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? 

Hints on hiring a family law attorney in Texas

Here are a few hints on finding a decent and reputable family law attorney:



1. Check out websites like http://www.lawguru.com/ or http://www.avvo.com/ 



Attorneys answers questions for free so you can read their answers and get a "feel" for them before you call them.



Most family law attorneys offer payment plans. 



How much is a down payment?  This can vary dramatically.  Anywhere from $500 - rarely $100,000.



Some attorneys will let you make a down payment of $1,500 if the case is a "basic" case. 



If the case is complex or there is a hearing pending, then you should anticipate paying closer to $5,000. 



Why?  The attorney is going to need to do a lot of work to get ready for the hearing. 



(You expect to get paid for the work you do and so does your attorney.)

On the http://www.avvo.com/ website beware of their rating system -- many excellent attorneys have never "claimed" their profile so their rating might be low -- don't necessarily trust a high or low rating!

Should I hire a board certified attorney?



If money is an issue for you, you don't need to hire a board certified attorney -- their prices are much higher per hour than a non-board certified attorney Most board certified attorneys charge at least $400 per hour - so expect your legal bill to add up quickly.  If you hire a board certified attorney, expect your legal bill to easily run $20,000.  Some "high profile" attorneys charge a one-time fee just to accept your case!  And, these fees are non-refundable if you have a change of heart later!  Remember, if name dropping is important to you, then you are going to pay for this privilege.  FYI:  There are many excellent attorneys in Houston that are not written up in the press or are not known by the public.  These attorneys are just as respected by the Judges and their peers. 


What sort of experience should I look for in an attorney?



Try to hire an attorney that does at least 70% family law and has at least 5 years experience. I personally would prefer someone with at least 10 years experience, but try to avoid someone with less than 5 years experience -- they are too new!



You might want to call PATRICIA BUSHMAN at 713-807-9405.

She will go outside Harris County. She offers payment plans and accepts credit cards. Her deposits are reasonable.  I thinks she takes a common sense approach to practicing law.  She does only what is required.  She does not try to do a lot of extra work to charge extra money.  She represents both men and women.

She has represented men and has gotten men custody. 

She has handled several jury trials. 

She is not afraid to go to trial.

(Believe it or not, many attorneys will NOT go to trial & they will withdraw right before trial.)

I rent space in her office so tell her that I sent you to her!



2. You can read my blog. www.txfamilylaw4u.blogspot.com and read about my comments on family law. Of course, the TX legislature changes the law every 2 years so really old blogs might be somewhat out of date, but you can get an idea of Tx family law.



There are many attorneys that "blog". Of course, it's our opinions. So "filter" every attorney's comments and blogs!

3. Do your research. I always say that knowledge is power!  The TX Family Code is availabe on-line. There are many law libraries around the State of Texas.  Many are located inside small courthouses.  Be aware that they may NOT contain the most recent form books and/or up-to-date books.  However, they are free and open to the public.



The Houston Bar Association has an excellent basic, free brochure on their website called "family law".  It's approximately 50 pages - available in English, Spanish and Vietnamese.



The Office of the Texas Attorney General has a website that contains lot of information on family law for free.



You can go to my website at www.familylaw4u.com and look under "links" for some website links.



If you "google" family law or divorce law be sure to only look under TEXAS LAW.  Texas courts do not care what California law says!



What most people don't understand is that divorce law (also known as family law) is a states right issue.  Divorce law is regulated by the state and it varies from state to state. 



Therefore, a Texas attorney does not know what a Louisiana court will do!



4. You can go to your local courthouse and visit the courthouse. It's usually open to the public and you can usually visit the any courtroom. It's very educational and informative. 



If the baliff asks you what you are doing, tell him that you have a family member involved in a family law matter and that you are observing.  You must turn off your cell phone, not wear a hat, not chew gum, cannot wear a hat, etc.  You must dress appropriately and observe all court rules. 



While you are visiting the courthouse, pick up a copy of the local court rules.  Your relative will need to know the local county rules.  Also, does that court have their own court rules?  Each judge is allowed to set their own set of rules to follow.



Be sure to stand when the judge enters and leaves the bench!



5.  If an attorney PROMISES you anything, run.  No decent family law attorney can promise you that you will win custody, etc. 



6.  Ask your friends and family for a referral.  If your friend recently went through a divorce, ask him/her who the opposing attorney was in their case!  I received many referrals from an FBI agent who was the opposing party in a divorce I handled many years ago!  He thought I handled his difficult divorce in a respectful manner and he sent many people to me over the years! 



7.  If an attorney says that he/she has WON 100% of their cases, run!  No family law attorney ever actually WINS a case!  A family law attorney is dealing with the death of a family.  There are no "winners" in family law - except the attorney who is making money on this case! 



If an attorney "won custody" for a father who sexually abuses his children, would that be a "win" for those children? I don't think so. 



I've been on cases where there were issues of drug abuse and the attorneys worked together to protect the children.  This is what professionals do when for the "best interests of the children."



As a mediator, I'm often put in a horrible position of gently letting the party know that all outrageous promises their attorney told them at the beginning of the case will NOT happen. 



8.  Hire an attorney BEFORE you need one.  It's easier to pay for a consultation & receive peace of mind.  I'm an attorney and when I need legal advice in an area of the law that I'm not familiar with, I talk to an attorney that is knowledgeable in that area of the law. 



It's a lot like going to the dentist every 6 months for a dental cleaning, it's cheaper and easier to go every 6 months then to wait until it's a major dental emergency! 



Or, it's a lot like getting my oil changed every 3,000 miles rather than waiting until the engine blows up! 

Houston TX helpful numbers to know

Here are some helpful numbers for the Houston & Harris County Texas are:



Certified Public Accountant Referral

CPA's

http://www.houtoncpa.org/

713-622-7733



Chamber of Commerce

Greater Houston

http://www.houston.org/

713-844-3600



City of Houston Deed Restrictions

832-393-6333



Copies of State and Federal Laws

Austin, Texas

http://www.capitol.state.tx.tus/



Federal Public Defenders

http://www.fpdsdot.org/

713-718-4600



Greater Houston Fair Housing Center

for housing discrimination

713-641-3247



Houston Apartment Association

http://www.haaonline.org/

713-595-0300



Houston Association of Realtors

http://www.har.com/

713-629-1900



Landlord Dispute Hotline

City of Houston

sends inspectors to check out complaints with apartments

713-868-8461



Harris County Law Library

Downtown Houston

Open to the public

713-755-5183



Harris County Tax Assessor & Collector

713-368-2000