Disaster Remediation Contracts

The 82^nd Texas Legislature passed House Bill 1711 to regulate “Disaster Remediation Contracts” which became effective on September 1, 2011. House Bill 1711 is now Chapter 57 of the Texas Business & Commerce Code and regulates contracts for “the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of improvements to real property because of damage or destruction to that property caused by a natural disaster.”

A disaster declaration is made by the governor and a recent example would include the wildfires throughout Texas. Other examples would include hurricanes and tropical storms that devastated the Gulf Coast.

The new legislation requires a written contract that includes specific terms and disclosures. Failure to comply is a “Deceptive Trade Practice” under Chapter 17, Texas Business & Commerce Code and can result in a wide range of penalties.

There are a few exceptions to the applicability of the new legislation. Notably, the new statutory requirements do not apply to “local” contractors which are contractors that maintained a physical business address in the county in which the property is located or a county adjacent to the county in which the property is located for at least one year preceding the date of the contract.

If you are soliciting contracts in areas under a disaster declaration, you should review your contracts to ensure that the new required terms and disclosures are included.

Article by Sarah F. Berry, Attorney

HOA BOARD MEMBERS WITH FELONY CONVICTIONS SUBJECT TO OUSTER

Effective September 1, 2011, Directors of Texas Homeowners' Associations can be removed from the Board if there exists a paper trail showing them to be a convicted felon. This law -- which is incorporated into Chapter 209 of the Texas Property Code --is part of the broad HOA "reform" legislation adopted by the Texas Legislature in its most recent session.

The new law provides:

If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.

Notably, the new law doesn't prevent a felon from running for or even serving on an HOA Board. Moreover, there is no requirement of self-disclosure or any obligation for Board candidates to undergo background checks.

SOME HOAs SUBJECT TO TEXAS PUBLIC INFORMATION ACT

Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. A property owners' association is subject to Chapter 552 of the Texas Government Code in the same manner as a governmental body:

(1) if:
(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;
(B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and
(C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution;

or

(2) if the property owners' association:
(A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(ii) does not require membership in the corporation by the owners of the property within the defined area; and
(iii) was incorporated before January 1, 2006.

Notably, as of the 2010 census, only Harris County exceeded the threshold population of $2.8 million people

Texas Judge William Adams Investigated as YouTube Video Showing Man Beating Teen Girl With Belt Goes Viral

Aransas County Judge at Law William Adams is getting an international publicity boost today, but not in a good way, as a YouTube of a man beating a teenaged girl with a belt has gone viral - and media reports are that he's the man in the video.

Watch the video on YouTube here, but be prepared - this may be disturbing so think about it before you click the link:

YouTube Video Purported of Judge William Adams "Go get my belt...."

If you check the video out as it has been placed upon YouTube (downloaded on 10/27/2011), there is a description that relates the teenaged girl to be the judge's daughter, Hillary Adams.

Death Threats and a Criminal Investigation

KRIS-TV out of Corpus Christi is reporting that they contacted Miss Adams, and she confirmed the YouTube video as being something that she herself placed on the web, to spotlight what had happened to her.

KRIS-TV is also reporting that the Aransas County Courthouse is being swamped with folk calling to complain about the YouTube video and what they perceive to be the actions of a sitting Texas judge. Officials are reporting that there have been death threats against the Texas judge, and a criminal investigation has been opened.

Teenager Depicted in Video Has Been Disabled Since Birth

The YouTube video was accompanied by text (read it all at Above the Law) that states the teenager shown in the video suffers from a disability, having been born with ataxic cerebral palsy.

Ataxic cerebral palsy is a rare form of cerebral palsy that results in poor physical coordination, with victims suffering from shaky movement and problems doing things like walking or writing with a pen or pencil.

Growing Media Frenzy Over YouTube Video and Judge William Adams

The disturbing video is getting not only national media attention by also the international spotlight. This morning, the International Business Times reported that Judge Adams' phone had been disconnected (discovered, apparently, when they were trying to contact him).

Local media are hot on the story, as it breaks: KZTV has online updates, which includes a recent update where Judge William Adams speaks to their reporter about the YouTube video, confirming that he is the man that is shown in it.

Also in that story, Judge Adams relates that he's in touch with the Austin Judicial Review Board. Odds are high that he's gonna be in touch with a criminal defense attorney real soon, too.

Texas DPS Officers Indicted for Manhandling Hays County Jail Inmates

Texans, for the most part, know the Texas Department of Public Safety as the state agency that handles Amber Alerts, and as the agency that oversees drivers' licenses applications and renewals. DPS offices are all over the state, most folk have visited them at one time or another.

DPS is also known for its own branch of law enforcement, the DPS Troopers (the Texas Highway Patrol), and for being the state agency that hosts the famous Texas Rangers. Drive any Texas highway or farm to market road, and sooner or later you will pass a DPS Trooper sitting on the roadside with his radar checking for speeders.

Two DPS Troopers Indicted in San Marcos

It's rare to see DPS Troopers personally make the news, and it's interesting to see the media coverage this month down in San Marcos, Texas (midway between the capital city of Austin and San Antonio, on Interstate 35). Seems that two Department of Public Safety troopers, Charlie Potter and Santiago Montez, have been indicted there.

Potter and Montez were arrested on September 22, 2011, and are facing charges of "official oppression" for events surrounding their dealings with two inmates in the Hays County jail back in March 2011.

According to media reports, the indictments describe the incidents as the two DPS Troopers "intentionally mistreated or detained a man by pulling or grabbing him" back on March 11th. Little more is known right now on exactly what happened here.

What is official oppression?

Under the Texas Penal Code (see details below), official oppression is a Class A misdemeanor that each carry a fine of up to $4,000, a sentence of up to a year in jail, or both. It is a bad act by a law enforcement official in the State of Texas that is harmful but not as serious as felony acts that include excessive force, something that we blog about quite regularly, since it is unfortunately something that happens all too often in our state.

What happens next to the Texas DPS Troopers?

Right now, Potter and Montez remain on the Texas DPS payroll although they have been suspended from work and they are free, having made bond ($10,000 for each Trooper). They are scheduled to be arraigned on October 27, 2011. Will they serve time in jail? Let's watch and see what happens.

Texas Penal Code Section 39.03

Here is the language of the Texas law on which the two DPS Troopers have been indicted:

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

(d) An offense under this section is a Class A misdemeanor.

How does a divorce affect your life?

Our Lawyers have been helping thousands of families during a divorce. Because of this, we have been able to observe numerous families and children going through a divorce and we are able to comment on the effects of a divorce in people's lives.

We have observed that, during a divorce, many couples forget that they are divorcing each other, and never their children. This fact is imperative since your children will be yours unless you give up on them. Although in difficult to deal with a divorce, make it a point on never forgeting your children, even during the process.

Divorces are expensive. We have created a website for those who need to be divorce but cannot afford a lawyer; nevertheless, divorce cost, specially when the spouses are wanting to fight over everything. Remember that you are paying for the attorney's time, and not on a flat fee basis.

There is life after a divorce. Although during the time that people are going through the divorce, it appears as though no hope for the future is in store; the opposite is true. A new begining can happen after a divorce. We have noticed that most if not all of our clients, have received a better life after getting divorce.

Our San Antonio Lawyers have helped thousands of people during this difficult time and we will do the same for you. We do this because "we care about your legal needs!"

Texas Rangers Investigating Another Case of Police Brutality and Excessive Force

The news started trickling out over the Labor Day Weekend that the Texas Rangers had been contacted by the family of a South Texas man who was comatose in a Corpus Christi hospital, another victim of excessive force by law enforcement.  Sure enough, the Rangers are on the job, investigating the family's belief that their loved one, Martin Garcia Ortiz, had sustained his injuries in a vicious beating by a Texas law enforcement officer.

That's right:  another case of police brutality in Texas.  And another instance where either the FBI or the Texas Rangers has had to come into the area to find out the truth of things.  It's something that happens far too often here in Texas: law enforcement using excessive force against people - something that we report about regularly. 

What happened in this case of alleged police brutality?  

According to news reports, 48 year old Martin Ortiz had been at a local bar in Aransas Pass.  No worries about a DWI arrest here:  Mr. Ortiz left the bar on his bicycle, to ride his way home.  It wasn't far.  He had no weapon, unless you are afraid of bicycles. 

Things took a bad turn around midnight on August 10th.  Seems Mr. Ortiz, there on the roadside on his bicycle, was stopped by an Aransas Pass police officer  -- and according to family members, the cop pushed Ortiz off the bike only to then beat Ortiz after the man was laying on the ground beside (some reports say underneath) the bicycle.

The Texas Rangers have reported that their investigation reveals three police cars zipped to the scene (that must have been a very scary bicycle) and that some of these officers are now witnesses to the incident.  They also report that Ortiz was purportedly stopped because he was weaving as he rode the bike, and his bike didn't have a headlight. 

Guess what?  All this may be on video.  Seems that Aransas Pass police cars are equipped with dash cams, so sooner or later, some member of the press is going to get ahold of those videos and we'll all see what happened.

Right now, we know that Martin Ortiz lies, seriously injured, in Corpus Christi's Christus Spohn Hospital where he spent ten days on life support in a coma before starting to come out of it.  It's not known at this time whether or not he will suffer permanent harm from this attack -- like traumatic brain injuries or spinal injuries.

The Texas Rangers are asking anyone who may have information about what happened to Martin Ortiz to come forward, and if you have any information about the Martin Ortiz case, you can call the Texas Rangers directly at 361-364-6239 or 512- 424-2160.