TPW Commission Approves Devils River Land Acquisition

AUSTIN – The Texas Parks and Wildlife Commission Monday authorized the acquisition of nearly 18,000 acres of biologically diverse and culturally significant land in Val Verde County with 10 miles of frontage along the pristine Devil’s River by leveraging $4 million in public dollars with more than $10 million in private donations.

“What an exciting Christmas gift for the State of Texas,” Commission chair Peter Holt said moments after the commission voted unanimously to authorize Texas Parks and Wildlife Department Executive Director Carter Smith to formally close the purchase of the Devils River Ranch later this week.

The ranch, which adjoins the 67,000-acre Amistad National Recreation Area, has been appraised at $15,875,000 but the owner agreed to sell the property to TPWD for $13 million as well as donating several hundred thousand dollars worth of ranch equipment and furnishings to the state.

TPWD will use $10.1 million in private donations, $2.7 million in state funds allocated for park land acquisition and $1.3 million in federal Land and Water Conservation Fund dollars to acquire the property. The donations also will cover operating expenses for two-and-a-half years as well as development of a master plan for joint public use of the ranch and the Devils River State Natural Area, 12.7 miles upstream.

A proposal to exchange the 20,000-acre state natural area for the Devils River Ranch was pulled from the Nov. 4 commission agenda after TPWD heard extensive public input. At the time, the commission directed TPWD staff to continue exploring options to acquire new land along the river while keeping the existing state natural area and working toward achieving a balance between recreational use of the land and protection of the wild stream’s sensitive resources.

“The Devil’s River Ranch is a stunning piece of property with incredible potential,” said Commissioner Dan Hughes, who after visiting the site led the fund-raising effort along with agency director Smith. “This land is a treasure for all generations to come.”

At Monday’s meeting, of 13 persons who testified before the commission, all said they favored the Devils River Ranch purchase. Of 24 written comments received from the public by TPWD, 20 supported the purchase.

“The public input process has worked the way it should – we’ve heard from Texans across the state and have been responsive to that input,” Holt said. “One of the things we’ll be doing in response to that input is putting together a working group to develop a long term plan for the protection of the river and for ongoing operation of the two units of the Devils River State Natural Area.”

Holt said the working group will include landowners, paddlers, businesses, non-profit partners and others who will seek solutions to address the recreational interests of Devils River users as well as the property rights of adjacent landowners.

“We anticipate that it will take two-and-a-half years to complete the master plan for the operation of the two units of the Devils River State Natural Area,” said Smith. “While that is taking place, public access to the current Devils River SNA will remain open. In the meantime, we’ll also be stepping up law enforcement patrols by Texas game wardens all along the river.”

Commissioners Monday also approved acquisition of about 14 acres of private land just north of the Texas Freshwater Fisheries Center in Athens. The tract will be used to build a small reservoir to provide water for fish hatchery ponds.

Homes at Risk, and No Help From Lawyers

In California, where foreclosures are more abundant than in any other state, homeowners trying to win a loan modification have always had a tough time. Now they face yet another obstacle: hiring a lawyer.

To protect homeowners seeking loan modifications, California banned payment to lawyers before the work was done. Now lawyers say they cannot afford to help.

Read the full New York Times story here.

Court Enters Take Nothing Judgment in Former Tenants' Security Deposit Lawsuit

Following a bench trial, a Bexar County Judge entered a Take Nothing Judgment in a lawsuit filed against D'Ann Harper Property Management Corporation by the former tenants of a managed property in San Antonio, Texas. Trey Wilson represented the Defendant in the suit.

The tenants filed their suit when -- after vacating the property -- the property manager withheld a portion of the security deposit to pay for damage to a door frame. The damage occurred during the term of the lease, but the Tenants demanded that the landlord make and pay for the repairs. Citing a provision in the standard TREC lease form that requires tenants to pay for all repairs to doors, windows and screens, the landlord refused. Thereafter, the tenants vacated and filed suit claiming that their security deposit was wrongfully withheld.

After considering the lease, the Tenants' testimony and various other exhibits admitted into evidence, the Court granted a verdict in favor of the property management company, and denied all of the Tenants' claims.

How do I answer a pro se litigant that wants to prepare discovery in his/her divorce.

I strongly encourage you to hire an attorney. What you are trying to do is just not easy!

The Harris County Law Library is available to the public.  The law schools also have law libraries.  I don't know if they are available to the public.  You would have to call and see if they would let you use them.



You can go to any law library and look for books that contain information on preparing discovery.  Please only read about "discovery" in the State of Texas.  Please don't read about discovery in federal court.  Divorce is a state issue.  There are many books. There is a set of books called the TX FAMILY PRACTICE MANUAL that family law attorneys use.  You will immediately notice that discovery is not easy.  There is not a form that you can just download and print out -- no such thing exists.



You will quickly determine that attorneys really to "practice" law.  They "craft" documents.  There is not one document out there that every attorney uses.  There are master forms.  But for each divorce an attorney must develop the discovery for that particular case.  It requires thought and strategy.  This is what an attorney gets paid for! 



This is why I recommend that people hire an experienced family law attorney.  When an attorney gets out of law school they know the law but they don't know how to practice law!  They have to learn how to apply what they have learned. 



There are the Texas Rules of Evidence plus Harris County local rules of court. 



For example, when you issue interrogatories, you can only issue a certain number of them.  Why? Because you cannot overwhelm the other side.  If necessary, you can issue more than one set of interrogatories.  Again, you must follow all of the applicable rules.  (All of this is confusing to attorneys too!)



Many years ago, we were required to send a copy of everything to the court's file.  The court's got tired of their files getting so thick and heavy.  Now you no longer have to send them a copy of everything.

If you violate these rules, bad things can happen to you, such as, the judge strike your pleadings (and that is very, very serious) or order you to pay your spouse's attorney fees.  If you don't understand what "striking" your pleadings means, that means you really need an attorney.

Even though it is a remote possibility, you could be looking at contempt by the court, that includes monetary fines and/or jail time.  Yes, it can happen! 


I don't try to do my own dental work and I don't do my own plumbing work, I hire someone that knows what they are doing. A plumber once told me that he "loved" guys who tried to fix their own plumbing and the made a lot of money off the "do it yourself" guys, he charged them 3x a much because they made a huge mess!  He admditted the handy men kept him in business! 



Remember, if you make a mess then you are going to have to pay a lot more in legal fees to an experienced attorney to  "fix the mess" you are creating.  Plus, you might make a bad impression on the Judge and that is not a good idea!



Please don't buy anything at an office supply store, sold on the radio, t.v. or internet by a company outside of the State of Texas!  There kits were not designed by a Texas attorney.  They do not comply with Texas laws.



Plus, please do not call 411 and ask for "legal aide".  That company is a for profit company that has a horrible BBB rating.  The man changes his name every few months and has lots of unpaid claims against him.  It's a total rip-off.

If you need a referral, call or email me at fran@familylaw4u.com.

Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend

Hudspeth County, Texas, is located on the Texas - Mexico border, and for several years now, Arvin West has been the local sheriff there.  Lots of folk are getting to know Texas Sheriff West this week - maybe you already recognize his name. 

After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving.  Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana. 

Nelson was booked - the mugshot is a popular online item this week.  Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin.  If convicted, Willie Nelson faces a possible two years incarceration in a state facility. 

Who is Sheriff West anyway?

Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives.  It's got a title:  "Armed and Dangerous: Confronting the Problem of Border Incursions."  

Sheriff Arvin West also regularly appears on the national news shows.  You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles.  Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."

Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck).  According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department. 

So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving. 

Willie Nelson Starts the "Teapot Party"

However, Willie Nelson may have an agenda of his own.  Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue. 

If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot.  But that would just be fiction, right?