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Texas laws research primer

Stephanie Dwilson, J.D.  

· 41 minute read

Stephanie Dwilson, J.D.  

· 41 minute read

Overview and resources such as templates, state comparisons, and practice notes for legal professionals

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Texas laws are complex and ever changing, just like the Lone Star State. The Texas Constitution itself has been amended more than 500 times since it took effect in 1876. The state’s laws are also subject to change, with roughly 800 measures introduced in 2023 alone.

The differences don’t end at laws and regulations. Texas lawyers, for example, know that when practicing in Texas, it’s a custom to purposefully mispronounce voir dire as “voy dire,” ignoring the proper French pronunciation.

The content in this guide provides an overview of Texas laws, along with a comprehensive resource on where attorneys can perform their research.

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Texas laws compared to other states


Texas Constitution


Texas statutes & regulations


Texas case law


Local Texas laws


Texas court rules and records


Updates on new Texas laws


Templates, practice notes, and more resources

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Texas laws compared to other states

The Texas Supreme Court, Texas Court of Criminal Appeals, and 15 Texas Courts of Appeals interpret state law, along with four federal district courts whose decisions can also impact the state.

Here are just a few examples of how Texas law can differ from other states.

  • Medical tort reform: In 2004, Texas enacted medical tort reform capping non-economic medical malpractice damages at $250,000.
  • Community property: Texas is one of nine community property states.
  • Verbally binding: Verbal agreements are often legally binding in Texas.
  • Patent trolls: Texas has a long history of attracting patent litigation.
  • Death penalty: Texas is one of 27 states with the death penalty.

To easily compare Texas laws and requirements on key topics across states or jurisdictions, see Practical Law’s Quick Compare tool.

 

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Texas Constitution

The full Texas Constitution can be downloaded and is searchable by keyword or phrase on the Texas state website. You may also browse the free index provided by the state below.

PREAMBLE

Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.

ARTICLE 1. BILL OF RIGHTS

ARTICLE 2. THE POWERS OF GOVERNMENT

ARTICLE 3. LEGISLATIVE DEPARTMENT

ARTICLE 4. EXECUTIVE DEPARTMENT

ARTICLE 5. JUDICIAL DEPARTMENT

ARTICLE 6. SUFFRAGE

ARTICLE 7. EDUCATION

ARTICLE 8. TAXATION AND REVENUE

ARTICLE 9. COUNTIES

ARTICLE 10. RAILROADS

ARTICLE 11. MUNICIPAL CORPORATIONS

ARTICLE 12. PRIVATE CORPORATIONS

ARTICLE 13. SPANISH AND MEXICAN LAND TITLES (Repealed Aug. 5, 1969.)

ARTICLE 14. PUBLIC LANDS AND LAND OFFICE

ARTICLE 15. IMPEACHMENT

ARTICLE 16. GENERAL PROVISIONS

ARTICLE 17. MODE OF AMENDING THE CONSTITUTION OF THIS STATE

APPENDIX. Notes on Temporary Provisions for Adopted Amendments

Texas statutes and regulations

Texas statutes and regulations include civil, criminal, and administrative laws. You can browse all Texas statutes or search for Texas legislation via bill numbers or words/phrases.

Below are some legal categories of interest.

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1. Administrative & public law


2. Alcohol law


3. Animal law


4. Employment, labor, and business law


5. Environmental law


6. Family and child protection law


7. Health & insurance law


8. Immigration law


9. Intellectual property & patent law


10. LGBTQ+ law


11. Penal & criminal code


12. Personal injury law


13. Public utility law

 

1. Administrative & public law

The full Texas Administrative Code is available on the Office of the Secretary of State’s website. The Secretary of State also offers an easy way to search the Administrative Code.

Some acts and codes relevant to administrative law include:

2. Alcohol law

The Texas Alcoholic Beverage Code encompasses all major alcohol regulations.

Alcohol laws may vary by city and county. For example, local elections can decide the types of alcoholic beverages that can be sold in communities. As of December 2023, four counties in Texas were completely dry.

Fore more information on alcohol laws, you can start with the Texas Alcoholic Beverage Commission’s (TABC) laws and regulations page, which covers the code and rules, marketing guidelines, underage laws and sign requirements. The TABC also has a legislative updates page that highlights recent changes to the law.

3. Animal law

You can find key animal law statutes in Texas at the Texas State Law Library webpage, including laws regarding pets, service animals, backyard animals, livestock, hunting and fishing, rodeos and racing, and wild animals. The Animal Law Section of the Texas State Bar hosts an annual institute highlighting important facets of the law.

4. Employment, labor, and business law

Texas is a right-to-work and at-will employment state. This means that either the employer or employee can terminate the working relationship at any time, with or without cause, and with or without notice. However, there are exceptions. For example, you cannot discriminate based on race, color, religion, sex, national origin, disability, age, and genetic information.

Some helpful resources on employment and business law include:

5. Environmental law

Texas Environmental Law Section offers a list of legal resources, including relevant agencies and laws.

6. Family and child protection law

Texas is one of only nine community property states where property acquired during a marriage is equally owned by both spouses (with a few exceptions.)

Some helpful family and child protection law resources include:

7. Health & insurance law

Useful resources include:

8. Immigration law

Texas immigration law is the subject of much legal interest in this border state. Start your research at Texas State Law Library’s Immigration Law and the Immigration and Nationality Law Section of the Texas State Bar.

However, certain aspects of immigration law remain unsettled. For example, in 2023 Senate Bill 4 was passed (taking effect in 2024). It created Penal Code Chapter 51, “Illegal Entry Into This State.” The law is on hold due to legal challenges.

9. Intellectual property & patent law

Intellectual property has a unique and storied history in Texas. The Eastern District of Texas once saw 40% of nationwide patent cases. For decades it was known as a haven for so-called “patent trolls” because of its speedy trials and juries’ history of awarding big judgments.

A 2017 U.S. Supreme Court decision TC Heartland LLC v. Kraft Foods Group determined patent plaintiffs could only sue in a district where accused acts were committed or the defendant resided. After this, patent lawsuits began increasing in West Texas, with 800 cases filed in 2022, mostly before one judge. A year-end report from U.S. Supreme Court Chief Justice John Roberts prompted the Western District to diversify judges.

10. LGBTQ+ law

An extensive list of case law and materials are available at the Texas Bar’s LGBTQ+ Law Section.

11. Penal & criminal code

Two helpful resources to start your research include:

12. Personal injury law

Texas enacted tort reform in 2004 via House Bill 4 or the Medical Malpractice and Tort Reform Act of 2003.

This capped damages that medical malpractice victims could receive at $250,000 for non-economic damages like pain and suffering. Economic damages (such as lost wages and medical expenses) were not capped.

13. Public utility law

Texas is the only state in the continental United States not substantially connected to a U.S. power grid. Instead, the Electric Reliability Council of Texas (ERCOT) manages the state’s grid infrastructure, servicing nearly 90% of the population.

Resources related to public utility law include:

Other research sources include:

  • Texas State Law Library: The Texas State Law Library offers legal research guides about relevant law topics, ranging from abandoned property to immigration law, probate law, eminent domain, and more. They also offer a Law & Legislation page with an index of links to Texas statutes, attorney general opinions, and even building codes.
  • State law resources: Thomson Reuters Practical Law provides state law resources for a variety of practice areas, along with Texas practice notes.

Texas case law

Case law research tools are a vital part of any lawyer’s research. Free resources for researching Texas case law include:

  • Texas Courts Online: Here you can find recent case documents and opinions from the Texas Court of Criminal Appeals, Supreme Court, and other Texas courts.
  • Court Listener: This is a free legal research website, run by a nonprofit, where you can search court cases and legal opinions by case name, topic or citation. You can limit your search to Texas state cases or Fifth Circuit cases only.
  • PACER: PACER (Public Access to Court Electronic Records) allows you to search federal court records. Accessing documents costs 10 cents per page.
  • Texas Law Library: If you’re a resident of Texas, you can apply for a free library account and get access to select remote library databases
  • Google Scholar: Select the case law option to search opinions via keywords, jurisdiction, and more.
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Local Texas laws

These resources can help you research local municipality and county codes.

  • CodeLaw: Contains links with a dropdown menu of ordinances for select municipalities, and notes how recently the menu was updated.
  • General Code: Allows you to search for municipalities on a U.S. map. Clicking on the municipality will bring up an extensive dropdown menu of local ordinances and codes.
  • Municode: Another resource with an extensive list of Texas municipalities. Clicking on the link brings up a dropdown menu of ordinances, and notes when the details were last updated.

Texas court rules and records

You can research the most recent statewide and local rules and standards. Topics of interest include but are not limited to:

Local Texas courts are required to publish their rules, forms, and standing orders online. To search them, visit the search page at Texas Online Public Information – Courts (TOPICs). Here you can search by document type, title, county, court type or court group. Or to see all the documents for a specific court, you can utilize the Search by Court option. The homepage for TOPICs also allows you to search for bail forms, citation and notice records, and protective order records.

Updates on new Texas laws

Texas’ Constitution and Statutes index contains the newest version of state laws, with a notation on when the webpage was last updated.

 

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In Texas, most new state laws originate from regular legislative sessions that take place in odd-numbered years, although additional legislation may be passed via special sessions. Texas.gov also offers an index of legislative sessions.

Additional resources for staying updated on new Texas laws include:

More resources

Below is a small sampling of the comprehensive resources maintained by our attorney-editors.

 

 

For instance, find practice notes to jumpstart your research organized by practice areas such as:

  • Commercial Transactions
  • Corporate and M&A
  • Labor & Employment
  • Litigation
  • Real Estate
  • Trusts & Estates

 

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Thomson Reuters is not a law firm and an attorney-client relationship is not formed through your use of this website. You should consult with qualified legal counsel before acting on any content found on this website. Contact an attorney in Texas.

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