, illness, or any impairment of physical condition.” Tex. Penal Code §1.07(8). Often, this is when use of force leaves some sort of mark, like a bruise or a cut. However, this determination will be decided on a case-by-case basis. After all, kids bruise easily and often engage in self-destructive behavior while they are being spanked (I know I did when I was a kid).

As a parent that chooses to use corporal punishment, it is to your benefit to understand that, while you have every right to do so in Texas, there are limits.  The Texas Attorney General website lays out some situations where discipline will likely be considered “abusive:”

  • When striking a child above their waist
  • When using ropes, wires, shoes, sticks, yardsticks, phone cords, and boards during corporal punishment
  • When force causes a “bruise, welt, swelling, or requires medication” it is likely to be deemed abusive

Additionally, the AG describes that the least likely abusive force is spanking with just an open hand (even though most parents that use corporal punishment are taught not to do that as a matter of principle).

If You Choose to Use Spanking or Corporal Punishment to Discipline Your Children, Be Careful.

Bottom line: Yes, parents may spank their kids in Texas. It is legal to use corporal punishment in Texas, but proceed at your own risk of crossing the line to abuse if you leave any type of mark. This rule of thumb will likely allow you to avoid situations like that of Adrian Peterson, a Vikings football player that was indicted in 2014 for injury to a child in Texas for using a branch from a tree to discipline his young son. This is a perfect example to show that while this was a perfectly accepted form of discipline in Texas at one time, it is now unacceptable.

As a parent in Texas this gives you a lot to think about and consider when deciding how to practice your right of discipline. This is just a rough overview of the bounds of reasonable discipline and should you have any questions contact our office. Additionally, if you are a parent and happen to find yourself in a situation where you are being investigated or facing charges for injury to a child, contact our criminal defense team to discuss whether the defense of reasonable discipline fits in your case.

NOTE: The “reasonable discipline” justification also applies to grandparents, guardians, someone working under the court, and someone whom has consent from the parent.

Injury to a Child Defense Attorneys – Fort Worth, Texas

If you are under investigation or have been charged with Injury to a Child for an incident related to the reasonable discipline of your child, contact our attorneys immediately. We will aggressively defend your parental rights in court, in front of a grand jury, or against police investigation. Our firm offers free consultations for all criminal cases. Contact us today at (817) 993-9249.

Oct 25
4
Texas Stowers Doctrine Insurance Settlements

The Stowers Doctrine | Good Faith in the Settlement of Claims

By | Car Wreck, Personal Injury

What is the Texas Stowers Doctrine and How Does is Apply to a Personal Injury Case?

Texas Stowers Doctrine Insurance SettlementsUnder the typical Texas liability insurance policy both the insurer and the insured have mutual obligations and rights. The insured pays a premium to their insurance company to protect against unexpected losses and claims. On the other hand, the insurance company has a duty to defend against claims covered under the policy and a right to control the defense of litigation should it arise.1 Included in the right to control litigation is the insurer’s authority to make the decisions concerning policy coverage, the merits of claims made by third parties against the insurance company, and the settlement of such claims.2 But what happens when an insurance company refuses an offer to settle within the policy limits?

According to the Stowers Doctrine, the insurer has an implied duty to act in good faith and accept reasonable settlement demands within policy limits.3 This is called the Stowers duty. Through this duty the insurer protects the insured against judgements in excess of policy limits. Under the Stowers Doctrine, if an insurance company negligently failed to accept a reasonable offer within policy limits and a jury then returns a verdict in excess of the policy limits, the insurance company may be liable for the entire verdict, even though it exceeds policy limits.4

History of the Stowers Doctrine

The Stowers Doctrine originated in 1929 from the Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity, Co., 15 S.W.2d 544 (Tex.). Stowers Furniture Co. had an auto insurance policy with American Indemnity for $5,000. During the policy term, a furniture employee’s truck was involved in an accident and suit was brought by the injured passenger, claiming $20,000 in damages. While the suit was pending, the injured party served Stowers with a letter offering to settle for $4,000—within policy limits. The letter gave a deadline to accept the offer and provided proof of the excessive damages. American Indemnity refused to settle and went to trial with the intention of saving money. They lost at trial and a jury awarded the injured party more than twice the amount of the policy. The terms of the insurance policy stated iStowers was responsible for a judgment in excess of the policy limits. Stowers paid the judgement and then sued the insurance company for reimbursement.

The Texas Supreme Court held that American Indemnity owed a duty to Stowers to exercise ordinary care in the settlement of claims. American Indemnity was responsible for protecting the insured up to the policy limit. The Court remanded the case to the district court to allow testimony of the serious nature of the passenger’s injuries to determine if American Indemnity was negligent in refusing the settlement offer.5 If American Indemnity rejected a reasonable settlement within the policy limits, they would potentially be liable for the entire judgement, even that in excess of the policy.6

The purpose behind Stowers is to put pressure on insurance companies to settle claims for the policy limit. Because insurance companies have complete power over litigation, they have a corresponding duty to their insured to exercise the same degree of care that a prudent person would exercise under similar circumstances. Failing to exercise such care is deemed negligent on the part of the insurance company.7 Put simply, the insured is protected from the insurance company taking a risk when a reasonable person would have settled.

How Does a Stowers Demand Work?

The Stowers Doctrine is a tool unique to Texas law and has created a new type of settlement demand: the Stowers demand. This demand is a time-sensitive letter sent to a third-party insurance carrier with an offer to settle within the insured’s policy limits.8 For a Stowers demand to be valid, five requirements must be met:

  1. the claim against the insured is within the scope of coverage;
  2. liability is reasonably clear;
  3. the demand is within the limits of the policy;
  4. the settlement terms are such that an ordinarily prudent insurer would accept it when considering the likelihood and degree of the insured’s potential exposure to an excess judgment; and
  5. the demand offers the insurer an unconditional, full release for liability.9

If these requirements are met and the insurer fails to accept the offer by the deadline, the defendant’s insurance company may be held responsible for verdict in excess of its insured’s policy limits.10

Footnotes:

  1.  Stephen G. Cochran, Texas Practice Series: Consumer Rights and Remedies § 5.13 (3d ed. 2017).
  2.  Id.
  3.  American Physicians Ins. Exch. v. Garcia, 876 S.W.2d 842, 846 (Tex. 1994).
  4.  See G.A. Stowers Furniture Co. v. American Indemnity, Co., 15 S.W.2d 544, 547 (Tex. 1929).
  5.  Id. at 548
  6.  Id. at 547
  7.  Texas Farmers Ins. v. Soriano, 881 S.W.2d 312, 314 (Tex. 1994).
  8.  American Physicians Ins. Exch. v. Garcia, 876 S.W.2d 842, 844–45 (Tex. 1994).
  9.  Id. at 849; Trinity Universal Ins. Co. v. Bleeker, 966 S.W.2d 489 (Tex. 1998).
  10.  See Ecotech Int’l, Inc. v. Griggs & Harrison, 928 S.W.2d 644, 646 (Tex. App.—San Antonio 1996, writ denied); Stowers Doctrine, Int’l Risk Mgmt. Inst.
Oct 01
16
Self Defense Deadly Force in Texas

The Castle Doctrine: Understanding Self Defense in Texas

By | Self-Defense

Know your Rights and Responsibilities Before Using Deadly Force for Self Defense in Texas

Self Defense Deadly Force in TexasYou may have heard about Texas Stand Your Ground Law or The Castle Doctrine.  These ideas refer to “standing your ground” in your “castle” against intruders by using deadly force to protect yourself.  But do you know when you can use force and what kind of force can be used? Understanding the Texas gun laws is incredibly important so that you know exactly what you can and cannot do when protecting yourself or your home, car, or business.

What exactly is the Castle Doctrine? When Can Deadly Force be used for Self Defense Purposes?

In Texas, Section 9 of the Texas Penal Code provides legal justifications for the use of force in a limited set of circumstances when a person has no duty to retreat. For example, a homeowner in his own home does not have a duty to retreat and may use deadly force to protect himself against an armed intruder. This would be the same for a business owner in his place of business and a truck driver in his own truck.

Texas law provides for a justifiable defense at trial when using deadly force if the person claiming self defense:

  1. Reasonably believed the deadly force was immediately necessary;
  2. Had a legal right to be on the property;
  3. Did not provoke the person against whom deadly force was used; and
  4. Was not engaged in criminal activity at the time the deadly force was used.

What is Considered Self Defense in Texas?

Self Defense will be a justifiable defense so long as the type of force used is reasonable and necessary in the moment to protect against an attacker. A person may use force against another when they reasonably believe it is immediately necessary to protect from another’s “use or attempted use of unlawful force.” A person may use deadly force in self defense under Section 9.31 of Texas Penal Code if he:

  • Knew the intruder unlawfully with force entered into his home, vehicle, or place of employment; or
  • Was being kidnapped; or
  • The intruder was attempting to sexually assault, rob, kidnap, or murder.

What is the Difference Between Deadly Force and Threat of Force?

Threat of force is when a person displays a weapon as a threat, showing that they will use deadly force to cause death or serious bodily injury if necessary. Texas Penal Code §9.04.  Threat of Force is a precursor to the use of Deadly Force.

For example, a landowner, on his property, sees a trespasser running towards him. If the landowner decides to turn in such a way to display his holstered, loaded gun which causes the trespasser to run off the property, Texas law says this is likely a justifiable threat of force.

When is Defense of Another Person Justifiable?

A person is justified in using force or deadly force to protect a third party if he believes intervention is immediately necessary and would be justified in using force or deadly force to protect himself against the unlawful force in the same circumstance.

However, use of force is not justified if in the use of force to protect a third party, the person gets the circumstances wrong and ends up seriously injuring or killing an innocent third party.

For example, a man sees his friend in a fight and intervene by using deadly force to protect his friend and kills the third party. The man did not realize that the third party was actually using force as self defense against his friend. In this situation, the man would not be able to use defense of others as a justification for killing the third party.

Protection of One’s Own Property

Under Texas Penal Code §9.42, a person may use deadly force against another to protect land or property if:

  1. He is the owner of the land;
  2. He reasonably believes using the force is immediately necessary to prevent arson, burglary, or robbery; and
  3. He reasonably believes that the land or property cannot be protected or recovered by any other means.

Know Your Rights and Responsibilities

In conclusion, while Texas law does have a few justifications for use of force and deadly force, the justifications are only proven in a very limited set of circumstances. Further, even if a person has a justification for using force, he may still be arrested and face trial. Additionally, even though an actor may have been justified in using force, he may still face civil litigation and penalties associated with the use of force against another.

Using force for self defense purposes is a serious response and should only be used in truly dangerous and threatening situations. Texas law makes it abundantly clear that those who use force will only be justified in doing so if they meet specific criteria, given the circumstances, and acted as a reasonable person would have under the same or similar circumstances.

 

Fort Worth Gun Crimes Defense Attorney
Rating: ★★★★★ 5 / 5 stars
Rated By Google User
“Absolutely amazing! It was comforting to know I had a Marine veteran defending my case.”

 

Sep 01
29
Texas DPS Drivers License Surcharges

Texas Drivers License Surcharge | REPEALED September 2019

By | Traffic Offenses

UPDATE: In 2019, the Texas Surcharge Program was repealed by law and all surcharges were forgiven as of September 1, 2019. 

Contact DPS Regarding Your Surcharge Account

For assistance with questions about your Surcharge account, you can contact Texas DPS Municipal Services Bureau (MSB) at:

1-800-688-6882

Check Your DPS Account at www.txsurchargeonline.com

If you are unsure whether you have a pending TX DPS surcharge or if you would like to pay your Texas DPS surcharge, you can do this online at www.txsurchargeonline.com. Surcharges in Texas are frustrating and sometimes confusing. If you need clarification on your TX surcharge, you should contact the Texas Department of Public Safety by phone or on their website at www txsurchargeonline com.

Aug 12
0
Scholarship Winners BHW 2019

2019 BHW Scholarship Winners | Veteran Law Student & Military Dependent

By | Scholarship

Barnett Howard & Williams PLLC Announces the Recipients of the 2019 Scholarship Awards

Scholarship Winners BHW 2019This was the 4th year for our law firm to offer scholarships. In honor of the sacrifices of our military veterans, we decided to that the scholarships should be connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received several applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.

2019 Winner – Military Veteran Law Student Scholarship

The winner of the 2019 Military Veteran Law Student Scholarship is:

CPT ANTHONY TAYLOR, U.S. ARMY

Anthony Taylor is an Army veteran that served as a Pathfinder Platoon Leader in the 82nd Airborne Division’s lite Pathfinder Company and deployed to Afghanistan as a Ranger Platoon Leader in the 75th Ranger Regiment. Captain Taylor will be attending Northwestern University’s Pritzker School of Law in Chicago this Fall. Congratulations Anthony Taylor. Best wishes as you continue toward your law degree.

2019 Winner – Military Dependent Scholarship

The winner of the 2019 Military Dependent Undergraduate Scholarship is:

TYLER CAIN

Tyler Cain is the son of a U.S. Marine infantry veteran. His father was wounded in combat and is currently 100% disabled. Motivated by his father’s struggles, Tyler hopes to earn a degree in Political Science and work as a lobbyist and diplomat. He is enrolled in Coastal Carolina University. Best wishes Tyler, as you continue in your studies.

More Information About Our Scholarship Opportunities:

For more information about how to apply for these scholarships in future years, please visit the scholarship pages:

Military Veteran Law Student Scholarship

Military Dependent Scholarship

Aug 05
4
DWI Deferred Adjudication Texas

Deferred Adjudication for DWI Offenses in Texas | New Law Effective Sept 1, 2019

By | DWI

Finally, Common Sense Prevails Regarding First-time DWI Offenses

DWI Deferred Adjudication TexasFor years, I’ve had the difficult task of trying to explain to clients facing a first-time DWI charge why their case is treated more harshly under the law than other misdemeanor criminal offenses like assault, prostitution, theft, drug possession, etc. In Texas, you can be charged with one of the latter crimes and have the option of deferred adjudication probation. Deferred adjudication probation has not been an option for DWI offenses in Texas. Until now.

Effective September 1st, 2019, a first-time DWI offense may qualify for deferred adjudication probation in Texas. The Texas legislature passed legislation that was signed into law by Governor Abbott that will amend Texas Code of Criminal Procedure Art. 42A.102(b) and make deferred adjudication probation available for some first-time DWI offenses.

What is Deferred Adjudication Probation?

Deferred adjudication probation typically requires the same terms and conditions as regular probation. So, why is it a better option? In Texas, if you receive regular or “straight” probation, the judge is required to enter a finding of guilt in your case which results in a criminal conviction.

Deferred adjudication probation is different because the judge “defers” that finding of guilt and, if you successfully complete the probation, the case results in a dismissal of the charge. Thus, you avoid the penalties and consequences that result from having a criminal conviction on your record.

The New Provisions are Effective September 1st, 2019 and Are Not Retroactive.

Deferred adjudication probation on first-time DWI offenses will apply ONLY to offenses committed on or after September 1st, 2019. That means all offenses committed prior to that date will be governed by previous law that does not allow deferred adjudication probation for DWI offenses.

Are All DWI Offenses Eligible for Deferred Adjudication Under the New Law?

The new law also limits which types of first-time DWI offenses will qualify. Deferred adjudication will NOT be available for first-time DWI offenses if:

  • If it is adjudicated that your blood or breath alcohol concentration was .15 or higher at the time the analysis was performed (see Texas Penal Code 49.04(d).)
    Or
  • You held a commercial license or commercial learner’s permit at the time of the DWI arrest

Also, if you are charged with a subsequent DWI after receiving a previous conviction or convictions for DWI, you are disqualified.

The Interlock Trade-Off

For years, defense attorneys and prosecutors (yes – even prosecutors!) have lobbied for making deferred adjudication probation an option for first-time DWI offenders. However, MADD staunchly opposed the idea. So, what’s changed MADD’s position? MADD agreed to the new law because it makes first-time DWI offenders (who previously were NOT required to have an ignition interlock device as a condition of probation) now have it as a requirement. The new law requires the judge to order the ignition interlock device as a condition of probation if you receive deferred adjudication probation for a DWI offense (see the amendment to Texas Code Crim. Procedure Art. 42A.408(e-1).)

There is, however, an exception to this requirement under TCCP Art. 42A.408(e-2) of the new law. If you submit to a substance abuse evaluation and the judge determines (based on that evaluation) that the ignition interlock requirement is “not necessary for the safety of the community,” then the judge may waive the requirement. This is certainly something you would want to discuss with your attorney.

What Will My Record Look Like if I Receive Deferred Adjudication Probation for a DWI Offense?

Although successful completion of deferred adjudication probation results in a dismissal of the underlying criminal charge, there is still a criminal record that must be addressed following the dismissal. The new law limits your remedy options to a nondisclosure (sealing of the record) and even that is not guaranteed.
You will not qualify for a nondisclosure if:

  • You have previously been convicted of or placed on deferred adjudication probation for another offense (other than a traffic offense that is punishable by fine only.)
    Or
  • There is sufficient evidence to show that offense resulted in a motor vehicle accident involving another person (including a passenger in the motor vehicle operated by you.)

It’s also worth noting there is a two-year waiting period after discharge from probation to petition the court for a nondisclosure.

Can a Future DWI Arrest Be Enhanced Even if I Wasn’t Convicted on the First One Under the New Law?

If, after your successful completion of deferred adjudication probation and dismissal by the court, you are arrested again for DWI, the new law allows the state to use the prior for enhancement purposes. If your case is dismissed, how can the state use it as a prior conviction? This can make for a candid debate, but, at the end of the day, this was another MADD trade-off conceded by the legislature that you should be aware of when considering long-term consequences of the new law.

DEFERRED SOUNDS GOOD – WHERE DO I SIGN? NOT SO FAST!!!

If, after September 1st, 2019, you or a loved one are faced with a first-time DWI charge and qualify for deferred adjudication probation, it might appear to be an easy option. However, we can’t stress enough how important it is that you retain a qualified DWI attorney who can analyze your case to determine If the state has enough evidence to prove their case or if there are legal or evidentiary issues present that may prove problematic for the state. The experienced DWI Attorneys at Barnett, Howard & Williams, PLLC are here to help determine what your best options truly are. So, please feel free to give us a call.

Jun 20
5
Fireworks Laws Texas Keller Southlake

Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000?

By | Criminal Defense

Do Not Lose Your Liberty on Independence Day

Fireworks Laws Texas Keller SouthlakeIndependence Day is right around the corner. You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. We know that you’re probably going to do it anyway, but we wanted to let you know what Texas law provides regarding fireworks on the 4th of July.

Texas Fireworks Law | Are Sparklers Illegal Inside of City Limits?

While state law in Texas permits possessing and using fireworks, it’s important to note that where and when a person can possess them is still highly regulated. There are State laws that limit the use and display of fireworks but use is predominantly regulated by way of city ordinances.

Specifically, under state law, a person may not:

  1. Explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization;
  2. Sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed;
  3. Explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;
  4. Ignite or discharge fireworks in or from a motor vehicle;
  5. Place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;
  6. Conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator;
  7. Conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer; or
  8. Sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter.

Texas Occupations Code, Subchapter F, Sec. 2154.251

These violations are Class C Misdemeanors, which can be punishable by a fine up to $500.

Fireworks licensing violations are Class B Misdemeanors which can result in a jail term up to 180 days and a fine not to exceed $2,000.

Fireworks City Ordinances | Local Fireworks Rules in Fort Worth, Keller, and Southlake

In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. For example, Fort Worth, Texas has enacted an ordinance making the sale, discharge or possession of fireworks within the incorporated city limits a Class C misdemeanor punishable by up to a $2,000.00 fine. Similar ordinances exist in Keller and Southlake, and most other Texas cities.

Before your celebrations, it’s always best to review the above regulations under the Texas Occupations Code and check your local city ordinances online to ensure that you’re legally possessing, using and displaying fireworks.

Jun 11
1
Texas CBD Legal 2019

CBD Update: Texas Legislature Clarifies the CBD Issue

By | Drug Crimes

Gov. Greg Abbott has now signed House Bill 1325 into law, clarifying the legality of hemp-derived, low THC CBD products in Texas.

Texas CBD Legal 2019On June 10, 2019, Gov. Abbot signed HB 1325 which modified sections of the Texas Agriculture Code and sections of the Texas Health and Safety Code.

The first major modifications come by way of the Texas Agriculture Code. The code now defines and legalizes “hemp” and establishes a legal production plan for the regulation of hemp and hemp-based products.

The Definition of Hemp

“Hemp” is now defined in in Section 121.001 0f the Texas Agriculture code as

“the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.”

This definition is essentially the previous definition of marijuana under the Health and Safety Code but now isolates plants that contain less than .3% THC as being legal “hemp”.

By providing a clear definition of “Hemp” including plants or products that contain .3% THC or less, the legislature has resolved the issue that previously existed making the possession of any amount of THC regardless of it’s origin a felony level offense in Texas.

The Texas Agriculture Code has also been amended to establish a legal production plan for the regulation and sale of hemp and hemp-based products. The Code now establishes a licensing process for businesses looking to grow or sale hemp products.

New Rules for Peace Officers

The amendments to the Code also now give powers and duties to Peace Officers who come into contact with hemp regard to determining whether a plant or substance is marijuana or hemp. Under Sec. 122.358 of the Texas Agriculture Code, a peace officer may now inspect and collect a reasonable sized sample of any material from the plant Cannabis sativa L. found in a vehicle to determine the THC concentration of that material. Unless the officer has probable cause to believe the plant material is marijuana, the peace officer may not seize the plant material or arrest the person transporting the plant material. This would include hemp-derived CBD oil containing .3% THC.

In regards to the Health and Safety Code, HB 1325 has amended the code to exclude hemp (and more importantly the THC in hemp) as defined by Section 121.001 from the definition of a Controlled Substance. The bill also now specifically excludes hemp as defined by Section 121.001 (and the THC in hemp) from the definition of “Marijuana” in Section 481.002 (26) of the Health and Safety Code.

House bill 1325 has significantly clarified the previously confusing state of the law concerning CBD products in Texas. We advise those that are selling, buying or possessing CBD products to read the text of the bill for more details.

https://legiscan.com/TX/text/HB1325/id/2026154/Texas-2019-HB1325-Enrolled.html

Jun 04
7
Chest Pain Auto Accident Reasons

Reasons for Chest Pain After an Auto Accident

By | Car Wreck

Why Do I Have Chest Pain After an Auto Accident?

Chest Pain Auto Accident ReasonsCar accidents are common sights on Texas roads. Whether on busy highways or country backroads, accidents happen daily. Even though improvements in vehicle safety features continue to lower a driver’s risk of injury or death on roadways, the chances of completely avoiding an injury as a result of a collision are pretty slim. Most drivers will walk away with at least some bruising, small cuts and scrapes, or whiplash. These drivers would most likely consider themselves lucky to have avoided more serious injuries. Unfortunately, though these “minor” injuries are easily seen, they may not necessarily be the complete extent of a person’s injuries.

Should I Be Worried if I Experience Chest Pain After a Car Wreck?

Following an accident, a person may begin experiencing chest pain. If his external injuries were little more than some scrapes or bruises, he may be inclined to attribute the chest pain to the similar soft tissue pain that many experience in even low-speed accidents. This thinking could be very dangerous. Pain in your chest following an accident could indicate an injury to your ribs, your lungs, or even your heart. You should take every pain symptom seriously and get a full and thorough examination by a doctor to rule out any great chest injuries that could have occurred.

Common Causes of Chest Pain Following a Car Wreck

Having handled several hundred car accident cases, we have seen our share of chest injuries following a car crash. Some of the more common causes are:

  • Muscle Strains

  • Bruised Ribs or Broken Ribs

  • Internal Injuries (Heart and Lungs)

Chest Pain Injuries from Seatbelts and Airbags

The number of lives saved by seatbelts and airbags is undeniable. However, each year seatbelts and airbags are responsible for face, neck, and chest injuries. The impact to a chest from a sudden stop can break ribs and bruise delicate heart tissue. In the latter case, symptoms may not appear for weeks or months following an accident and can be incredibly painful when they do appear.

What to do if You Experience Chest Pain After an Auto Accident

If you are experiencing any chest pain following a car accident in Texas, it is extremely important that you seek medical attention quickly. Left untreated, chest pain can develop into more serious, sometimes life-threatening, conditions. If you or your loved one has suffered personal injuries due to a car wreck, please speak with an attorney. Our attorneys can help point you in the right direction to the best doctors that can help you with your pain and suffering. We do not charge a fee on injury cases unless we collect damages for you. Call us today at (817) 993-9249 or contact us online.