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Thursday, 09 May 2013 10:17

The Meaning of Texas Traffic and Other So-Called Violations Against Non-Commercial Activity Being Unconstitutional

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THE MEANING OF TEXAS TRAFFIC & OTHER SO-CALLED VIOLATIONS AGAINST NON-COMMERCIAL ACTIVITY BEING UNCONSTITUTIONAL

BOOK # 777-A3 (2013)

INFORMATION COLLECTED

  1. San Jacinto Constitutional Study Group   TOO MUCH TO LEARN EASY REFERENCE

DEALING WITH TRAFFIC & OTHER SO-CALLED VIOLATIONS

This was created for reference only. It was never intended as legal advice or to replace legal advice.  It is recommended to seek a competent attorney (good luck with that) and show this information to him/her and let him/her show you where the information is wrong, before using any of it.  It is recommended that all information found in this Easy Reference should be verified by the user, before using any of it or believing in any of its contents.

BUYER BEWARE - This was intended to be given freely other than copying cost.

THIS REFERENCE MAY SHOW YOU THAT YOUR GRANDPARENTS TAUGHT YOUR PARENTS WRONG, AND IN TURN, YOUR PARENTS TAUGHT YOU WRONG, WHICH MADE YOU TEACH YOUR CHILDREN WRONG ABOUT TRAFFIC AND OTHER LAWS.

IF YOU ARE THE POSTERITY OF THE PEOPLE WHO CREATED THIS GOVERNMENT, THEN YOU ARE NOW THE KING OR QUEEN WHICH CREATED THIS GOVERNMENT. WHY WOULD THE KING OR QUEEN ALLOW A PUBLIC SERVANT TO MAKE A LAW THAT WOULD PUT THE KING OR QUEEN IN JAIL?

MAYBE THEY REALLY HAVEN’T. MAYBE WE ALLOW OURSELVES TO BE PUT IN JAIL BY CONSENT, OR THEY DO IT ONLY BECAUSE THEY HAVE THE GUNS. {“Rule of 45”}

WHEN WAS THE LAST TIME YOU ASKED A PUBLIC SERVANT TO SHOW YOU THE LAW THAT YOU HAD VIOLATED?  DID YOU GO LOOK IT UP?  DID YOU SEE HOW THE LAW WAS PASSED?  DID YOU FIND WHERE IN THE CONSTITUTION ALLOWED THAT PUBIC SERVANT TO PASS THAT LAW AGAINST YOU?

WOULD IT MAKE YOU MAD IF THAT LAW HAD NOTHING TO DO WITH YOU, BUT SOME LAWYER SAID IT DID AND MADE YOU PAY A FINE THAT YOU DIDN’T OWE?

HOW MANY SPEEDING TICKETS HAVE YOU PAID, WHERE YOU WERE  BEING REASONABLE & PRUDENT, BUT JUST HAPPENED TO BE GOING FASTER THAN SOME SIGN?

OH, I KNOW WHAT YOU’RE THINKING !! THERE HAS TO BE A LAW TO REGULATE OUR INDISCRETIONS AND, THE GOVERNMENT KNOWS WHATS BEST FOR US!!!

BUT, DO YOU REALLY THINK THE GOVERNMENT HAS THE AUTHORITY TO MAKE A LAW TO MAKE YOU AND YOUR NEIGHBOR TO GET OUT OF YOUR HOUSE EACH MORNING AND DO JUMPING JACKS IN YOUR FRONT YARD?    NO?

THEN WHY DO YOU THINK THEY HAVE THE AUTHORITY TO MAKE YOU JUMP DOING OTHER ACTIVITES THAT HARM NO ONE?

YOU’VE GOT TIME TO KEEP YOUR BLINDERS ON; STOP; DON’T TURN THE PAGE !

NOW YOU DONE IT.

WELCOME TO BAZARRO WORLD OF REALITY

TABLE OF CONTENTS [Transportation Code]   PAGE FIRST THINGS FIRST (KISS) ..................................................................... 1 DRIVER LICENSE ........................................................................................ 4 TEXAS DRIVERS LICENSE ACT .............................................................. 7  More-Recent History (courts said no drivers license) ..................... 9  Updating the Transportation Code very carefully .......................... 10  Special drivers/ licenses for illegal Mexicans, et al. ......................... 13 OPERATING ................................................................................................... 14 SPEEDING    [Signs, Section 201.904] ................. 15 STOPPING ...................................................................................................... 15  Stop Signs, Stop Lights, Speeding Cameras, Red-Light Cameras ..... 15  Failure to Stop, Rolling Stop, Incomplete Stop ................................ 16 SAFETY INSPECTION – VEHICLE ........................................................... 16 REGISTRATION – VEHICLE ...................................................................... 18 SEAT BELTS    [Section 545.413] ............................. 20  Click It Or Ticket (or Not?)   FINANCIAL RESPONSIBILITY .................................................................. 21 “Texas Sure” Vehicle Insurance Verification (tying up the loose peasants) 22 CERTIFICATE OF TITLE  [Chapter 501] ................................... 22 FAILURE TO IDENTIFY ............................................................................... 23 ARRESTED ...................................................................................................... 24 FAILURE TO APPEAR .................................................................................. 27 SPECIAL APPEARANCE .............................................................................. 27 INDICTMENTS AND INFORMATIONS ..................................................... 28 COMPLAINTS ................................................................................................. 31 PERSON ............................................................................................................ 33 JURISDICTION ............................................................................................... 33 Jurisdiction in Texas Criminal Code Of Procedure ......................... 34 Jurisdiction in Texas ............................................................................ 39 DUE PROCESS ................................................................................................. 40 BEFORE ARRAIGNMENT ............................................................................ 42 ARRAIGNMENT .............................................................................................. 42 PRE-TRIAL ....................................................................................................... 43 TRIAL  ............................................................................................................... 44 MOTIONS (notice of location and Table of Contents for all Motions)  ....... 44  See also Appendix B ............................................................................. 127 AFFIDAVITS ..................................................................................................... 44 CERTIFICATE OF SERVICE ........................................................................ 45 ORDER ............................................................................................................... 46 BILL OF DISCOVERY .................................................................................... 47 ACCUAL DISCOVERY ................................................................................... 50 BILL OF PARTICULARS ............................................................................... 51, 53 NOTICES ........................................................................................................... 55  Appendix A, Fig. 1 (Constructive Notice) .................................... 57  Appendix A, Fig, 2 (2nd Constructive Notice…) .......................... 60   TABLE OF CONTENTS (Continued) PAGE

JUDGES .............................................................................................................. 62 PROSECUTORS ............................................................................................... 63 CLERKS ............................................................................................................ 65 OATHS .............................................................................................................. 67 PUBLIC INFORMATION ACT ..................................................................... 69 OPEN MEETINGS ACT ................................................................................. 74 OBJECTIONS ................................................................................................... 76 FINDINGS OF FACTS AND CONCLUSIONS OF LAW ............................ 76 VENUE ............................................................................................................... 78 UNITED STATES DISTRICT COURT ......................................................... 78 APPEALS – FEDERAL ................................................................................... 79 STATE COURTS – All ...................................................................................... 80 APPEALS – STATE .......................................................................................... 81 APPEALS CHECK OFF LIST ........................................................................ 82 MUNICIPAL COURT  ...................................................................................... 86 JUSTICE OF THE PEACE .............................................................................. 86 COUNTY COURTS ........................................................................................... 87 STATE DISTRICT COURTS ........................................................................... 88 TEXAS SUPREME COURT ............................................................................. 88 MANDAMUS ...................................................................................................... 89 TEXAS ETHICS COMMITTEE ...................................................................... 90  Filing a Complaint on a Texas Judge .................................................. 90 CONTEMPT ...................................................................................................... 96 BARRATRY ...................................................................................................... 96 DAMAGES ........................................................................................................ 98 REDEMPTION ................................................................................................. 99 CASE CITES ..................................................................................................... 100 U.S. CONSTITUTION  ..................................................................................... 110 TEXAS CONSTITUTION ............................................................................... 113 UNITED STATES CODE (ass’t’d Titles—see INDEX) ..................... 118 LETTER TO DPS ............................................................................................. 134 DEFINITIONS  (a glossary) .................................................... 138 BADGES ............................................................................................................ 143 COMMENTS ..................................................................................................... 143 INDEX  ............................................................................................................... 144  Appendix B (modern Motions list) ........................................................... 127

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FIRST THINGS FIRST KISS - Keep It Simple Stupid

We Learn For Our Children’s Sake

It is Our Job To Protect Them and To Teach Them To Protect Themselves

You have to look at the knowledge that you are about to absorb as the same type of knowledge that you have absorbed over the years that keep you and your family safe every day. Do you know how to use a fire extinguisher? This is very important thing to know even though hopefully you may not ever use the knowledge. There is no wasted knowledge, because you never know what or who may be saved by the knowledge you have acquired.

If you are one of these people that must watch a certain soap opera and it comes on a certain time of the day, invest in a DVR that can record your must see shows where you will have no excuse to learn. You see, recording a program where you can fast forward the commercials, before long you have saved that hour you can use studying this information. See, you have no excuse. You do have the time to learn and the time to create the paperwork to make the public servants jump and realize that you are not cost effective to mess with. Isn’t this what we all want, just to be left alone?

This is not about saving time and money. Like going to a college you may not ever use the knowledge you were force fed, but if that door opens, you will be glad that the knowledge was available and you took advantage of it when the opportunity arose.

You must continually study to update your knowledge of legal matters. This book is just a reference to that knowledge you will absorb. You must go to court and watch the judges and the attorneys and see how they interact with each other. It is not like you see on TV. You may find court hearing on the Internet, where you can watch at home, but there is nothing like being there in person, to see the railroad going down the track. After a while you will be able to talk to attorneys after the hearing and ask him/her why they didn’t do this or that for their client. You will see firsthand that finding a competent attorney is like looking for the Holy Grail. It may take some time. You must learn why the attorneys and judges do what they do. Read the rules.  Telling someone how to do some certain thing and not being in or had been in that situation, is like:  making a map to a certain place, having never been there yourself.  You may make some mistakes, which may keep them from getting to their destination.  Try to find someone that’s been there and done that and ask questions.  

Stop the Rumor. It is your responsibility to confirm the information that you are relying on. If you believe a liar and will not take the time to confirm the information is true and reliable, you have no one but yourself to blame.

Try to anticipate what the outcome will be if you do a certain thing, in a certain way. Think before you act. The rules will tell you the deadline to do a certain thing, if you read them. You must read the rules that the courts have to go by. You cannot expect anyone to listen to you if you are using rules for baseball, when you are in a football game. Ask for the local rules of court from the court clerk. The Texas website: http://www.statutes.legis.state.tx.us/ will allow you to down load the criminal procedure and the website: http://www.statutes.legis.state.tx.us/  will allow you to download the civil rules that you need.

The City Attorney must have the delegated authority from the County or District Attorney or other authority to represent the State as a prosecutor.  Ask for it. – Per Rule 12 of the Texas Rules of Court.

Learn to ask effective questions - If you cannot answer my questions, who can?  Who is your supervisor?  What department are you in?

  1. Learn how to read for understanding. 2. Understand that there is a chain of command. 3. Everyone in that chain of command has a certain Duty. 4. Understand what those duties are and sue for what they did not do and not for what they did. 5. Write letters for information, if they do not answer, use the UCC. 6. Write a Notice per the UCC-1-201.25, .26 & .27. Look it up.

States and Cities get their rights from Charters, not the Constitution.

Always answer a question with another Question:  isn't it?, doesn't it ?

Always ask pertinent questions like: When was Officer SOinSO dispatched, what are their official duties, what are his duties, who dispatched him, when was he dispatched, who is his superior, what are his duties, by what authority was he ordered to that act?  Can you send me the employment status of Officer SOinSO, can you send me a copy of the order directing the officer to do this act, etc. ...

Always state facts in the extreme mode - example:  Instead of, “The Officer asked for me to remove my clothes” - The same fact: " The Officer removed my clothes."  If this is denied, then it establishes that if something was not done in this manner, then something must have been done in some other manner—but was it lawful?  Make them transverse the issue.

A judge cannot be sued by what he does in his Judicial Capacity, but you can sue by what he does not do Administratively — like making sure your rights were not violated. You will always look in the rules (as rules change all the time) where the judge and his staff “shall” do this and that.  If you don't know what they are supposed to do, how can you sue them for what they don't do?

Remember you are suing for what they didn't do, not for what they did.  You sue for - Omission to secure to the party injured, the Bill of Rights, - failure to perform a legal obligation, or to do or refrain from performance of some act.

Local Rules of Court is a good starting point. You can get a copy from the court clerk, or find it on the Internet. Local Rules will show what the judge needs to do, what his/her staff is supposed to do, and what you obligations are that the judge expects you to get done in a certain time.

The Government has the obligation to secure rights to the injured party as enumerated in the Constitution or specified in Article 9 of the Bill of Rights.  If they don't, they have violated their Fiduciary Duty and can be sued for what they didn’t do.

The only way you can bring in violations of your Civil Rights in a Tort Claim, is not by stating Title 42 in your statement, but just the reasonable expectations of your Civil Rights—like ‘to feel secure in my home.’  You want to imply, but not say directly, your rights have been violated.

Precedence:  City and Justice of the Peace Courts has to go by what the Texas Constitution says and what the County Courts say, what the State District Courts say, what the Texas Appellate Courts say, what the Texas Supreme Court and the Texas Criminal Court of Appeals say and what the Federal Courts say and what the United States Supreme Court say. The County Courts has to go by the Texas Constitution and what the State District Courts say, what the Texas Appellate Courts say, what the Texas Supreme Court and the Texas Criminal Court of Appeals say and what the Federal Courts say and what the United States Supreme Court say; and what the Federal Courts say. The State District Courts has to go by the Texas Constitution, what the Texas Appellate Courts say, what the Texas Supreme Court and the Texas Criminal Court of Appeals say and what the Federal Courts say and what the United States Supreme Court say.

Reference all documented statements with exhibits proving each conclusive point.

Very Important – There must be a foundation of all exhibits that you intend to use to prove your case. An affidavit is the easiest source that can be done to provide a foundation to each and every piece of evidence that you intend to use. You must establish how and when you came to obtain the evidence that you intend to submit in open court. If there is an objection to your evidence and the judge sustains the object, you must ask the jury to be excused to make an offer of proof in open court, so that the record will show the exhibit was denied to be shown to the jury so that the appellate court can review it. Affidavits must be rebutted by affidavit or Affidavits can be rebutted, by a motion to strike, if the affiant will not be available to be cross-examined about the affidavit in open court.

An example: “Plaintiff’s/Defendant’s Exhibit ? is a true and correct copy of a letter I received at my home by the United States Postal Service in February, 2012 purporting to be from Blank Rome LLP law firm claiming to represent Bank of America and responding to a letter I sent back in May, 2011.”

Today you can use express mail, priority mail or other means that the envelope can be tracked to the delivery point. Many like to use Certified Mail Green Cards as Exhibits showing delivery of documents that were not responded to, but a printout of the tracking record of the mailing can be used as Exhibits as well. Always be able to prove that an envelope was delivered to its designation purporting to contain the information that was sent.

Remember not to put Your Personal Feelings into any documents, which are sent to the Respondent.  Keep it Business-Like.

Re -Read your pleading documents and take out or rephrase any items in which you have put Your Personal Feelings.  Have a relative review the grammar, they may see something that you missed. Keep to the Facts ONLY. Learn what material facts are.

TORT SUIT Has to Have: Parties and Captions Opening Statement - factual statement, less than one page. Jurisdictional Statement - Federal - Title 28  -or-  State - Texas Constitution Article 5 Section 8 Venue Statement - Where it happened, City & County Statement of Facts - Separate Statements - Numbered. - How you have been Damaged Cause of Action - Numbered - How that you arrived that you were damaged. - Numbered Damages - Actual, Expenses, Compensatory and Exemplary or Punitive - Numbered Declaratory Judgment - state everything that is a Right to you and a Duty of the judge to do. - Numbered Any other  - Judgment that the Court deems necessary to Order.

When you send out a notice, you should specify in (Hours) as well as days to respond, from the time they receive it (which will include weekends and holidays in their response time).  Normal time to respond is 30 days (720 hours), then 20 days (480 hours), then 10 days (240 hours), then 3 days (72 hours), then 2 days (48 hours).

*** STANDING:  Standing is the prime consideration in Federal Court and also in state court. To have a “standing” in court, the Plaintiff must establish a personal stake in the outcome. You must satisfy the Constitutional standard.  This derives from case and controversy from Article III and it has two components, they are; 1. The Plaintiff must establish injury in fact.  This is generally economic injury but can also be esthetic, or environmental; but the injury must arise from the governmental conduct being complained against.  The court is very liberal in this item.  It is commonly used in civil cases.  2. Redress ability.  The relief sought must eliminate the harmal edge.   The court is very strict in this item.

*** As Stated by the late Dan Meador “Consequently, there must be more focused strategy that engages the contest in judicial and political forums in such a fashion as to force general disclosure.  We aren’t going to secure reliable individual remedies until we secure general remedies.  But even before that, we’re going to have to come to grips with what we’re dealing with, and the mechanics of how it operates.”

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DRIVER LICENSE

For many years, the Texas Legislature has used the appearance of power (authority) to "license" everything the Texas state wants to regulate, including using one's private property to travel upon the public highways, for one's own convenience and pleasure under the Right to Travel.  The Right to Travel, to go from place to place as a means for a transportation permit, is a natural right subject to rights of others and to reasonable regulation under law. (See) Shachtman v. Dulles, 225 F. 2d. 938, 941 (1955).

{Apparently, since the state cannot constitutionally license (charge money for a privilege that would otherwise be illegal—see below) our right to travel freely to assemble, etc.(See Article 1, Section 27 of the Texas Constitution); the ‘powers that be’ decided they would license driving as we know it—a natural person guiding an engine powered road-machine, as if it were a vehicle, e.g., an electric-motor vehicle, as if it were being used for commercial business purposes.  It’s a strange, apparently-gray area which the ‘powers that be’ who make revenue from licensing, registering, tickets/citations and/or serving as lawyers, judges, & etc. have evidently colluded to accept loose definitions under the color of law to regulate and control our activity.  The public servant’s pay and the fines/fees extracted from the public, creates a conflict of interests.  Judge, who do you work for? “The City”. Judge, who does the prosecutor work for? “The City”. Judge, who does the police officer work for? “The City”. Judge, if you find me guilty and make me pay a fine, who gets the money? “The City”. Judge, is there any incentive for you to find me not guilty? “No, in fact, dismissing your case might reflect on my retirement”. The common people do not understand that if they ALL would just say “Not Guilty and I want a trial by jury”, all the courts would be cooked within 30 days, as there would not be enough days or nights in the years to come to have that many jury trials. Now what if ALL people that got a ticket said “Not Guilty and I want a trial by jury” for 60 days or 90 days? When do you think your trial would come about, 2042? You could stick a fork in them, they would be done, but the public knows that they may have to take off another day of work and it is just more cost effective to pay them off. So here we are, the few of us that state, "it does not matter that it cost me $1000 in lost work, I will not be cost effective for the system. You will earn every penny you extract from me every time you write me that ticket and one of these days, you will pay me for writing me that ticket".}

The Driver's Privacy Protection Act was enacted by the U.S. Congress on August 24, 1994.  The purpose of this legislation is to prohibit the disclosure of personal information from motor vehicle records except under specific circumstances.

General Rule Of Texas Privacy Act, Texas Transportation Code, Chapters 730: Personal Information contained in Motor Vehicle Records may not be disclosed to the public. The purpose of this chapter is to implement 18 U.S.C. Chapter 123 and to protect the interest of an individual in the individual's personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records, except as authorized by the individual or by law.

Ever been to www.publicdata.com, so much for the privacy act.

Trans. Code, Sec. 521.001.  Definitions (a) In this chapter: ... (3) "Driver's license" means an authorization issued by the department for the operation of a motor vehicle.  The term includes: (A) a temporary license or instruction permit; and (B) an occupational license. ... (6) "License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state.  The term includes: (A) a driver's license; (B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and (C) a nonresident's operating privilege. (Susp/Rev): Suspension or Revocation at the discretion of the licensing agency. This action is based on either (1) on habitually reckless or negligent vehicle operation or (2) on habitual violation of the traffic laws.(8) Tran. Code §§521.163, 521.294(a) & (b)(4)(9)

Look at Sec. 521.001(a)(6)(B) again, above! You have a license whether you get one or not.

 You could be or operate in commerce under “privilege” without a license—you could even be a non-resident [see 521.001(a) (6)(C)].  You’re operating on “the privilege,” if you cannot show a driver license that you do not hold, no worries, the Texas Legislature has declared that you have the privileged license either way!!  Bazaar

Suspension-Not more than 1 year.  Tran. Code §521.306(b)

A "license" is defined as: "... the permission by competent authority to do an act which, without such permission, would be illegal, a trespass, or a tort." PEOPLE v. HENDERSON, 218 NW. 2d, 4.

"Leave to do a thing which licensor could prevent." WESTERN ELECTRIC CO. v. PACENT REPRODUCER CORP., 42 F.2d 116, 188.

"...(its object) is to confer right or power WHICH DOES NOT EXIST without it and exercise of which, without license would be illegal." (emph. added) INTER-CITY COACH LINES v. HARRISON, 157 SE 673, 676.

A license confers no right and is, "mere leave to be enjoyed as a matter of indulgence at the will of the party granting it." CITY OF CARBONDALE v. WADE, 106, 111. App. 654.

"A permit, granted by an appropriate governmental body, generally for consideration, to a person, firm, or a corporation, to pursue SOME OCCUPATION or to CARRY ON SOME BUSINESS which is subject to regulation under the police power." (emph. added) ROSENBLATT v. CALIFORNIA STATE BD. OF PHARMACY, 158 P. 2d 199, 203.

"A license fee is a charge made primarily for regulation, with the fee to cover costs and expenses of supervision or regulation." State v. Jackson, 60 Wisc.2d 700; 211 NW.2d 480, 487

NOTE: The word ‘Driver License’ as indicated on that card in your pocket, issued to you by the DPS, has no basis in Texas Law when you read the Texas Drivers License Act below.  There are only three types of licenses—operators, commercial operators & chauffeurs—stated in Texas Law.  Here you find that operator is the owner of the business, commercial operator is the driver for the operator, while chauffeur is someone who carries people for hire.  Driver License is used by color of law, but created no actual charge of itself.

Trans. Code, Sec.524.001 – Definitions (1999 code) (2000 moved it to 521.001) " 'Driver's license' has the meaning assigned by Section 1, Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).  The term includes a license or license to operate a motor vehicle as defined by that section of that Act."

Now look at the 1941 (& only) Act, with some history from the court.  Then continue on to look at the revised Transportation Code that follows.

TEXAS DRIVERS LICENSE ACT

1941 Texas Legislature  47th Regular Session; Chapter 173; Vernon's Annotated Civil Statutes Art. 6887b; H.B. No. 20

Drivers License Law

An Act providing for licensing of operators, commercial operators, and chauffeurs; defining certain terms; providing for certain exemptions; prohibiting issuance of license to certain persons; making it unlawful for certain persons to operate a school bus or any motor vehicle while in use as a public or common carrier of persons; providing for application for operators', commercial operators', and chauffeurs' license; repealing Subsection (c) of Section 4 of Article 911A and Subsection (b) of Section 4 of Article 911B, Revised Civil Statutes; providing for signing of application of minors and cancellation of minor's license upon application and/or death of signatory; providing for examinations of applicants for operators', commercial operators', and chauffeurs' licenses, and providing the Director shall have the authority to re-examine licensee when said licensee is found incapable of operating a motor vehicle; providing for the issuance of operators', commercial operators', and chauffeurs' license, and duplicates thereof; providing for the issuance of restricted operators', commercial operators', and chauffeurs' license; providing a penalty for a violation of the restrictions imposed and for the revocation or suspension of restricted licenses; relating to the carrying of a license by the licensee and exhibiting same; prescribing the amount of fees and providing for the collection of same by the Department of Public Safety and the disposition of same; providing for the time of expiration of licenses and for renewal of same; providing for notice to the Department of changes of address or name of licensee; providing for certain records to be kept by the Department of Public Safety; relating to the authority of the Department of Public Safety to suspend, revoke, or cancel licenses; providing for time, place, and manner of holding hearings before the Department of Public Safety; providing for the period of suspension by the Department; proving for the automatic suspension of licenses upon conviction of certain offenses; providing for the surrender and return of license to the Department upon suspension; providing for court to forward license to Department and report convictions and defining "conviction" and providing that a suspended sentence shall not mitigate against automatic suspension of license on conviction of certain offenses; prohibiting the operation of motor vehicle under foreign license during suspension or revocation in the State; providing authority of the Department of Public Safety to suspend or revoke license and to suspend privileges of nonresidents and report convictions, and to suspend resident license upon conviction in another State; providing for the cancellation of licenses under certain conditions; providing for the right of appeal when license denied or cancelled, suspended or revoked by Department, except where such suspension or revocation is automatic; providing the filing of the petition of appeal shall abate said suspension until the trial herein provided for shall have been consummated and final judgment thereon shall have the right of trial by jury and his license shall not be suspended pending the appeal; prohibiting the driving of motor vehicle while license or privilege is cancelled, suspended or revoked; making it unlawful to commit certain other acts; providing authority of the Department of Public Safety to require accident reports and providing a penalty for failure to report; providing for forms of accident statistics and reports and making such reports confidential; providing for a penalty for violation of the Act, and providing for a maximum fine in certain instances; repealing all laws and parts of laws in conflict herewith, and particularly Senate Bill No. 15, Chapter 466, Page 1785, General Laws, Second Called Session, Forty-fourth Legislature, as amended by House Bill No. 16, Chapter 369, Page 752, Regular Session, Forty-fifth Legislature; providing a saving clause; and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

Article I Words and Phrases Defined Section 1 Definition of words and phrases. The following words and phrases when used in this Act shall, for the purpose of this Act, have the meanings respectively ascribed to them in this title. (a)"Vehicle." Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracts. (b)"Motor Vehicle." Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operation upon rails. {This was intended for electric motors, but is loosely interpreted by the powers to include engines.} (j)   "Persons." Every natural person, firm, copartnership, association, or corporation. {‘Natural person’ looks like it could be a human, but look at the NOTE below!} (l)"Driver."  Every person who drives or is in actual physical control of a vehicle. (m)"Operator."  Every person, other than a chauffeur or commercial operator, who is in actual physical control of a motor vehicle upon a highway.  {Do parts (l) & (m) imply “operator” = “driver”?  But pg.13 below notes “operator” is the business owner.} (n)"Commercial Operator."  Every person who is the driver of a motor vehicle designed or used for the transportation of property, including all vehicles used for delivery purposes, while said vehicle is being used for commercial or delivery purposes. (o)"Chauffeur."  Every person who is the driver for wages, compensation, or hire, or for fare, of a motor vehicle transporting passengers.

{NOTE: Notice that “natural person” is not defined above. In Black’s Law Dictionary you will find the term "ejusdem generis" - meaning - of the same kind, class or nature. When you look at the definition of “person” above and you look at the list of items and see that the list is “of the same kind, class or nature”, then simply adding the term “natural” preceding “person” does not change the “kind”, “class” or “nature” of the list. Example: “Fruit” means natural person, apple, banana, or grapes. Then in legalese, ‘natural person’ would be still be a fruit, whether or not what the definition would be in a standard dictionary. Always remember that a “term” may have a different definition than the same spelled “word”. You should not presume that a term found in legalese has the same common meaning of a word found in a standard word dictionary.}

"The term 'operator' is declared generally to include all persons, firms, associations, and corporations who operate motor vehicles upon any public highway in the state and thereby engage in the transportation of persons or property for hire or compensation."  Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26-27.

"Section 1 excludes from the definition of the term 'operator' everyone 'who solely transports by motor vehicle his or its own property, or employees, or both, and who transports no persons or property for hire or compensation.'"  Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 28.

Article II Issuance of License, Expiration, and Renewal Sec. 2.  Drivers must have license No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this State unless such person has a valid license as an operator, a commercial operator, or a chauffeur under the provisions of this Act. {This seems to distinguish “operator” from business “commercial operator.” See note above.} … Article VI Sec. 46. Constitutionality If any part or parts of this Act shall be held to be unconstitutional,* such unconstitutionality shall not affect the validity of the remaining parts of this Act and the Legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.  * {And we can only assume this means as decided by whoever is in power, e.g., the TX Supreme Court—and you might have to go there to rebut it.}

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MORE-RECENT HISTORY Some folks had to go to court due to lack of drivers licenses or renewing them.  A few folks got the attention they deserved, in that very gray area in which the courts love to raise revenue-- Here is how the Appellate Criminal Courts of Texas have answered this request:

“The court has held that there is no such license known to Texas Law as a "driver's license.” (Frank John Callas v. State, 167 Tex. Crim. 375; 320  S.W. 2d 360. 1959)

And… “We have held that there is no such license as a driver's license known to our law.” (Claude D. Campbell v. State, 160 Tex. Crim. 627; 274 S.W. 2d 401. 1955)

And… “An information charging the driving of a motor vehicle upon a public highway without a driver's license charges no offense, as there is no such license as a driver's license known to the law.” (Keith Brooks v. State, 158 Tex. Crim. 546; 258 S.W. 2d 317. 1953)

 And… “There being no such license as a "driver's" license known to the law, it follows that the information, in charging the driving of a motor vehicle upon a highway without such a license, charges no offense.” (W. Lee Hassell v. The State, 149 Tex. Crim. 333; 194 S.W. 2d 400. 1946)

So those people fought the county courts and went to Appeals and won. For some reason at those times, the Appeals Court felt the urge to tell the truth and follow the law.  All courts should go by their example, we can only wish!  So let’s tie all this together. In the mid-1990s, some things were changed, and in very recent times, suddenly the Legislature got around to appearing to fix things. Danny Murphy points out: “These cases are real and their statements were true at the time that they were made.  However, in 1995 the Legislature provided a definition of driver's license at § 521.001(3), so that driver's license is now known to Texas law.  The problem now is that the licenses being issued are not those named in the Driver License Law of 1941, and I know of no act specifically authorizing the currently issued "licenses".  Some might say that because the Transportation Code makes reference to these other licenses then, if nothing else, these licenses were implicitly authorized, not a way I care to go. “Interestingly, the Legislature also made provision for a more general license at § 521.001(6) that includes (A) a driver's license; (B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and (C) a nonresident's operating privilege.  Part (B) may be recognition of the right to travel under a theory of rights reserved under the Texas Bill of Rights and powers not delegated to the State.  “Also, there may be an exemption to the license requirement under § 521.027(2) for the operation of a road machine on a highway.  Road machine has not been defined anywhere in Texas statutes, and a search of the term on the Internet turns up all kinds of cars, trucks, motorcycles, and other conveyances.  When a word has not been defined in a act, then one must turn to other sources for its definition.  However, previous attempts at this in court have not been successful.  “One problem with all of this, though, is having a Texas certificate of title.  The Texas Certificate of Title Act states at § 501.004(a) that it “applies to a motor vehicle owned by the state or a political subdivision of the state.”  The existence of a certificate of title is at least prima facie evidence that the car is owned by government.  Government has the right to keep track of and regulate the use of its property.  Plates on a car show that it is or has been registered.  Registration requires that there be a certificate of title.  Once it is registered, all the other requirements come into play such as inspection, insurance, etc.”

So here’s what the License became within the Transportation Code (by 8/2/08)

TRANSPORTATION CODE SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES SUBCHAPTER A. GENERAL PROVISIONS  § 521.001.  DEFINITIONS.  (a)  In this chapter:                               (1)  "Department" means the Department of Public Safety.                      (2)  "Director" means the public safety director.                               (3)  "Driver's license" means an authorization issued by the department for the operation of a motor vehicle.  The term includes:    (A)  a temporary license or instruction permit;  and                          (B)  an occupational license.                                                  (4)  "Gross combination weight rating" has the meaning assigned by Section 522.003.   (5)  "Gross vehicle weight rating" has the meaning assigned by Section 522.003.   (6)  "License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state.  The term includes:    (A)  a driver's license;                                                        (B)  the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license;  and    (C)  a nonresident's operating privilege.                                      (7)  "Nonresident" means a person who is not a resident of this state.        (8)  "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.   (9)  "Image comparison technology" means any technology that is used to compare facial images, thumbprints, or fingerprints.  (b)  A word or phrase that is not defined by this chapter but is defined by Subtitle C  has the meaning in this chapter that is assigned by that subtitle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended by:  Acts 2005, 79th Leg., Ch. 1108, § 3, eff. September 1, 2005. ...

§ 521.004.  PENAL CODE REFERENCES.  In this chapter: (1)  a reference to an offense under Section 49.04, Penal Code, includes an offense under Article 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994; (2)  a reference to an offense under Section 49.07, Penal Code:                (A)  means only an offense under that section involving the operation of a motor vehicle;  and    (B)  includes an offense under Section 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994;  and (3)  a reference to an offense under Section 49.08, Penal Code:                (A)  means only an offense under that section involving the operation of a motor vehicle;  and    (B)  includes an offense under Section 19.05(a)(2), Penal Code, as that law existed immediately before September 1, 1994.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   

 § 521.005.  RULEMAKING AUTHORITY.  The department may adopt rules necessary to administer this chapter.

Added by Acts 1997, 75th Leg., ch. 165, § 30.72, eff. Sept. 1, 1997.  ...

SUBCHAPTER B. GENERAL LICENSE REQUIREMENTS  § 521.021.  LICENSE REQUIRED.  A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ... § 521.025.  LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND;  CRIMINAL PENALTY. (a)  A person required to hold a license under Section 521.021 shall:   (1)  have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated;  and   (2)  display the license on the demand of a magistrate, court officer, or peace officer. (b)  A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section. (c)  A person who violates this section commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:   (1)  for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200;  and   (2)  for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:    (A)  a fine of not less than $25 or more than $500; (B)  confinement in the county jail for not less than 72 hours or more than six months;  or    (C)  both the fine and confinement. (d)  It is a defense to prosecution under this section if the person charged produces in court a driver's license:   (1)  issued to that person; (2)  appropriate for the type of vehicle operated;  and (3)  valid at the time of the arrest for the offense. (e)  The judge of each court shall report promptly to the department each conviction obtained in the court under this section. (f)  The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by:  Acts 2007, 80th Leg., R.S., Ch. 1027, § 4, eff. September 1, 2007.

§ 521.026.  DISMISSAL OF EXPIRED LICENSE CHARGE.  (a)  A judge may dismiss a charge of driving with an expired license if the defendant remedies this defect within 20 working days or before the defendant's first court appearance date, whichever is later. (b)  The judge may assess the defendant an administrative fee not to exceed $20 when the charge of driving with an expired driver's license is dismissed under Subsection (a).

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, § 5, eff. September 1, 2007.

 § 521.027.  PERSONS EXEMPT FROM LICENSE REQUIREMENT.  The following persons are exempt from the license requirement imposed under this chapter: (1) a person in the service of the state military forces or the United States while the person is operating an official motor vehicle in the scope of that service;   (2)  a person while the person is operating a road machine, farm tractor, or implement of husbandry on a highway, unless the vehicle is a commercial motor vehicle under Section 522.003;   (3)  a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence;  and   (4)  a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...

[And good grief, what’s THIS brand new?] {FYI:  Illegals welcome??--- § 521.032.  ENHANCED DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a)  The department may issue an enhanced driver's license or personal identification certificate for the purposes of crossing the border between this state and Mexico to an applicant who provides the department with proof of United States citizenship, identity, and state residency. ... (b)  The department shall implement a one-to-many biometric matching system for the enhanced driver's license or personal identification certificate.  An applicant for an enhanced driver's license or personal identification certificate must submit a biometric identifier ... ... (f)  The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between this state and Mexico.  The department may enter into an agreement with Mexico, to the extent permitted by federal law, to implement a border crossing initiative authorized by this section. ... Added by Acts 2007, 80th Leg., R.S., Ch. 258, § 21.01, eff. September 1, 2007. }

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OPERATOR

OPERATOR Today we assume that a "traveler" is a "driver," and a "driver" is an "operator." However, this is not the case. "It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator' and `driver'; the `operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both `operator' and `driver.'"          Newbill v. Union Indemnity Co., 60 SE.2d 658

Trans. Code, Sec. 542.002.  Government Vehicles  A provision of this subtitle applicable to an operator of a vehicle applies to the operator of a vehicle owned or operated by the United States, this state, or a political subdivision of this state, except as specifically provided otherwise by this subtitle for an authorized emergency vehicle.

Sec. 601.006.  Applicability to Certain Owners and Operators.  If an owner or operator of a motor vehicle involved in an accident in this state does not have a driver's license or vehicle registration or is a nonresident, the person may not be issued a driver's license or registration until the person has complied with this chapter to the same extent that would be necessary if, at the time of the accident, the person had a driver's license or registration.

"The term 'operator' is declared generally to include all persons, firms, associations, and corporations who operate motor vehicles upon any public highway in the state and thereby engage in the transportation of persons or property for hire or compensation."  Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26-27.

"Section 1 excludes from the definition of the term 'operator' everyone 'who solely transports by motor vehicle his or its own property, or employees, or both, and who transports no persons or property for hire or compensation.'"  Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 28.

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SPEEDING

Trans. Code, Sec. 201.904  Speed Signs The department shall erect and maintain on the highways and roads of this state appropriate signs that show the maximum lawful speed for commercial motor vehicles, truck tractors, truck trailers, truck semitrailers, and motor vehicles engaged in the business of transporting passengers for compensation or hire (buses).

Basic Speed Rule: No person* shall drive a vehicle at a speed greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards. § 545.352. PRIMA FACIE SPEED LIMITS.  (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. Text of subsect. (b) as amended by Acts 1999, 76th Leg., ch. 663, § 2 and Acts 1999, 76th Leg., ch. 739, § 1]} {Prima facie, Latin:  on its face, at first view—used as a legal acceptance not requiring additional validity} {Ken pointed out:  NOTE all the speed signs are for commercial traffic.  SO where did the Legislature notify the traveling citizen of some speed to follow?  If there’s no notification, no requirement, there’s no way to BE in excess of it!  There can be no violation when you were never the one liable!!  (See also next paragraph.)}

Posted (Maximum) Speed Limit: Based on engineering and traffic investigations, the Texas Transportation Commission may alter the prima facie speed limits on State highways and limited-access or controlled highways inside or outside of any municipality. Tran. Code §545.353(a) & (f)

{from Subchapter H, Speed Restrictions, which is 545.361 through 545.365}.  * {specifically, “an operator,” as amended 1997; see above}

Minimum Speed Limit:  No person shall drive so slowly as to impede the normal and reasonable movement of traffic. Tran. Code §545.363(a)

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran. Code §§542.301 & 750.002(b)

A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Tran. Code §522.003(25)

Tran. Code SUBCHAPTER H.  SPEED RESTRICTIONS Sec. 545.351.  Maximum Speed Requirement. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. (b) An operator:  (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to actual and potential hazards then existing; and  (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. {So, DID you have a wreck?  Otherwise, you don’t meet the criteria!} (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:  (1) the operator is approaching and crossing an intersection or railroad grade crossing;  (2) the operator is approaching and going around a curve;  (3) the operator is approaching a hill crest;  (4) the operator is traveling on a narrow or winding roadway; and  (5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions. {If you didn’t have a wreck, does ONLY (a) above apply?  Do YOU think you were reasonable and prudent?} *****************

STOPPING

Failure to Stop—all listings (note—there is NO “rolling stop” NOR even “incomplete stop” anywhere in the Texas Statutes (Codes), including Vernon's).  How many revenue-raising tickets did you get for that common knowledge?  So we show it here to expose the deceit.  There are three listings for “Failure To Stop” but look carefully at what you’re supposed to stop—they have nothing to do with stopping at a sign or light!   ~~~~~~~~~~~~ FYI—first cite has nothing to do with traveling OR driving---

PENAL CODE CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

§ 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD. (a) A person, other than a person who has a relationship with a child described by Section 22.04(b), commits an offense if: ....   ~~~~~~~~~~~~ FYI—second cite second qualifies being taken to a magistrate if a certain thing happens---

TRANSPORTATION CODE CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS SUBCHAPTER A.  ARREST AND CHARGING PROCEDURES; NOTICES AND PROMISESTO APPEAR

        § 543.001.  ARREST WITHOUT WARRANT AUTHORIZED.  Any peace officer may arrest without warrant a person found committing a violation of this subtitle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                   

        § 543.002.  PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE.    (a)  A person arrested for a violation of this subtitle punishable as a misdemeanor shall be immediately taken before a magistrate if:                 (1)  the person is arrested on a charge of failure to stop in the event of an accident causing damage to property;  or                 (2)  the person demands an immediate appearance before a magistrate or refuses to make a written promise to appear in court as provided by this subchapter.   (b)  The person must be taken before a magistrate who:                                         (1)  has jurisdiction of the offense;                                                         (2)  is in the county in which the offense charged is alleged to have been committed;  and                 (3)  is nearest or most accessible to the place of arrest.                 

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.   ~~~~~~~~~~~~ FYI—third cite has to do with helping folks, by regulating behavior---

TRANSPORTATION CODE CHAPTER 523. DRIVER'S LICENSE COMPACT OF 1993 § 523.005. EFFECT OF CONVICTION.   (a)  The licensing authority in the home state, for the purpose of suspension, revocation, cancellation, denial, disqualification, or limitation of the privilege to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to Section 523.004 as it would if such conduct had occurred in the home state in the case of conviction for:                 (1)  manslaughter or negligent homicide resulting from the operation of a motor vehicle;                 (2)  driving a motor vehicle while under the influence of alcoholic beverages or a narcotic to a degree which renders the driver incapable of safely driving a motor vehicle;                 (3)  any felony in the commission of which a motor vehicle is used;  or                     (4)  failure to stop and render aid or information in the event of a motor vehicle accident resulting in the death or personal injury of another.   (b)  As to other convictions reported pursuant to this compact, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.   (c)  If the laws of a state do not provide for offenses or violations denominated or described in precisely the words employed in Subsection (a), those offenses or violations of a substantially similar nature and the laws of that state shall be understood to contain such provisions as may be necessary to ensure that full force and effect is given to this compact.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

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SAFETY INSPECTION - VEHICLE

Transportation Code CHAPTER 548.  COMPULSORY INSPECTION OF VEHICLES  SUBCHAPTER A.  GENERAL PROVISIONS Sec. 548.001.  Definitions. In this chapter: (1) "Commercial motor vehicle" means a self-propelled or towed vehicle, other than a farm vehicle with a gross weight, registered weight, or gross weight rating of less than 48,000 pounds, if: (A) the vehicle or combination of vehicles has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds; (B) the vehicle is designed to transport more than 15 passengers, including the driver; or (C) the vehicle is used to transport hazardous materials in a quantity requiring placarding by a regulation issued under the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.). (2) "Commission" means the Public Safety Commission. (3) "Conservation commission" means the Texas Natural Resource Conservation Commission. (4) "Farm vehicle" has the meaning assigned by the federal motor carrier safety regulations. (5) "Federal motor carrier safety regulation" has the meaning assigned by Section 549.001. (6) "Inspection station" means a facility certified to conduct inspections of vehicles under this chapter.

 SUBCHAPTER B.  VEHICLES AND EQUIPMENT SUBJECT TO INSPECTION AND REINSPECTION Trans. Code, Sec. 548.051.  Vehicles and Equipment Subject to Inspection. (a) A motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in this state, must have the following items  inspected at an inspection station or by an inspector: (1) tires; (2) wheel assembly; (3) safety guards or flaps, if required by Section 547.606; (4) brake system, including power brake unit; (5) steering system, including power steering; (6) lighting equipment; (7) horns and warning devices; (8) mirrors; (9) windshield wipers; (10) sunscreening devices, unless the vehicle is exempt from sunscreen device restrictions under Section 547.613; (11) front seat belts in vehicles on which seat belt anchorages were part of the manufacturer's original equipment; (12) tax decal, if required by Section 548.104(d)(1); (13) exhaust system; and (14) exhaust emission system. (b) A moped is subject to inspection in the same manner as a motorcycle, except that the only items of equipment required to be inspected are the brakes, headlamps, rear lamps, and reflectors, which must comply with the standards prescribed by Sections 547.408 and 547.801.   Sec. 548.052.  Vehicles Not Subject to Inspection. This chapter does not apply to: (1) a trailer, semitrailer, pole trailer, or mobile home moving under or bearing a current factory-delivery license plate or current in-transit license plate; (2) a vehicle moving under or bearing a paper dealer in-transit tag, machinery license, disaster license, parade license, prorate tab, one-trip permit, antique license, temporary 24-hour permit, or permit license; (3) a trailer, semitrailer, pole trailer, or mobile home having an actual gross weight or registered gross weight of 4,500 pounds or less; or (4) farm machinery, road-building equipment, a farm trailer, or a vehicle required to display a slow-moving-vehicle emblem under Section 547.703. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amendment by Acts 1995, 74th Leg., ch. 443, Sec. 3

V.T.C.A., Government Code Sec. 311.031(c) provides, in part, that the repeal of a statute by a code does not affect an amendment of the statute by the same legislature which enacted the code and that the amendment is preserved and given effect as part of the code provision. Section 3 of Acts 1995, 74th Leg., ch. 443, eff. Sept. 1, 1995, amends Sec. 140(h) of Vernon's Ann.Civ.St. art. 6701d [now this section] without reference to the repeal of said article by Acts 1995, 74th Leg., ch. 165, Sec. 24(a).  As so amended, Sec. 140(h) reads: "The provisions of this article shall not apply to the vehicles referred to in Subsection (a) of this Section when moving under or bearing current 'Factory-Delivery License Plates' or current 'In-transit License Plates.'  Nor shall the provisions of this article apply to farm machinery, road-building equipment, farm trailers, paper dealer in-transit tag, machinery license, disaster license, parade license, prorate tabs, one-trip permits, antique license, temporary 24-hour permits, permit license, and all other vehicles required to have a slow-moving-vehicle emblem under Section 139B of this Act, or to former military vehicles, as defined by Section 5a(h), Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-5a, Vernon's Texas Civil Statutes)."

SUBCHAPTER C.  PERIODS OF INSPECTION; PREREQUISITES TO ISSUANCE OF INSPECTION CERTIFICATE Sec. 548.101.  General One-Year Inspection Period. Except as provided by Section 548.102, the department shall require an annual inspection.  The department shall set the periods of inspection and may make rules with respect to those periods.

Sec. 548.254.  Validity of Inspection Certificate. An inspection certificate is invalid after the end of the 12th month following the month in which the certificate is issued.  An unused inspection certificate representing a previous inspection period may not be issued after the beginning of the next period.

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REGISTRATION - VEHICLE

CHAPTER 502.  REGISTRATION OF VEHICLES SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 502.001.  Definitions. In this chapter: (2) "Commercial motor vehicle " means a motor vehicle , other than a motorcycle, designed or used primarily to transport property.  The term includes a passenger car reconstructed and used primarily for delivery purposes.  The term does not include a passenger car used to deliver the United States mail. (13) "Motor vehicle " means a vehicle  that is self-propelled. (17) "Passenger car" means a motor vehicle , other than a motorcycle, golf cart, light truck, or bus, designed or used primarily for the transportation of persons. (19) "Public property" means property owned or leased by this state or a political subdivision of this state. (24) "Vehicle " means a device in or by which a person or property is or may be transported or drawn on a public highway, other than a device used exclusively on stationary rails or tracks.

Sec. 502.002.  Registration Required; General Rule. (a) The owner of a motor vehicle , trailer, or semitrailer shall apply for the registration of the vehicle  for:  (1) each registration year in which the vehicle  is used or to be used on a public highway;  and (2) if the vehicle  is unregistered for a registration year that has begun and that applies to the vehicle  and if the vehicle  is used or to be used on a public highway, the remaining portion of that registration year. (b) The application must be made to the department through the county assessor-collector of the county in which the owner resides. (c) A provision of this chapter that conflicts with this section prevails over this section to the extent of the conflict.

Sec. 502.003.  Registration by Political Subdivision Prohibited. (a) Except as provided by Subsection (b), a political subdivision of this state may not require an owner of a motor vehicle  to:  (1) register the vehicle ;  (2) pay a motor vehicle  registration fee; or  (3) pay an occupation tax or license fee in connection with a motor vehicle . (b) This section does not affect the authority of a municipality to: (1) license and regulate the use of motor vehicles for compensation within the municipal limits; and (2) impose a permit fee or street rental charge for the operation of each motor vehicle  used to transport passengers for compensation, other than a motor vehicle  operating under a permit or certificate from the Railroad Commission of Texas or the Interstate Commerce Commission. {It seems like the above Section might be to ensure only the State, not subdivisions, registers cars.}

Sec. 502.152 Certificate of Title Required for Registration. Subsection (a) says, "The department may not register or renew the registration of a motor vehicle for which a certificate of title is required under Chapter 501 unless the owner: (1) obtains a certificate of title for the vehicle..." Since Chapter 501 applies only to vehicles owned by state or political subdivisions of the state, only those are required to obtain a certificate of title. All others without certificate of title may not be registered.

NOTE: This section above is the most important to remember in the code.  If the vehicle is not state-owned, then the vehicle can’t have a certificate of title, which restricts registration, which restricts mandatory insurance.  Your car then must be state-owned or you wouldn’t have a certificate of title, or have it registered or buy insurance for a car you don’t own, RIGHT?

“Sale of vehicle that does not comply with requirements of Certificate of Title Act may still be considered valid transaction as between original parties, even though Act declares that non-compliance renders sale void.” Jarrin v. Sam White Oldsmobile Co. (App. 1 Dist. 1996) 929 S.W.2d 21, rehearing denied, error denied.

NOTE: Found about case in the Vernon’s Annotated Statutes – Transportation Code § 501.073 Notes of Decisions.

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SEAT BELTS Besides the following, recently a national harassment & revenue-raising program has been instituted, advertised in Texas as:  Click It Or Ticket.  This provide federal subsidies to States giving more tickets, and they get to use the money as they see fit, for example purchasing night-vision goggles to give more tickets after dark.  The payoff is a conflict of interests, motivating local agencies to give more tickets, effectively an open quota.  This also sneaks more federal control over the States & locals, as they clamor for increasing subsidies.   While the ticket revenue raising was advertised as if something new was going on, the law was not changed or appended.  Deals with the feds are not mentioned in the Texas Transportation Code.  So here we must parse the words carefully and hope the courts will abide by the actual written law.  The Family Code emphasizes safety for little kids, not the adults riding in the front.  Any offenses are based on the failure to protect those little kids.

Title 18 (Crimes and Criminal Procedure) – United States Code § 31. Definitions "Motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo; …

NOTE: The following code is commercial by the statement in §545.413(a)(2). The word ‘operated’ has been previously discussed, by which an operator and driver term was defined as in commerce. See the definition of the terms “passenger car” and “motor vehicle” at Sect. 502.0001 (above).  But it says those definitions are FOR THAT CHAPTER.  Does Sect. 545 below encompass Sect. 502 definitions?  One or both would have to SAY that.  Here, “passenger car” is just a load-bearing weight rating (see part h, below).  Here the passenger car would fit the definition of transportation, but not of delivery purposes.  ARE you the operator?  ARE you on a highway?  IS that your passenger car?

Trans. Code Sec. 545.413.  Safety Belts; Offense. (a) A person commits an offense if the person:  (1) is at least 15 years of age;  (2) is riding in the front seat of a passenger car while the vehicle is being operated;  (3) is occupying a seat that is equipped with a safety belt; and  (4) is not secured by a safety belt. (b) A person commits an offense if the person:  (1) operates a passenger car that is equipped with safety belts; and  (2) allows a child who is at least four years of age but younger than 15 years of age to ride in the front seat of the vehicle without requiring the child to be secured by a safety belt. (c) A passenger car or a seat in a passenger car is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts. (d) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $50. (e) It is a defense to prosecution under this section that:  (1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;  (2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; or  (3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle. (f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize:  (1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and  (2) the requirements of this section and the penalty for noncompliance. (g) Use or nonuse of a safety belt is not admissible evidence in a civil trial. (h) In this section, "passenger car" includes a truck with a manufacturer's rated carrying capacity of not more than 1,500 pounds. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amendment by Acts 1995, 74th Leg., ch. 751, Sec. 127 Section 127 of Acts 1995, 74th Leg., ch. 751, eff. Sept. 1, 1995, amends Sec. 107C(j) of Vernon's Ann.Civ.St. art. 6701d [now this section] without reference to the repeal of said article by Acts 1995, 74th Leg., ch. 165, Sec. 24(a).  As so amended, Sec. 107C(j) reads: "Use or nonuse of a safety belt is not admissible evidence in a civil trial, other than a proceeding under Subtitle A or B, Title 5, Family Code."

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FINANCIAL RESPONSIBILITY

Trans. Code, Sec. 521.143.  Evidence of Financial Responsibility Required (a) An application for an original or renewal of a driver's license must be accompanied by evidence of financial responsibility or a statement that the applicant does not own a motor vehicle for which evidence of financial responsibility is required under Chapter 601. (b) Evidence of financial responsibility presented under this section must be in at least the minimum amounts required by Section 601.072 and must cover each motor vehicle owned by the applicant for which the applicant is required to maintain evidence of financial responsibility.  The evidence may be shown in the manner provided by Section 601.053(a). (c) A personal automobile insurance policy used as evidence of financial responsibility under this section must comply with Article 5.06, Insurance Code. (d) A statement that an applicant does not own a motor vehicle to which the evidence of financial responsibility requirement applies must be sworn to and signed by the applicant.

NOTE: Remember Sec. 502.152, found under ‘Registration’, which indicates who owns the car, and which indicates that only a state-owned vehicle can have a certificate of title.  Since this car has a certificate of title, I guess the state owns the car, so the state needs to pay for the financial responsibility. (In that case, what is my certificate of Title or ownership worth?)

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“Texas Sure” Vehicle Insurance Verification

[http://www.texassure.com/Insuranceverification.html] Welcome to Texas, Cowboy!!  Get out yer wallet!!  The Texas Legislature is trying hard to tie everything together so you have to pay in several ways, all of which hold you “responsible” and possibly liable for everything else.  That is, if you’re a legal citizen and they know where you live.  Legislators et al. will insist this helps protect us from illegals.  So you have to have insurance in order to get an inspection, a registration, etc.  FEAR your government, peasant. Quotes from the ‘Texas Sure’ site, above: “What Is Insurance Verification? “The vehicle insurance verification program (called TexasSure) came about when the Texas Legislature directed the Texas Departments of Insurance, Public Safety, Transportation, and Information Resources to develop a system to reduce the number of uninsured motorists. Working together, the agencies have compiled a database that connects every registered vehicle in the state by its license plate, vehicle identification number (VIN), and liability insurance policy. That means that law enforcement officers and tax assessor-collectors can immediately access the database and verify if you are driving without insurance.” _ _ _ _ _ _ _ _ “Driving without insurance? The TexasSure program will put an end to the days of uninsured motorists, drivers dropping coverage after receiving a valid insurance card, and fraudulent insurance cards. So, get insured!” _ _ _ _ _ _ _ _ “If I Decide to Drive Without Insurance? “Driving without insurance is not a good idea, and there are severe penalties for doing so. First time offenders are subject to a fine of up to $350, plus court costs, and may be assessed additional fees as authorized by Transportation Code Chapter 708:  http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm. Repeat offenders face fines of up to $1,000 and a two (2) year driver license suspension. “Bottom line? The law requires “the motorist or operator of a vehicle to provide evidence of financial responsibility.” In other words, when it comes to vehicle insurance, there are no more free rides.” _ _ _ _ _ _ _ _ *****************

CERTIFICATE OF TITLE

NOTE: Sections 501.004 & 502.152 shows that a certificate of title is only for a vehicle owned by the state.

CHAPTER 501.  CERTIFICATE OF TITLE ACT Sec. 501.002.  Definitions. In this chapter: (1) "Certificate of title" means an instrument issued under Section 501.021. (14) "Motor vehicle " means:  (A) any motor driven or propelled vehicle  required to be registered under the laws of this state; (Notice: No definition of Vehicle) *****  Sec. 501.004.  Applicability.  (a) This chapter applies to a motor vehicle  owned by the state or a political subdivision of the state.

Sec. 501.022.  Certificate of Title Required. (a) The owner of a motor vehicle registered in this state may not operate or permit the operation of the vehicle on a public highway until the owner obtains a certificate of title for the vehicle. (b) A person may not operate a motor vehicle registered in this state on a public highway if the person knows or has reason to believe that the owner has not obtained a certificate of title for the vehicle. (c) The owner of a motor vehicle that is required to be registered in this state must apply for a certificate of title of the vehicle before selling or disposing of the vehicle. (d) Subsection (c) does not apply to a motor vehicle operated on a public highway in this state with a metal dealer's license plate or a dealer's or buyer's temporary cardboard tag attached to the vehicle as provided by Chapter 503.

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FAILURE TO IDENTIFY

Texas Penal Code Sec. 38.02.  Failure to Identify. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:  (1) lawfully arrested the person;  (2) lawfully detained the person; or  (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. (c) Except as provided by Subsection (d), an offense under this section is a Class C misdemeanor. (d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is a Class B misdemeanor.

Kolender v. Lawson, 461 US 352 (1983) It is unconstitutionally vague for a state to require a person to produce "credible and reliable" identification when requested to do so by a police officer.  This Court has invalidated, on vagueness grounds, any state law requiring persons on the street to present "credible and reliable" identification when asked by a police officer, which in its self, gives too much discretion to the police officer for arbitrary and selective enforcement.

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ARRESTED

Arrest For Not Signing Ticket Texas Transportation Code CHAPTER 543.  ARREST AND PROSECUTION OF VIOLATORS SUBCHAPTER A.  ARREST AND CHARGING PROCEDURES; NOTICES  AND PROMISES TO APPEAR Sec. 543.001.  Arrest Without Warrant Authorized. Any peace officer may arrest without warrant a person found committing a violation of this subtitle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 543.002.  Person Arrested to be Taken Before Magistrate. (a) A person arrested for a violation of this subtitle punishable as a misdemeanor shall be immediately taken before a magistrate if:  (1) the person is arrested on a charge of failure to stop in the event of an accident causing damage to property; or  (2) the person demands an immediate appearance before a  magistrate or refuses to make a written promise to appear in court as provided by this subchapter. (b) The person must be taken before a magistrate who:  (1) has jurisdiction of the offense;  (2) is in the county in which the offense charged is alleged to have been committed; and  (3) is nearest or most accessible to the place of arrest. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 543.003.  Notice to Appear Required:  Person Not Taken Before Magistrate. An officer who arrests a person for a violation of this subtitle punishable as a misdemeanor and who does not take the person before a magistrate shall issue in duplicate a written notice to appear in court showing the time and place the person is to appear, the offense charged, the name and address of the person charged, and, if  applicable, the license number of the person's vehicle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 543.004.  Notice to Appear Required:  Certain Offenses. (a) An officer shall issue a written notice to appear if: (1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and (2) the person makes a written promise to appear in court as provided by Section 543.005. (b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,1995. Sec. 543.005.  Promise to Appear; Release. To secure release, the person arrested must make a written promise to appear in court by signing in duplicate the written notice prepared by the arresting officer.  The arresting officer shall retain the original of the notice and deliver the copy of the notice to the person arrested.  The officer shall then promptly release the person from custody. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,1995. Sec. 543.006.  Time and Place of Appearance. (a) The time specified in the notice to appear must be at least 10 days after the date of arrest unless the person arrested demands an earlier hearing. (b) The place specified in the notice to appear must be before a magistrate having jurisdiction of the offense who is in the municipality or county in which the offense is alleged to have been committed. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 543.007.  Notice to Appear:  Commercial Vehicle or License. A notice to appear issued to the operator of a commercial motor vehicle or holder of a commercial driver's license or commercial driver learner's permit, for the violation of a law regulating the operation of vehicles on highways, must be on a form that contains the information required by department rule, to comply with Chapter 522 and the federal Commercial Motor Vehicle Safety Act of 1986. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 543.008.  Violation by Officer. A violation by an officer of a provision of Sections 543.003-543.007 is misconduct in office and the officer is subject to removal from the officer's position. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,1995. Sec. 543.009.  Compliance With or Violation of Promise to Appear. (a) A person may comply with a written promise to appear in court by an appearance by counsel. (b) A person who wilfully violates a written promise to appear in court, given as provided by this subchapter, commits a misdemeanor regardless of the disposition of the charge on which the person was arrested. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,1995. Sec. 543.010.  Specifications of Speeding Charge. The complaint and the summons or notice to appear on a charge of speeding under this subtitle must specify: (1) the maximum or minimum speed limit applicable in the district or at the location; and (2) the speed at which the defendant is alleged to have driven. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,1995.

{NOTE: Above, under 543.008 shows that there has to be a procedure in place to remove the cop from his position if he violates any of the Sections 543.003-543.007. They never do. The cop does not know about this provisions and he has been told to put you in jail, if you do not provide a drive license, have no current registration, safety certificate, or proof of insurance. But, look at Sec. 543.007 above and see that the officer is required to issue a promise to appear and let the driver to be on his way if he violates any law that regulates the operation of vehicles on the highways. When the cop puts you in jail for an offense for violating a law used to regulate the operation of vehicles on the highway, he has violated Sec. 543.008. }

Very Important – you should familiar yourself with the below Article. Texas Code of Criminal Procedure Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.  (a)  In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.  The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of an electronic broadcast system.  The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial.  The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel.  The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel. If the person does not speak and understand the English language or is deaf, the magistrate shall inform the person in a manner consistent with Articles 38.30 and 38.31, as appropriate.  The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time.  If the person arrested is indigent and requests appointment of counsel and if the magistrate is authorized under Article 26.04 to appoint counsel for indigent defendants in the county, the magistrate shall appoint counsel in accordance with Article 1.051.  If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.  The magistrate shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him.  The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall, after determining whether the person is currently on bail for a separate criminal offense, admit the person arrested to bail if allowed by law.   A recording of the communication between the arrested person and the magistrate shall be made.  The recording shall be preserved until the earlier of the following dates:  (1) the date on which the pretrial hearing ends; or (2) the 91st day after the date on which the recording is made if the person is charged with a misdemeanor or the 120th day after the date on which the recording is made if the person is charged with a felony.  The counsel for the defendant may obtain a copy of the recording on payment of a reasonable amount to cover costs of reproduction.  For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the arrested person and the magistrate and includes secure Internet videoconferencing. (b)  After an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the magistrate may release the accused without bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court.  The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order.  The accused shall receive a copy of the order on release.  If an accused fails to appear as required by the order, the judge of the court in which the accused is required to appear shall issue a warrant for the arrest of the accused.  If the accused is arrested and brought before the judge, the judge may admit the accused to bail, and in admitting the accused to bail, the judge should set as the amount of bail an amount double that generally set for the offense for which the accused was arrested.  This subsection does not apply to an accused who has previously been convicted of a felony or a misdemeanor other than a misdemeanor punishable by fine only.

{NOTE: Article 15.17(b) above is in conflict with Sec. 543.008(b) of the Texas Transportation Code above and Sec. 38.10(a) of the Texas Penal Code below. The failure to appear must be willful. *** There is more to this above Article that you may want to review later.}

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 12, eff. Aug. 28, 1967. Subsec. (f) added by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002.Amended by: Acts 2005, 79th Leg., Ch. 1094, Sec. 3, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 320, Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 735, Sec. 1, eff. September 1, 2009.

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FAILURE TO APPEAR

Texas Penal Code Sec. 38.10.  Bail Jumping and Failure to Appear. (a) A person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release. (b) It is a defense to prosecution under this section that the appearance was incident to community supervision, parole, or an intermittent sentence. (c) It is a defense to prosecution under this section that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release. (d) Except as provided in Subsections (e) and (f), an offense under this section is a Class A misdemeanor. (e) An offense under this section is a Class C misdemeanor if the offense for which the actor's appearance was required is punishable by fine only. (f) An offense under this section is a felony of the third degree if the offense for which the actor's appearance was required is classified as a felony.

{NOTE:  The defense of a Failure to Appear is whereby the court did willfully withhold from you a copy of the complaint that you are suppose to have in your possession before you appear.  Look at the Complaint section. 45.018 in the Code of Criminal Procedure. Also, 38.10(c) above indicates that if you are just late or fail to appear whereby you have a reasonable excuse for failing to appear, the judge is restricted to put out a warrant for your arrest. Doing so, violates your right to due process.}

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SPECIAL APPEARANCE

NOTE:  File all paperwork by special appearance in the nature of, but not limited to rule 120(a) Texas Rules of Civil Procedure.

RULE 120a. SPECIAL APPEARANCE 1. Notwithstanding the provisions of Rules 121, 122 and 123, a special appearance may be made by any party either in person or by attorney for the purpose of objecting to the jurisdiction of the court over the person or property of the defendant on the ground that such party or property is not amenable to process issued by the courts of this State. A special appearance may be made as to an entire proceeding or as to any severable claim involved therein. Such special appearance shall be made by sworn motion filed prior to motion to transfer venue or any other plea, pleading or motion; provided however, that a motion to transfer venue and any other plea, pleading, or motion may be contained in the same instrument or filed subsequent thereto without waiver of such special appearance; and may be amended to cure defects. The issuance of process for witnesses, the taking of depositions, the serving of requests for admissions, and the use of discovery processes, shall not constitute a waiver of such special appearance. Every appearance, prior to judgment, not in compliance with this rule is a general appearance. 2. Any motion to challenge the jurisdiction provided for herein shall be heard and determined before a motion to transfer venue or any other plea or pleading may be heard. No determination of any issue of fact in connection with the objection to jurisdiction is a determination of the merits of the ease or any aspect thereof. 3. The court shall determine the special appearance on the basis of the pleadings, any stipulations made by and between the parties, such affidavits and attachments as may be filed by the parties, the results of discovery processes, and any oral testimony. The affidavits, if any, shall be served at least seven days before the hearing, shall be made on personal knowledge, shall set forth specific facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify.

Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. Should it appear to the satisfaction of the court at any time that any of such affidavits are presented in violation of Rule 13, the court shall impose sanctions in accordance with that rule. 4. If the court sustains the objection to jurisdiction, an appropriate order shall be entered. If the objection to jurisdiction is overruled, the objecting party may thereafter appear generally for any purpose. Any such special appearance or such general appearance shall not be deemed a waiver of the objection to jurisdiction when the objecting party or subject matter is not amenable to process issued by the courts of this State.

Instead of using or coming by Special Appearance, use by Special Visitation.

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INDICTMENTS AND INFORMATIONS

When you get a traffic citation 1. Check the court records on that citation: (A.) If there is an indictment or information  1. Examine the indictment or information and see if they follow the guidelines set out by the:

  (a.) TEXAS CONSTITUTION Art 5 sec 12(b) & 17,   Section 12.  Judges as Conservators of the Peace; Indictments and Informations vest Jurisdiction (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense.  An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense.  The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law.  The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.

Section 17.  The County Court shall hold terms as provided by law.  Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law.  Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit.  A jury in the County Court shall consist of six men; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same.

{This is a good example of “legalese,” how common words may be redefined for legal purposes.  What did you think ‘information’ meant?  There’s nothing really wrong with that, except the average person (regular private-sector sovereign citizen, i.e., all of us) who hasn’t read (let alone studied heavily) the law will likely NOT know the special definitions.  This puts us at a disadvantage, relative to the lawyers who train on court rules.  Is it possible they WANT us ignorant, so they can get paid more? Some city (or other) courts insist they use neither informations NOR indictments for Class C Misdemeanor traffic offenses.  They rely only on the Complaint from the Officer. (See ‘Complaints,’ & Article 45.018, below.)  Remember, traffic “offenses” are considered criminal, NOT civil.  Courts ARE considering such offenses nearly indefensible, and the tradeoff is small fines.  But can there be any actual jurisdiction?}

  (b.) Code of Criminal Procedures Art. 2, Art. 20 and Art. 21.

CHAPTER TWO—GENERAL DUTIES OF OFFICERS Art. 2.05.  [29] [35] [36] When complaint is made. If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case.  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county.

CHAPTER TWENTY—DUTIES AND POWERS OF THE GRAND JURY Art. 20.20.  [392] [444] [432] Indictment prepared. The attorney representing the State shall prepare all indictments which have been found, with as little delay as possible, and deliver them to the foreman, who shall sign the same officially, and said attorney shall endorse thereon the names of the witnesses upon whose testimony the same was found.

CHAPTER TWENTY-ONE—INDICTMENT AND INFORMATION Art. 21.01.  [395] [450] [438] "Indictment". An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.

Art. 21.02.  [396] [451] [439] Requisites of an indictment. An indictment shall be deemed sufficient if it has the following requisites: 1.  It shall commence, "In the name and by authority of The State of Texas". 2.  It must appear that the same was presented in the district court of the county where the grand jury is in session. 3.  It must appear to be the act of a grand jury of the proper county. 4.  It must contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him. 5.  It must show that the place where the offense was committed is within the jurisdiction of the court in which the indictment is presented. 6.  The time mentioned must be some date anterior to the presentment of the indictment, and not so remote that the prosecution of the offense is barred by limitation. 7.  The offense must be set forth in plain and intelligible words. 8.  The indictment must conclude, "Against the peace and dignity of the State". 9. It shall be signed officially by the foreman of the grand jury.

Art. 21.03.  [397] [452] [440] What should be stated. Everything should be stated in an indictment which is necessary to be proved.

Art. 21.20.  [413] [477] [465] "Information". An "information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.

Art. 21.21.  [414] [478] [466] Requisites of an information. An information is sufficient if it has the following requisites: 1.  It shall commence, "In the name and by authority of the State of Texas"; 2.  That it appear to have been presented in a court having jurisdiction of the offense set forth; 3.  That it appear to have been presented by the proper officer; 4.  That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him; 5.  It must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed; 6.  That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation; 7.  That the offense be set forth in plain and intelligible words; 8.  That it conclude, "Against the peace and dignity of the State"; and 9.  It must be signed by the district or county attorney, officially.

Art. 21.22.  [415] [479] [467] Information based upon complaint. No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.  The affidavit shall be filed with the information.  It may be sworn to before the district or county attorney who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths.

Art. 21.23.  [416] [480] [468] Rules as to indictment apply to information. The rules with respect to allegations in an indictment and the certainty required apply also to an information.

(B.) If there is no indictment or information then get two friends to view the file, and file affidavits or verifications stating this fact; this is to set the record and show proof that the court has no jurisdiction. (Do NOT use/sign ‘Penalties of perjury,’ because it puts the question of whether or not to prosecute in the hands of the attorney).  If they proceed without an indictment or information, then any immunities they claim do not exist.  Barratry for judge and or prosecuting attorney.  Hale v. Henkel 201 U.S. 43 (1906)

Art. 28.04.  [527] [592] [581] Quashing charge in misdemeanor. If the motion to set aside or the exception to an indictment or information is sustained, the defendant in a misdemeanor case shall be discharged, but may be again prosecuted within the time allowed by law.

(C.) Look at all records in the file.  1. If there is a ticket with an affidavit, and the affidavit is from the cop, is the cop's affidavit in the name of THE STATE OF TEXAS and against the peace and dignity?  If so, then there is a violation of Penal Code 37.12 [impersonating an officer] because only the County Attorney, District Attorney, or the Attorney General, or a Grand Jury are the ones who can bring an action in the name of THE STATE OF TEXAS and against the peace and dignity CCP 20.20 [C.C.P all of Art.20 and all of Art 21 and the TEXAS CONSTITUTION Art 5 sec12(b)]. 2. Send and file "Demand for Bill of Particulars and or a More Definite Statement" by special appearance. *****************

COMPLAINTS

{NOTE:  The main thing here is the information (21.21(9)), affidavit (22.21) and complaint (45.018) needed to prosecute you.  They never get it right. Please review the Texas Constitution section and read Article 5, Section 12(b) concerning ‘indictment and information’ and then read Article 5, Section 17 concerning ‘indictment’ concerning the below Art.s concerning ‘Information’.}

Texas Code of Criminal Procedure

Art. 2.05.  [29] [35] [36] When complaint is made. If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case.  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county.

Art. 21.21.  [414] [478] [466] Requisites of an information. An information is sufficient if it has the following requisites: 1.  It shall commence, "In the name and by authority of the State of Texas"; 2.  That it appear to have been presented in a court having jurisdiction of the offense set forth; 3.  That it appear to have been presented by the proper officer; 4.  That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him; 5.  It must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed; 6.  That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation; 7.  That the offense be set forth in plain and intelligible words; 8.  That it conclude, "Against the peace and dignity of the State"; and 9. It must be signed by the district or county attorney, officially.

Art. 21.22.  [415] [479] [467] Information based upon complaint. No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.  The affidavit shall be filed with the information.  It may be sworn to before the district or county attorney who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths.

Art. 21.23.  [416] [480] [468] Rules as to indictment apply to information. The rules with respect to allegations in an indictment and the certainty required apply also to an information.

Art. 21.24.  [417; 408a] [481] [469] Joinder of certain offenses. (a) Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the offenses arise out of the same criminal episode, as defined in Chapter 3 of the Penal Code. (b) A count may contain as many separate paragraphs charging the same offense as necessary, but no paragraph may charge more than one offense. (c) A count is sufficient if any one of its paragraphs is sufficient.  An indictment, information, or complaint is sufficient if any one of its counts is sufficient.

Art. 27.14.  [518] [582] [571] Plea of guilty or nolo contendere in misdemeanor.  {no contest}  (a) A plea of "guilty" or a plea of "nolo contendere" in a misdemeanor case may be made either by the defendant or his counsel in open court; in such case, the defendant or his counsel may waive a jury, and the punishment may be assessed by the court either upon or without evidence, at the discretion of the court.  (b) A defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may, in lieu of the method provided in Subsection (a) of this article, mail or deliver in person to the court a plea of "guilty" or a plea of "nolo contendere" and a waiver of jury trial.  The defendant may also request in writing that the court notify the defendant, at the address stated in the request, of the amount of an appeal bond that the court will approve.  If the court receives a plea and waiver before the time the defendant is scheduled to appear in court, the court shall dispose of the case without requiring a court appearance by the defendant.  The court shall notify the defendant either in person or by certified mail, return receipt requested, of the amount of any fine assessed in the case and, if requested by the defendant, the amount of an appeal bond that the court will approve.  The defendant shall pay any fine assessed or give an appeal bond in the amount stated in the notice before the 31st day after receiving the notice.  (c) In a misdemeanor case for which the maximum possible punishment is by fine only, payment of a fine, or an amount accepted by the court constitutes a finding of guilty in open court, as though a plea of nolo contendere had been entered by the defendant and constitutes a waiver of a jury trial in writing.  (d) If written notice of an offense for which maximum possible punishment is by fine only or of a violation relating to the manner, time, and place of parking has been prepared, delivered, and filed with the court and a legible duplicate copy has been given to the defendant, the written notice serves as a complaint to which the defendant may plead "guilty," "not guilty," or "nolo contendere."  If the defendant pleads "not guilty" to the offense, a complaint shall be filed that conforms to the requirements of Chapter 45 of this code, and that complaint serves as an original complaint.  A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on the written notice of the charged offense if the defendant agrees in writing with the prosecution, signs the agreement, and files it with the court.

Article 45.018 Complaint (a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense. (b) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint.  The defendant may waive the right to notice granted by this subsection.

Article 45.032 Directed Verdict  If, upon the trial of a case in a justice or municipal court, the state fails to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of "not guilty."

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PERSON Texas Code of Criminal Procedure Art. 17A.01. APPLICATION AND DEFINITIONS.  (a)  This chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations.  Where not in conflict with this chapter, the other chapters of this code apply to corporations and associations. (b) In this code, unless the context requires a different definition: (4) "Person," "he," and "him" include corporation and association. Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.

{NOTE: This is the only place in the Texas Code of Criminal Procedure that you find the term “Person” defined. Many court cases have found that the term “include” means to keep within, not to expand. We have no reason for this other than corporations commit crimes, where people commit civil offences against his brother. This is referenced by Rule 137 of the Texas Rules of Civil Procedure concerning “In civil actions for assault and battery, slander and defamation of character,..” The term person used to be directed to the Texas Penal Code for reference, but for some reason, the Texas Legislature decided to remove the reference.}

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JURISDICTION

NOTE: Jurisdiction is by what authority they can judge you; make them work for it, by using ‘by special appearance.’

Title 18 U.S.C. § 3231. District courts The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.

Need to designate statute # on indictment or information signed by the attorney with bond # and not in case file, or the court is not vested with jurisdiction.

Texas Penal Code, Sec. 1.03.  Effect of Code (a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute. (b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code. (c) This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense.

Jurisdiction in the Texas Code of Criminal Procedure

Art. 2.03.  [27] [33] [34] Neglect of duty. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. (b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.

Art. 2.04.  [28] [34] [35] Shall draw complaints. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney.

Art. 2.05.  [29] [35] [36] When complaint is made. If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case.  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county.

NOTE: The above should have been included in the Information & Complaint Sections – Very Important

Art. 2.10.  [34] [42] [43] Duty of magistrates. It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

COURTS AND CRIMINAL JURISDICTION CHAPTER FOUR--COURTS AND CRIMINAL JURISDICTION Art. 4.01.  [51] [63] [64] What courts have criminal jurisdiction. The following courts have jurisdiction in criminal actions:  1.  The Court of Criminal Appeals;  2.  Courts of appeals;  3.  The district courts; 4. The criminal district courts;  5.  The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;  6.  The *county courts;  7.  All *county courts at law with criminal jurisdiction;  8.  *County criminal courts;  9.  Justice courts;  10.  Municipal courts; and  11.  The magistrates appointed by the judges of the district courts of Lubbock County.

Note: * Notice that there are 3 distinct County Courts, to which one did they direct you?

Art. 4.03.  [53] [68-86-87] Courts of Appeals. The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.  This Article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

NOTE: They (the judges) usually lower the fine to $90 so you can’t appeal their decision, but you can appeal the unconstitutional provision of the statute.

Art. 4.04.  [53a] Court of Criminal Appeals. Sec. 1.  The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari.  The court and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of such other writs as may be necessary to protect its jurisdiction or enforce its judgments. Sec. 2.  The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final.  The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals.  In addition, the Court of Criminal Appeals may, on its own motion, with or without a petition for such discretionary review being filed by one of the parties, review any decision of a court of appeals in a criminal case.  Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion.

Art. 4.05.  [54] [88] [87] Jurisdiction of district courts. District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.

  1. 4.07.  [56] [98] [91] Jurisdiction of county courts. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
  2. 4.08.  [57] [101-897] Appellate jurisdiction of county courts. The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.

NOTE: Notice the appellate jurisdiction of the county courts comes from a case from a justice court or other inferior court, which means that the county court does not have original jurisdiction to here the trial de novo. This way the county court can only rule on your paperwork or dismiss the case.

  1. 4.09.  [58] [105] [95] Appeals from inferior court. If the jurisdiction of any *county court has been transferred to the district court or to a *county court at law, then an appeal from a justice or other inferior court will lie to the court to which such appellate jurisdiction has been transferred.
  2. 4.10.  [59] [99] [92] To forfeit bail bonds. *County courts and *county courts at law shall have jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which said courts have jurisdiction.
  3. 4.11.  [60] [106] [96] Jurisdiction of justice courts. (a) Justices of the peace shall have original jurisdiction in criminal cases:   (1) punishable by fine only; or   (2) punishable by:    (A) a fine; and    (B) as authorized by statute, a sanction not consisting of confinement or imprisonment that is rehabilitative or remedial in nature. (b) The fact that a conviction in a justice court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the justice court.
  4. 4.12.  [60a] Misdemeanor cases; precinct in which defendant to be tried in justice court. (a) Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried:      (1) in the precinct in which the offense was committed;      (2) in the precinct in which the defendant or any of the defendants reside;  or      (3) with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county. (b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held:      (1) in the next adjacent precinct in the same county which has a duly qualified justice court;  or      (2) in the precinct in which the defendant may reside. (c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace.

Art. 4.14.  [62] [108] [98] Jurisdiction of municipal court. (a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that:  (1) arise under the ordinances of the municipality; and  (2) are punishable by a fine not to exceed:   (A) $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, including dumping of refuse; or   (B) $500 in all other cases arising under a municipal ordinance.

(b) The municipal court shall have concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that:  (1) arise within the territorial limits of the municipality; and  (2) are punishable by fine only, as defined in Subsection (c) of this article. (c) In this article, an offense which is punishable by "fine only" is defined as an offense that is punishable by fine and such sanctions as authorized by statute not consisting of confinement in jail or imprisonment that are rehabilitative or remedial in nature. (d) The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the municipal court. (e) The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction.

Art. 4.15.  [63] [109] [99] May sit at any time. Justice courts and corporation courts may sit at any time to try criminal cases over which they have jurisdiction.  Any case in which a fine may be assessed shall be tried in accordance with the rules of evidence and this Code.

Art. 4.16.  [64] [63] Concurrent jurisdiction. When two or more courts have concurrent jurisdiction of any criminal offense, the court in which an indictment or a complaint shall first be filed shall retain jurisdiction except as provided in Article 4.12.

Art. 4.17.  Transfer of certain misdemeanors. On a plea of not guilty to a misdemeanor offense punishable by confinement in jail, entered in a *county court of a judge who is not a licensed attorney, on the motion of the state or the defendant, the judge may transfer the case to a district court having jurisdiction in the county or to a *county court at law in the county presided over by a judge who is a licensed attorney.  The judge may make the transfer on his own motion. The attorney representing the state in the case in *county court shall continue the prosecution in the court to which the case is transferred. Provided, in no case may any such case be transferred to a district court except with the written consent of the judge of the district court to which the transfer is sought.

Art. 21.26.  [419] [483] [471] Order transferring cases. Upon the filing of an indictment in the district court which charges an offense over which such court has no jurisdiction, the judge of such court shall make an order transferring the same to such inferior court as may have jurisdiction, stating in such order the cause transferred and to what court transferred.

Art. 21.30.  [423] [487] [475] Cause improvidently transferred. When a cause has been improvidently transferred to a court which has no jurisdiction of the same, the court to which it has been transferred shall order it to be re-transferred to the proper court; and the same proceedings shall be had as in the case of the original transfer.  In such case, the defendant and the witnesses shall be held bound to appear before the court to which the case has been re-transferred, the same as they were bound to appear before the court so transferring the same.

Art. 27.08.  [511] [575] [564] Exception to substance of indictment. There is no exception to the substance of an indictment or information except:  1.  That it does not appear therefrom that an offense against the law was committed by the defendant;  2.  That it appears from the face thereof that a prosecution for the offense is barred by a lapse of time, or that the offense was committed after the finding of the indictment;  3.  That it contains matter which is a legal defense or bar to the prosecution; and  4.  That it shows upon its face that the court trying the case has no jurisdiction thereof.

  1. 36.11.  [655] [731-733] Discharge before verdict. If it appears during a trial that the court has no jurisdiction of the offense, or that the facts charged in the indictment do not constitute an offense, the jury shall be discharged.  The accused shall also be discharged, but such discharge shall be no bar in any case to a prosecution before the proper court for any offense unless termination of the former prosecution was improper.

NOTE: The above article should be used for a motion to dismiss, stating that a statute charged against someone not required by applicability of such charge creates no offense.  Example:  being charged for failure of having a log book or weight scale certificate in your car, when you are not required to do this, if not operating an eighteen wheeler on the highway, creates no offense. The same argument could be used with every statute in the transportation while not in commerce.

Art. 44.0426.  [834] [922] Filing bond perfects appeal. (a) When the appeal bond has been filed with the justice or judge who tried the case not later than the 10th day after the date the judgment was entered, the appeal in such case shall be held to be perfected. (b) If an appeal bond is not timely filed, the appellate court does not have jurisdiction over the case and shall remand the case to the justice or municipal court for execution of the sentence. (c) An appeal may not be dismissed because the defendant failed to give notice of appeal in open court.  An appeal by the defendant or the state may not be dismissed on account of any defect in the transcript.

Art. 45.043. [915] [1010] [975] Effect of Appeal      When a defendant files the appeal bond required by law with the justice or municipal court, all further proceedings in the case in the justice or municipal court shall cease.

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Jurisdiction in TEXAS

Jurisdictional Statement: Pursuant to Article 5 Section 8 of the Texas Constitution:  The District Court jurisdiction consists of exclusive appellate and original jurisdiction of all actions proceedings and remedies, except in cases where exclusive appellate or original jurisdiction maybe conferred by this Constitution or other law on some other court tribunal or administrative body.  District Court did show power to issue writs necessary to enforce their jurisdiction.  The District Court shall have appellate jurisdiction as general supervisory control of the County Commissioners Court with certain exceptions and under such regulation as may be prescribed by law.

Venue Statement: Venue and instant action is proper in that, in all times enumerated herein, all actions have taken place within the City of               which is in the County of ________________.

1. Lasher v. State, 30 Tex. App. 387, 17 S.W. 1064 (1891): State prosecution for forgery occurring at Fort McIntosh, in U.S. jurisdiction. Court took judicial notice of this fact and held state had no jurisdiction over the offense.

2. United States v. Schwalby, 8 Tex. Civ. App. 679, 29 S.W. 90 (1894): Schwalby claimed interest in real property alleged to be owned by U.S., for which a cession of jurisdiction existed. Suit commenced for trespass and Schwalby prevailed. On appeal, court held that jurisdiction within U.S. depended on title, and here the U.S. had only partial title; jurisdiction of state court upheld.

3. Baker v. State, 47 Tex.Cr.R. 482, 83 S.W. 1122 (1904): Assault with intent to murder prosecution, the crime occurring outside Fort Brown on a street. U.S. had title and jurisdiction of the street, and defendant attempted to prove this but trial court excluded evidence holding U.S. had jurisdiction only within fort. Court reversed and held that actual boundaries were all important as the state would have no jurisdiction for an offense occurring on any spot within U.S. jurisdiction.

4. Curry v. State, 111 Tex. Cr. 264, 12 S.W.2d 796 (1928): Defendant convicted of a fishing offense occurring on federal property, the land being owned by U.S., but there being no proof of cession of jurisdiction pursuant to state law. Court held that cession of jurisdiction by Governor pursuant to statute was essential to transfer jurisdiction, thus state court had jurisdiction here.

5. United Services Automobile Ass'n. v. Harman, 151 S.W.2d 609 (Tex.Civ.App. 1941): Soldiers stationed at Fort Hoyle, military reservation in Maryland, but in U.S. jurisdiction, involved in auto accident in Baltimore; suit in Maryland had process served upon soldier in enclave. Suits in Texas instituted to recover against insurer on Maryland judgments, and insurer attacked Maryland process. Court held that Maryland process regarding a non-resident was entirely proper.

6. City of Wichita Falls v. Bowen, 143 Tex. 45, 182 S.W.2d 695 (1944): City annexed adjoining military bases, and bus company owner was engaged in transportation between city and bases. His argument that city taxes on fares paid at bases were invalid on jurisdictional grounds was not sustained.

7. Independent School Dist. of City of El Paso v. Central Education Agency, 247 S.W.2d 597 (Tex.Civ.App. 1952): El Paso, in agreement with military officers at Fort Bliss, annexed the reservation to school district and then sought additional state funding. The court found nothing improper in such arrangement.

8. Sandel v. State, 158 Tex.Cr.R. 101, 253 S.W.2d 283 (1952): Auto accident on highway in Fort Hood; defendant was intoxicated and death resulted, hence murder prosecution. Defendant attacked state court's jurisdiction and proved title of land in U.S. and act of cession. State replied by showing that jurisdiction over the road was reserved to the state. Conviction upheld.

9. Garcia v. State, 169 Tex.Cr.R. 30, 331 S.W.2d 53 (1959): Defendants employed by U.S. government at El Paso International Bridge were prosecuted by state for assault with intent to rape. Because the U.S. Immigration Building at the bridge was only leased to the U.S., court held state court had jurisdiction.

10. Board of Equalization v. General Dynamics Corp., 344 S.W.2d 489 (Tex. Civ. App. 1961): U.S. owned land and had obtained cession of jurisdiction, and General Dynamics had substantial amount of property located there which City of Fort Worth taxed. Court held that city had no jurisdiction to impose this tax.

11. Calvert v. Adams, 388 S.W.2d 742 (Tex. Civ. App. 1965): Amusement machines located at Fort Hood had tax imposed. In suit to recover taxes, court held same could not be recovered; reversed, Adams v. Calvert, 396 S.W.2d 948 (Tex. 1965).

12. Humble Oil & Refining Co. v. Calvert, 464 S.W.2d 170 (Tex.Civ.App. 1971): Held, state could not impose occupation taxes on company exploiting minerals at Corpus Christi Naval Air Station, in U.S. jurisdiction. Affirmed, 478 S.W.2d 926 (Tex. 1972).

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DUE PROCESS

Due Process defined under Goldsberg v. Kelly, 397 US 254  1.  Timely Notice.  2.  Confront your adversary witnesses.  3.  Oral Arguments.  4.  Oral presentation of evidence.  5.  Cross examination of adverse party  6.  Right to an attorney.  7.  Disclosure of evidence.  8.  Determination of outcome of a Court of Record. (so you don't have to do it again.) 9.  Right of finding facts and conclusions of law. (you have the right to ask the reasoning why a judge is doing what he is doing.)  10. Right to an impartial judge.

Texas Code of Criminal Procedure, Sec. 2.01 - all other attorneys are charged, "with the primary duty not to convict but to see justice done. They shall not suppress facts or secrets witnesses capable of establishing the innocence of the accused."

Chapter 45 of the Code of Criminal Procedures are where the rules of the Municipal Courts supposedly use.

Tex. Cod. of Crim. Proc. 45.025 - Defendant may waive jury.

Tex. Cod. of Crim. Proc. 45.024 -  If defendant refuses to plead, the justice shall enter a plea of not guilty.

Tex. Cod. of Crim. Proc. 45.020 -  The defendant has a right to appear by counsel as in all other cases. State's counsel may open and conclude the argument.   Tex. Cod. of Crim. Proc. 45.011 -  The rules of evidence shall apply to such actions in justice courts.

Tex. Cod. of Crim. Proc. 45.037 -  An application for a new trial must be made within one day after the rendition of judgment and sentence, and not afterward.

Tex. Cod. of Crim. Proc. 45.040 -  In no case shall the State be entitled to a new trial.

Tex. Cod. of Crim. Proc. 45.041 -  All judgments and sentences and final orders of the justice shall be rendered in open court.

Tex. Cod. of Crim. Proc. 45.051 Sec. 6 - Records relating to a complaint dismissed as provided by this article mat be expunged under Article 55.01 of this code.

Government Code Book 2, Chapter 29, is on General Law, Chapter 30 gets into separate Court rules of  Municipal Courts.

Gov. Code 30.266 - If the defendant or the state requests a court reporter prior to trial, the judge shall appoint an official court reporter.

Due process of law. Due process of law implies the right of the party affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense: to be heard, by testimony or otherwise, and to have a controvert right, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law. An orderly proceeding wherein a party is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 Ill.2d 405, 259 N.E.2d 282, 290. Phrase means that no party shall be deprived of life, property or of any right granted him by statue, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing. Pettit v. Penn, La. App., 180 So.2d 66, 69. The concept of “due process of law” as it is embodied in the Fifth Amendment demands that a law shall not be unreasonable, arbitrary, or capricious and that the means selected shall have reasonable and substantial relation to the object being sought. U.S. v. Smith, D.C.Iowa, 249 F.Supp. 516. Fundamental requisite of “due process “ is the opportunity to be heard, to be aware a matter is pending, to make an informed choice whether to acquiesce or contest, and to assert before the appropriate decision-making body the reasons for such choice. Trinity Episcopal Corp. v. Romney, D.C.N.Y., 387 F.Supp. 1044, 1084. Aside from all else, “due process” means fundamental fairness and substantial justice. Vaughn v. State, 3 Tenn. Crim. App. 54, 456 S.W.2d 879, 883. Refer. BLD. 6th page 500.

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BEFORE ARRAIGNMENT

At the Clerks office, ask for and get the Verified Complaint and a list of all Judges and Attorneys that may confront you during trial.

If the Clerk will not give this to you, ask if they are an attorney, if not, then get their supervisor.  If the supervisor will not help, ask to speak to the judge or someone with the authority to speak.  Don’t take NO for an answer. You must get the list, so you can check them out. Texas Const. Article 1, Section 10 verifies this right.

If you do not get this information, File a Motion to Dismiss for not following Article 1, Section 10.

Always check to see if the Judge is a judge in different courts, which is illegal.  This can be done by checking with the City and State, under the authority of Article 16, Sec. 40. of the Texas Constitution.  Use the 'Request for Access to Public Information' form. An example form is found in this reference book.

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ARRAIGNMENT

Always ask, “by what authority do you speak to me on this mater?”  Other possible demands:

By Texas Constitution, Article 5, Section 21, a City Attorney cannot prosecute for the State of Texas, so I don’t have to talk to you.

I’ve done a search and he is not an Attorney.

I’ve done a search and you are not a judge.

You will state that you cannot plead because the court is not properly set.  The proper person is not there to represent the State.

I can’t plead, I haven’t got a copy of the complaint, per 45.018 of the Texas code of Criminal Procedure.  (The Judge will always plead “Not Guilty” for you. This is in the Code of Criminal Procedures, to let him do this, but only if you refuse to plead.  See previous page & page 26.)  In some situations, you may want to try to plead, “confession and avoidance.”  This means the accusation filed against you does not apply to the activity that you were engaged in at the time of being detained. The judge will ignore this, but in a court of record, this will be an issue for appeal. If the court is a court of non-record, then everything you do is for practice and does not mean anything as the appeal to the higher court is considered a trial de novo, meaning that it action against you starts over as though nothing was done before  in the previous court. Bazaar

State to the Judge that he does not have Subject Matter Jurisdiction, since his clerk swore to the Verified Complaint and that the Clerk is an agent working for the Principal, which is the Judge, and the judge cannot preside or anything, where he is involved as being the damaged party, which is stated in the Code of Criminal Procedure.

Texas Constitution, Art.1, Sec. 13 says that all trials will be OPEN; don't go in his Chambers unless you bring in a witness. *****************

PRE-TRIAL

After arraignment, put in Motion To Show Cause, using Rule 12 in the Texas Rules of Court, asking the judge to send an Order to the prosecutor to bring—to a Show Cause Hearing—his delegated authority to represent the State of Texas in this court case.  Usually the time limit is ten days till the Show Cause Hearing.  If the judge won’t do it, you could always write up a Writ of Mandamus send it to district court and make him do it.  You know by now or can find in this reference only the county attorney can represent the state, and the city attorney doesn’t have the authority to represent it unless you give him/her consent.

When the Judge asked if you are ready for trial, you are NEVER "ready", because the court is not properly set.

NOTE: Rules of argument states that you get to open arguments of motions, then after the prosecutor, you get to close, before the judge makes a ruling. Found in the Rules of Criminal Procedure in article 28.08 .

  1. 28.01(2) Pre Trial
  2. Art. 28.01.  [522] [587] [576] Pre-trial. Sec. 2.  When a criminal case is set for such pre-trial hearing, any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown; provided that the defendant shall have sufficient notice of such hearing to allow him not less than 10 days in which to raise or file such preliminary matters.  The record made at such pre-trial hearing, the rulings of the court and the exceptions and objections thereto shall become a part of the trial record of the case upon its merits.

The Texas Code of Criminal Procedure (CCRP) does not have an enacting clause and is not law.  But by making special appearance and challenge jurisdiction, and telling them that they do not have the threshold prerequisites that are required for them to have jurisdiction.

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TRIAL

After Pretrial and when you know when the trial date is set - Subpoena the Clerk, Cop, and whoever else you can show of Non - Due Process. If the attorney tries to squash (quash) the subpoenas, your argument is that you have the right to be faced with your accusers, per Article 1, Section 10 of the Texas Constitution.

You ask the person who swore to the complaint - Where & How do you know me or about the case?  Did you see me do this?  Do you know that a crime even happened?  Why did you swear to my complaint?  Who did you swear to?  How many complaints do you swear to that day?

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MOTIONS The following pages show an Affidavit, a Certificate of Service (that is used with Motions, etc., to notify the court), an Order (something you write up to get the judge to make a Court Order—if it’s ready to go, it’s all the easier for him to sign off; he doesn’t have to think about it much), and some Bills and Notices.   See external files for original and/or modern Motions.  The Table of Contents AND the original Motions (2001-2003 era) themselves are in file:   EasyREF_Motions-originals.doc.  The Table of Contents for the newer (2006) separate set of Motions, annotated with instructions & usage suggestions, is file:  MotionsModernINDEX-anno.rtf.  Then those new Motions are listed by their assigned number, and each Motion is a separate file.  See also an unannotated list of Motions-by-number in Appendix B at the end of this Easy Ref. Book, below.

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AFFIDAVITS

A Bill of Exception - is an affidavit, which states that the court room procedure was not followed at stated in the Texas Rules of Criminal Procedure. You need three witnesses or a court of record transcript.

Affidavits should be done at any and every incident which do occur in your life, where they may need to be remembered in the future. (Like being stopped for a traffic ticket.)  Writing down what you remember at the time or shortly there after.  This will show credibility to your affidavit, than filling one out a month down the road.

Affidavits should be attached to each Motion to give it force and effect.

EXAMPLE

AFFIDAVIT

I, ______________________________, a Natural Born Native, herein further known as Affiant, am more than twenty-one (21) years of age and fully competent to testify to the facts stated herein to which Affiant has direct and personal knowledge.  The facts testified to are the truth, whole truth, and nothing but the truth to the best of Affiant's belief.

Affiant believes that Motion For _____________________ has been researched and verified to be correct in every way and should be considered as Prima Facie until which time the prosecutor can rebut such information contained is such attached document.

Further Affiant Sayeth Naught.

_____________________________________________

On this_______ day of __________________, ______, Before me, ___________________________________, personally appeared as the above-signed affiant, known to me to be the one who's ascertained name is signed on this affidavit, and has acknowledged to me that s/he has executed under ascertained full faith and full knowledge of the same under such authority of fact would invoke.

  1. Witness

 ___________________________________ ___________________________________

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CERTIFICATE OF SERVICE

NOTE: Each Court pleading needs a Certificate of Service document attached which tells the court how, when and to whom the pleading was sent or handed to.

EXAMPLE

CERTIFICATE OF SERVICE

I certify that I delivered, by hand, the original MOTION FOR ____________________________, with the ORDER ON Accused's MOTION FOR ____________________________,, to the Clerk of the Court for filing in the ____________________ Court,  at ______________________, _________________, Texas, for Cause # ____________________, on ___________________, 20___. I certify that I delivered, by hand, a true and correct copy of  MOTION FOR ____________________________,, with the ORDER ON DEFENDANT'S MOTION FOR ____________________________, to the Prosecutor of the _______________________ Court, at ________________________, ____________________, Texas, for Cause # __________________, on _____________, 20___.

  1. , sui juris

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ORDER Do-it-Yourself NOTE:  The Order for the judge to sign is usually attached to the pleading, where the judge doesn’t have to take the time to write one up.  Most prosecutors do it and word it the way that the prosecutor would like it to say. EXAMPLE

IN THE _________________ COURT IN AND FOR THE CITY OF __________________ STATE OF TEXAS   Cause No.  _________________

The STATE OF TEXAS   §          In the ____________________ COURT       §                               VS.                                    §             § City of ________________ _________________________          §  County of _____________                           The Accused

ORDER ON DEFENDANT'S MOTION FOR NATURE AND CAUSE OF THE ACCUSATION(S)

  On this the                           day of                                         , A.D., 20___, came on to be heard Defendant's Motion for Nature and Cause of the Accusation(s) in the above entitled and numbered cause(s), and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be

                    Granted

                    Denied, Grounds Being ________________________________________________

 It is therefore considered, ordered and adjudged by the Court that the Defendant's Motion for Nature and Cause of the Accusation(s) is hereby

                    Granted

__________ Denied, Grounds Being ________________________________________________ ______________________________________________________________________________

 Signed and entered this                day of                            , A.D., 20___.

               _____________________________       Judge Presiding        City of _________________        ______________ County, Texas

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BILL OF DISCOVERY

NOTE:  The below document can be sent to the judge, right after arraignment.  Just to get his blood a pumping. You can revise it a little, then send it to the prosecutor, also.

BILL OF DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

 COMES NOW ____________________________________, sui juris, Aggrieved Party herein, appearing in propria persona and presents this BILL OF DISCOVERY to aid him in understanding the charges and thereby enabling him to prepare his defense to the charge to which he will be asked to plead, which is his right under Article 6 of the Bill of Rights of the Constitution for the United States of America, and Article I, Section 10 of the Texas Constitution.  Aggrieved Party believes the statutes used for these charges in this supposedly criminal court (alleges offenses and collects fines) are from Vernon's Texas Civil Statutes.  Since civil statutes are only for certain classes of people, Accused is not at all sure the statutes used in this instant case apply to him, in fact Accused believes the opposite, absent competent documentary proof.

 Accordingly, if a plaintiff's allegations of jurisdictional facts are challenged by the defendant, the plaintiff bears the burden of supporting the allegations by competent proof.  Thomson v. Gaskill 315 US 442, 446

 Lack of jurisdiction is considered to be fundamental error with or without motion or assignment of error.  County of Harris v. Black 448 SW 2d 850 (1970)

In other words, even if not challenged by a party, without jurisdiction all subsequent proceedings are a nullity, and can be challenged at any later time by a defendant.

It is noted the 1916 Texas Penal Code Title I, Article 3 states:  In order that the system of penal law in force in this state may be complete within itself, and that no system of foreign laws, written or unwritten, may be appealed to, it is declared that no person shall be punished for any act or omission, unless the same is made a penal offense, and a penalty is affixed thereto by the written law of this state.

Aggrieved Party cannot find this charge in the Penal Code.  This BILL OF DISCOVERY is in keeping with the spirit of the mandate of Article I, Section 10 of the present Texas Constitution, wherein the Accused "shall have the right to demand the nature and cause of the accusation against him, and have a copy thereof."  That these questions are necessary and authorized, is clearly established law.

 Every ingredient of which the offense is composed must be accurately and clearly alleged.  It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, 'includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species;  it must descend to particulars'. U.S. v. Cook, 84 U.S. 539

 ...and, second, to inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had.  For this, facts are to be stated, not conclusions of law alone.  A crime is made up of acts and intent; and these must be set forth in the indictment, with reasonable particularity of time, place and circumstances.    Arch. Criminal Practice and Pleadings, 291 

Accused demands the court, or in the alternative, the Plaintiff  be directed to inform him: 1. Are the laws these charges are based on, laws foreign to the Texas Constitution? 2. If so, are they written or unwritten?  3. If so, which foreign jurisdiction are they based on? 4. If they are domestic laws, are they of the only civil jurisdiction with criminal penalties, ie. Admiralty? 5. If yes, how did this case get in Admiralty? 6. Does this court proceed according to the Constitutions for Texas and the United States of America? 7. Is the Alleged Plaintiff asking this Court to sit judicially or ministerially?

IF THIS IS A CRIMINAL COURT 8. Does the Texas Constitution Article 5, Section 12 (b) mean that Aggrieved Party is entitled to have an information for a charging instrument filed with the court before the court has any jurisdiction in this matter?  If not, why not? 9. Does 38 Am. Jur page 621 mean the "nature" of a complaint is common law or equity, or possibly martial law or admiralty?  If not, why not?

IF THIS IS A CIVIL COURT 10. Is Aggrieved Party accused of some tort against Alleged Plaintiff? 11. Is Aggrieved Party accused of a breach of some alleged contract which the Alleged Plaintiff is attempting to enforce?  If so, Aggrieved Party hereby demands production of a valid contract with his bona fide signature on it, and that it be entered into evidence so he can see if he did in fact enter into a contract.  Absent such contract, Aggrieved Party is thinking of pleading non-assumpsit. 12. Is this charge brought under general law? 13. What is general law (Norton v. Shelby County, 118 US 425, 439)? 14. Exactly who is the Plaintiff in this matter?  Is it the people of Texas, or the corporate State of Texas, or some other entity? 15. If Alleged Plaintiff is the corporate State of Texas, why did the District Attorney's Office bring this suit in this court despite Article III, Section 2, Clause 2 of the Supreme Law of the Land, the  Constitution for the United States of America, wherein it commands:  "In all cases ... and those in which a State shall be a        Party, the supreme Court shall have original Jurisdiction"?

 You are reminded, that at the time this was enacted, there were no law dictionaries with funny definitions such as "shall" means "may" sometimes, and are reminded that the intent of the legislators is the law.

  1. Does the ALLEGED PLAINTIFF have any treaties affecting this case with the totally bankrupt, functionally dead at law, foreign municipal corporation domiciled in Washington, D.C. called the "United States"?  (See In re Merriam 36 NE 505, 20 CJS 1785; and Congressional Record March 17, 1993 page H1303 at the start of Mr. Trafficant's remarks) 17. Were these treaties made before or after the bankruptcy? 18. In what ways do these treaties affect this case? 19. Does the prosecution consider this Aggrieved Party to be sui juris and one of the sovereign Public of Texas? 20. If not, why not? 21. Is this charge brought from the Texas Penal Code? 22. Was the Texas Penal Code created by and now controlled by the Texas Legislature? 23. Was the Texas Legislature created by and now controlled by the Texas Constitution? 24. Was the Texas Constitution created by and now controlled by the Sovereign Public of Texas? 25. Can a creation of a creation of a creation of the sovereign public control said sovereign public? 26. If so, how so? 27. If this is not what is happening, does this court have jurisdiction over all non-diplomatic personnel living in __________________________ County? 28. If this court does have such jurisdiction, how is it achieved? 29. When and where did the sovereign public grant it? ("All political power is inherent in the people" - Texas Constitution) 30. Are the God-given rights of said sovereign public under some earthly control? 31. Are the God-given rights of this Aggrieved Party under some earthly control? 32. If so, how is such control lawfully gained? 33. Is such control gained only by the cooperation of the members of the sovereign public individually? 34. How is personam jurisdiction established over this Aggrieved Party? 35. If it is gained by cooperation, what is the nature of this cooperation? 36. If it is not gained by cooperation, how are sui juris people brought within the scope and purview of statutes? 37. How does the law allow Alleged Plaintiff to exact the compelled performance of the seatbelt law? 38. Aggrieved Party hereby demands production of all notes, reports, books and laws the Alleged Plaintiff intends to use to establish that this court has the lawful authority to enforce compelled performance (compelled performance is slavery absent an agreement). 39. Will peace officers be immune from charges of perjury for false testimony on the witness stand? 40. This discovery shall be on-going and any new material including exculpatory material will be provided Accused forthwith, and in any case, at least 15 days before he is required to plead in order to give him time to study the law involved and properly prepare a defense.     Respectfully submitted,  _____________________________   , sui juris

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ACCUAL DISCOVERY

“Discovery is not limited to information that will be admissible at trial; to increase likelihood that all relevant evidence will be disclosed and brought before trier of fact, the law circumscribes a significantly larger class of discoverable evidence to include anything reasonably calculated to lead to discovery of material evidence”. JAMPOLE v. TOUCHY, 673 S.W.2d 569 (Tex. 1984)

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BILL OF PARTICULARS

NOTE: This is used right after the arraignment, when the judge don’t get you a copy of the complaint and pleads Not-Guilty for you. It’s just a ‘Need To Know’ document. It’s sent to the prosecutor.

Possibly FRCP Rule 12 e could be used in conjunction with demand for bill of particulars.

Federal Rules of Civil Procedure – Rule 12(e) (e) Motion For More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

NOTE: If no answer provided to B of P, then that is denial of due process; Remedy is Mandamus to Appeals Court  to force lower court to respond.

An Example

BILL OF PARTICULARS

Need to know the nature and cause of any civil or criminal charges being brought In any proceedings in which Requester herein might be named as a party. All questions should be referred to an instrument which the Requester is in receipt of, but reserves the right to refuse and not accept, if the nature and cause show that Requester is not the party named therein, not in the venue of the action, or if the Requester has any rights to respond by way of either a dilatory plea or a plea in bar prior to offering an Issueable plea.

  1. Is the action civil or criminal? 2 If criminal, is it common law or admiralty? 3 Is the charging instrument an Affidavit, an information, an indictment, or a complaint? 4 Is the charging instrument signed? 5 Who signed the charging instrument? 6 Where was the charging instrument signed? 7 When was the charging instrument signed? 8 What is the title or position of the Person who signed the instrument? 9 Who is the damaged party? 10 Is the damaged party a natural person? 11 If the damaged party is a fiction, what is the name of the relator for the damaged party? 12 If the damaged party is a fiction, is the relator an officer, employee, agent, contractor, or subcontractor for the damaged party? 13 If the charging instrument is an affidavit, is it signed under penalty of perjury? 14 If the charging instrument is an affidavit, is it brought under first hand knowledge of the facts related therein? 15 If the charging instrument is an affidavit.  What venue was the affidavit signed in? 16 If the charging instrument is a complaint, is it signed by a prosecuting attorney or law director? 17 In what venue did the acts or actions complained of arise? 18 Who is the controlling sovereign of the venue in which the charging instrument is made? 19 In what venue is the action to be tried, (i.e. that venue arising from Article I, Section 8, Clause 2 of the Constitution for the United States of America setting forth the venue of the exclusive jurisdiction of Congress to the 10 miles square of the District of Columbia and its Federal territories, possessions) 20 Is this venue based upon acts or actions conducted in law or based upon treaties, contracts and consents of the parties? 21 Is this proceeding being heard in the jurisdiction of law, equity, admiralty, maritime, ecclesiastical, or military? 22 Is this court under the venue and jurisdiction of the President of the United States, or the people of Texas? 23 Is the named Defendant a statutory person? 24 How do you spell the name of the person charged? 25 How do you spell the appellation of the petitioner herein? 26       What facts are relied upon to determine that the Defendant is a statutory person? 27 Is the charging instrument an indictment? 28 Is the indictment signed by a grand jury foreman? (When, where, who, is he a citizen or resident of some venue / which venue)? 29 Is the indictment signed by a prosecuting attorney? (Who, where, when, in what venue, Is he a citizen or resident, of which venue?) 30 Is the indictment signed under penalty of perjury? (Is the indictment said to be true, correct, complete?) 31 What is the true and correct spelling of the Defendant party appellation is upper and lower case letters? (Is this the appellation set forth on the charging instrument in correct spelling & punctuation)? 32 What material facts does the charging person rely upon to set forth that the acts and actions of the Defendant are a violation of <what ever charged with>? 33 If the action is criminal, did the crime take place in the venue of the people of Texas or in the venue of the STATE OF TEXAS? 34 If a warrant was issued for the Defendant, when was the warrant signed? 35 If a warrant was issued for the Defendant, who signed the warrant? 36 If a warrant was issued for the Defendant, and it was signed, what is the title of the person signing the warrant? 37 If a warrant was issued for the Defendant, and it was signed, by whom is the person who signed it employed, an official for, an officer for, or an agent or contractor or subcontractor for in the capacity of his signature? 38 If a warrant was issued for the Defendant, was a hearing held before the signing of the warrant? (Where, when, who was present, who testified, was it under penalty of perjury with first hand knowledge, was petitioner notified and given opportunity to testify & bring witnesses)?        39 If a warrant was issued for the Defendant and a hearing was held before the issuance, who testified under penalty of perjury at said hearing as to facts relied upon for the issuance of the warrant? 40 Were any of the persons associated with the petition for, the hearings of and testifying for the warrant public officials? (Where are copies of their bonds filed, who is in charge of the bond filings, how much is the face value of the bond, who bonds the action, is the funds behind the bond public -  i.e., post office, or private i.e.,- IMF) 41 If a public official, what venue have they taken an oath to (i.e. United States or United States of America)?   Is the oath in writing?  Where are they kept, who is in charge of the filing of the oath? 42  Have any public officials taken any oaths that nullify, supersede, or cancel any written oaths on file?  If so, what oaths, to what venues? 43 Have any public officials taken any oath to any venue or jurisdiction that would override or negate that official in his official duty from upholding petitioner's rights to unalienable rights set forth under the venue and jurisdiction of nature's God and nature's laws?  What oaths have you taken, have you taken a Koll niedre oath, a Masonic oath, any others? 44 Do you have a duty as part of your job, to uphold the Constitution of the United States of America as set forth in 1787 ? 45  Do you recognize that I have unalienable rights? When did I lose them?  What act or action did I take to loose them?  What act or action did someone else take to make me loose my rights as they apply to this Statutory prosecution?  What contract did I enter into that nullified my rights?  Was 1 notified before I entered into the contract that I would loose my rights in this matter?  When was I noticed, how?  By what document? 46  What statute was I charged under?  When was it passed into law, who passed it, who signed it, was it brought into law by proper process, does it have a legislative enactment clause, what venue & jurisdiction does it apply to, does it apply to me, is it constitutional as it applies to me, does it violate unalienable rights set forth by nature's God and nature's law, does it violate public policy, does it violate laws of nations, is it under police powers, is it under revenue powers, is there regulations adopted to enforce it, enforce it within what venue and jurisdiction? 47 Does the enforcement officer have proper delegation of authority to enforce the statute, ordinance, rule or regulation? 48 Was the enforcement officer within the proper jurisdiction and venue at the time of the acts or actions being enforced? Were you in that venue or jurisdiction at the time that the statute, ordinance, or regulation was being enforced? 49 Was the officer the one who personally saw the act or action complained of in the statute, ordinance or regulation?  Was he in proper uniform / on duty! etc. when any arrest or detention was made?  Is the statute, ordinance, or regulation civil or criminal?  Is it necessary for the officer to be in proper uniform, marked vehicle. etc. to enforce the statute, ordinance, or regulation? 50 To what venue does the statute, ordinance, or regulation apply?  United States, de jure people, Texas, Puerto Rico, creation of the State or creation of nature? 51 Is the statute, ordinance, or regulation founded upon duties owed by a citizen, resident, or creation of the State?  If so, what state?  Where is the definition of that State found in the Statutes, ordinances, or regulations?  Is that duty one created by a trust?  What trust?  When was it established?  Where was it established?  Am I a subject or resident of said trust?  How did I join the trust? What instrument establishes my nexus to said trust that creates the duty and obligation to said court?  Do I have my signature on said instrument?  When did I sign it?  Who holds the original copy of said instrument?  Is it the policy of the fiduciaries to disclose the purpose, duties, privileges, and rights of the trust with full disclosure prior to soliciting my signature to said trust application?

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BILL OF PARTICULARS

SEE ALSO:  DISCOVERY

United States v. Madeoy, 652 F.Supp. 371 (D.D.C. 1987): The defendant was charged in a 121 count indictment involving fraud, conspiracy and RICO. The district court held that he was entitled to a bill of particulars specifying in detail the laws and regulations which were allegedly violated. In particular, one count of the indictment stated that the defendant had violated certain regulations, without specifying which regulations in the 700 page code were violated.

United States v. Feola, 651 F.Supp. 1068 (S.D.N.Y. 1987): In this narcotics prosecution, the defendants were entitled to the names of the persons whom the Government claimed were co-conspirators; whether the individuals present during the commission of overt acts were, in fact, informants or undercover agents; the names of witnesses to overt and substantive acts; and the exact dates that the defendants joined the conspiracy. The defendants were also entitled to the statements which the Government intended to rely upon to show an agreement among the conspirators; the quantity of cocaine distributed and possessed; and whether it was going to be the Government's contention that certain defendants were aiders and abettors. Finally, the Court held that the Government must specify the manner in which one defendant used a vehicle to facilitate a conspiracy, the names and place where the defendant met with others, and the time, place and manner in which the Government would claim at trial that two defendants became members of the conspiracy.

United States v. Williams, 113 F.R.D. 117 (M.D.Fla. 1986): This district court opinion in the Eleventh Circuit holds that the statements of co-conspirators must be produced to the defendant if the co-conspirator will not be called to testify. That is, Rule 16 which requires the production of a defendant's statements includes statements which will be introduced pursuant to Fed.R.Evid. 801(d)(2)(E).

United States v. Rogers, 636 F.Supp. 237 (D.Colo. 1986): The district court dismissed a tax fraud indictment in this case for failing to specify what deductions were fraudulent.

United States v. Santoro, 647 F.Supp 153 (E.D.N.Y. 1986): The defendants, charged with securities fraud, were entitled to a bill of particulars describing as specifically as possible inside information on that which the defendants were alleged to have traded.

United States v. Bortnovsky, 820 F.2d 572 (2d Cir. 1987): The Government was required to provide a bill of particulars in this mail fraud and RICO case specifying with connection to various insurance fraud counts which insurance claims were fraudulent, and which invoices were allegedly falsified. In this case, the Second Circuit held that the failure to provide this information was reversible.

United States v. Davidoff, 845 F.2d 1151 (2d Cir. 1988): The Second Circuit reversed the defendant's conviction based on the denial of his request for a Bill of Particulars. In order to prove the existence of a RICO offense, the Government introduced numerous instances of extortion which were not listed in the indictment but which the defendant requested in his Bill of Particulars. The Second Circuit holds that "it is simply unrealistic to think that a defendant preparing to meet charges of extorting funds from one company had a fair opportunity to defend against allegations of extortions against unrelated companies, allegations not made prior to trial.

United States v. Chavez, 845 F.2d 219 (9th Cir. 1988): The Government provided a Bill of Particulars to the defendant in this CCE prosecution. However, the Bill of Particulars misled the defendant by stating that there would be no other individuals who were "supervised" other than those listed in the bill and the indictment. At trial, the defendant was confronted with additional supervisees.

United States v. Bailey, 689 F.Supp. 1463 (E.D.Ill. 1987): Charged with mail fraud and conspiracy, the defendant was entitled to a bill of particulars describing how the defendants acted as an enterprise. The Government alleged that the enterprise was an "association in fact" and the bill of particulars appropriately sought something more specific than this general language.

United States v. Earnhart, 683 F.Supp. 717 (W.D.Ark. 1987): The defendant, charged with income tax evasion, was entitled to a Bill of Particulars setting forth the alleged gross income, the adjusted gross income, the alleged unreported income, the alleged availability of deductions and exemptions, and corporate expenditures which were alleged to have been "constructive dividends."

United States v. GAF, Corp, 928 F.2d 1253 (2d Cir. 1991): In the third trial of the corporation, the defense sought to introduce the bill of particulars which had previously been filed by the government in an earlier prosecution. The trial court erred in excluding this evidence. The bill showed that the government had abandoned its earlier broad (and inconsistent) theory of the offense.

United States v. White, 753 F.Supp. 432 (D.Conn. 1990): Defendant's bill of particulars would be granted with respect to the following matters: (1) co- conspirators; (2) the location of the acts performed by the principals; (3) the location of where the principal offense occurred.

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NOTICES

NOTE:  Notices are necessary to make a public servant lose their immunity to prosecution because they are under Good Faith.  Giving Notice to a public servant of the law and then they ignore the law, they lose their Good Faith and show Bad Faith, whereby losing their immunity.

A Notice can be in any form, just put the word NOTICE in it.

Giving Notice is giving knowledge.  Give them all the knowledge they can handle.

An Interesting Notice to send:

State of Texas     ) ____________________________________  ACCUSER    ) ____________________________________       ) ____________________________________  V.     ) ____________________________________       ) ____________________________________ ___________________________  ) ____________________________________  ACCUSED    ) ____________________________________

Cause # _________________________________________________

Notice Of Desire To Pay All Traffic Fines, Fees, Costs and Penalties

 I, _________________________________________, ACCUSED, if found guilty, gives this, my “Notice Of Desire To Pay All Traffic Fines, Fees, Costs and Penalties” to the Judge of the Court, on this the ______ day of __________________________ , _______________.  However, due to the Constitution for the United States of America, at Article 1, Section 10, Clause 1, which mandates that “No state shall make any Thing but gold and silver Coin a Tender in Payment of Debts,” said Clause remaining UNREPEALED to date, and  Due to the Texas Code of Criminal Procedure at Article 43.02, which states that all fines, taxes, penalties and remunerances “shall be collected in the lawful money of the United States only”, said Article remaining UNREPEALED to date, and  Due to Federal Law, Title 12, Section 152, which defines “Lawful Money of the United States” to ONLY be “gold coin” and “silver coin”, said section remaining UNREPEALED to date, and  Due to 48 Stat. 2, (March 09, 1933) and 48 Stat. 113, (June 05, 1933) all gold coin was removed from common circulation, at par, at the banks in America, said Statutes, remaining UNREPEALED to date, and  Due to Public Law 8931, (July 23, 1965) Senate #2080, and Public Law 9029, (June 24, 1967) Title 50 Section 9898 H, and 60 Stat. 596, all silver coin was removed from common circulation at par, at the banks in America, said Public Laws Sections and Statutes remaining UNREPEALED to date,  I, the ACCUSED, AM THEREFORE CONSTRAINED BY LAW FROM PAYING THIS CLASS C fine, fee, cost or penalty, if found guilty.

 Since Federal Reserve Notes, or checks or money orders payable only in Federal Reserve Notes are not within the definition of those things allowed by law to be received by the court, any threat to incarcerate me for “failure to pay” those things will be deemed to be an attempt to solicit an honorarium in violation of Texas Penal Code, Title 8, Section 36.07 or 36.08.  This is neither contempt, nor default, but merely a declaration that until Congress returns America to a Constitutional monetary system, it is impossible for me to pay fines, and IMPOSSIBILIUM NULLA OBLIGTIO EST, that is; There is no obligation to do impossible things.

Further, ACCUSED sayeth naught.

___________________________________________

____________________________________________ Witness

____________________________________________ Witness

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Theoretical Case

 The following theoretical case is provided for educational purpose to view the proper procedures that could be used to  confront a charge of a class C misdemeanor offense punishable by fine only:

TRAFFIC STOP  A man is stopped by a police officer and the officer writes a citation for expired license plates and expired inspection sticker.  The accused has two choices at this time: 1. Demand to be taken immediately before s magistrate pursuant to VTCS 6701d, Sec. 148, TCCP Articles 14.06 & 15.17. 2. Sign the citation and promise to appear before a magistrate at a later date pursuant to VTCS 6701d, Sec. 148, TCCP Article 14.06. This theoretical case will deal with the later situation of being allowed to sign and promise to appear at a later date before a magistrate.

THE NOTICE  Sign the citation and go on your way.  As soon as possible prepare a constructive notice similar to that in Appendix A, Figure 1.  Examples are given of two constructive notices listed in Appendix A, Figure 1 is designed for the appearance before a magistrate.  This gives the proper notice to the magistrate that you will be coming and informs him that you are aware of the ministerial duties that he is required to perform.  It demands that those duties be performed.

THE APPEARANCE  When the accused appears, the appearance is for a specific purpose.  An attempt by the magistrate will probably be made to change the purpose of this appearance.  All the accused is required to do is demand to be magistrated and is required to give his name and address, nothing more.  No other information is required by law and the right to silence should be maintained except the demand to be magistrated.  A signature should never be issued for any reason except for a future appearance in the county court.  Some magistrates will not even show their face and will hide in their office. Others will attempt to distract the accused into accepting something other than what is required by law.  The accused should leave the court if the duties of the magistrate are not performed.  If they attempt to make an arrest for leaving, the accused should again demand to be magistrated for the arrest that was just made and the process starts all over again.

THE SECOND NOTICE  When forty-eight hours have passed after appearing before the magistrate, the second constructive notice in Figure 2, Appendix A, should be prepared and mailed certified mail to the magistrate. This notices the magistrate that the accused did not appear before him and that the law has performed his duties for him, because of his neglect to do so.

 At this time, the accused has received a full acquittal under the law pursuant to Texas Code of Criminal Procedure 16.17. Any reprisals taken by anyone within the office of the magistrate which includes the magistrate himself can result in serious criminal charges being filed against him and carries long prison terms if convicted.

Appendix A, figure 1 Constructive Notice for the first appearance

CERTIFIED MAIL NO: _______________________

IN THE __________________________ COURT

____________________COUNTY, TEXAS

THE STATE OF TEXAS,   §        § V.      §  CAUSE NO. __________________       § _____________________   § name      §

CONSTRUCTIVE NOTICE

To the magistrate or the presiding magistrate:

In the above numbered causes #’s ______________  wherein the accused is charged with a fine only, Class C misdemeanor(s), notices the magistrate that the accused will appear as promised on the citation(s) and demands to be brought before a magistrate in the county arrested and no other officer pursuant to the Texas Code of Criminal Procedure Articles 14.06, and 15.17 and pursuant to Vernon’s Texas Civil Statutes Article 6701d, Section 148.

The following points and authorities are furnished for the presiding magistrate to make a clear decision as to his or her duties:

Article 14.06 – Must take offender before magistrate (a) Except as provided by Subsection (b), in each case enumerated in this Code, the person making the arrest shall take the person arrested or have him taken without unnecessary delay before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, if necessary to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in a county bordering the county in which the arrest was made. The magistrate shall immediately perform the duties described in Article 15.17 of this Code. (b) A peace officer who is charging a person with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.

Acts 1965, 59th Leg., vol.2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, § 10, eff. Aug. 28, 1967; Acts 1987, 70th Leg., ch. 455, § 1, eff. Aug. 31, 1987; Acts 1991, 72nd Leg., ch. 84, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.05, eff. Sept. 1, 1994.

Article 15.17 – Duties of arresting officer and magistrate (a) In each case enumerated in this Code, the person making the arrest shall without unnecessary delay take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, if necessary to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in a county bordering the county in which the arrest was made. The arrested person may be taken before the magistrate in person or the image of the arrested person may be broadcast by closed circuit television to the magistrate. The magistrate shall inform in clear language the person arrested, either in person, or by closed circuit television, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, of his right to request the appointment of counsel if he is indigent and cannot afford counsel, and of his right to have an examining trial. He shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall admit the person arrested to bail if allowed by law. A closed circuit television system may no be used under this subsection unless the system provides for a two-way communication of the image and sound between the arrested person and the magistrate. A recording of the communication between the arrested person and the magistrate shall be made. The recording shall be preserved until the earlier of the following dates: (1) the date on which the pretrial hearing ends; or (2) the 91st day after the date on which the recording is made if the person is charged with a misdemeanor or the 120th day after the date on which the recording is made if the person is charged with a felony, The counsel for the defendant may obtain a copy of the recording on payment of a reasonable amount to cover costs of reproduction. (b) After an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) of this article and the magistrate has identified the accused with certainty, the magistrate may release the accused without bond and order the accused to appear at a later date for arraignment in the county court or statutory county court. The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order. The accused shall receive a copy of the order on release. If an accused fails to appear as required by the order, the judge of the court in which the accused is required to appear shall issue a warrant for the arrest of the accused. If the accused is arrested and brought before the judge, the judge may admit the accused to bail, and in admitting the accused to bail, the judge should say as the amount of bail an amount double that generally set for the offense for which the accused was arrested. This subsection does not apply to an accused who has previously been convicted of a felony or a misdemeanor other than a misdemeanor punishable by fine only. (c) When a deaf accused is taken before a magistrate under this article or Article 14.06 of this Code, an interpreter appointed by the magistrate qualified and sworn as provided in Article 38.31 of this Code shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language. (d) If a magistrate determines that a person brought before the magistrate after an arrest authorized by Article 14.051 of this code was arrested unlawfully, the magistrate shall release the person from custody. If the magistrate determines that the arrest was lawful, the person arrested is considered a fugitive from justice for the purposes of Article 51.13 of this Code, and the disposition of the person is controlled by that article.

Acts 1965, 59th Leg., vol.2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, § 12, eff. Aug. 28, 1967; Acts 1979, 66th Leg., p. 398,ch. 186, § 3, eff. May 15, 1979; Acts 1987, 70th Leg., ch. 455, § 2, eff. Aug. 31, 1987;  Acts 1989, 71st  Leg., ch. 467, § 1, eff. Aug. 28, 1989; Acts 1989, 71st  Leg., ch. 977, § 1, eff. Aug. 28, 1989; Acts 1989, 71st  Leg., ch. 997, § 3, eff. Aug. 28, 1989;  Acts 1991, 72nd  Leg., ch. 16, § 19.01(2), eff. Aug. 26, 1991.

It is a violation of the law for any magistrate to willfully and knowingly create a deviation from those duties as outline above, and will not be tolerated by the accused.  The accused has a right to due process of law and will defend that right.

If the arresting officer or magistrate or presiding magistrate fails to comply with the requirements above, he/she will force the accused to seek Mandamus and other remedies such as, and not limited to, civil action pursuant to Title 28 USCS and Title 42 USCS in the federal courts.

___________________________________ NAME

  1. ___________________________________  ADDRESS  ___________________________________   ___________________________________   ___________________________________

Sworn to and subscribed before me this ________________ day of _______________, 20___

Notary Public ___________________________________        My Commission Expires: _________________________

Appendix A, figure 2 Second Constructive Notice

CERTIFIED MAIL NO: _______________________

IN THE __________________________ COURT

____________________COUNTY, TEXAS

THE STATE OF TEXAS,   §        § V.      § CAUSE NO. __________________       § _____________________   § name      §

CONSTRUCTIVE NOTICE

To the magistrate or the presiding magistrate:

A COPY OF THE PREVIOUS NOTICE AND THIS NOTICE IS BEING FORWARD TO THE ___________________ COUNTY COMMISSIONERS COURT FOR REVIEW!

On ________________, 20___, the accused did appear with Next Friend(s) ______________________ ________________________________, pursuant to the Texas Penal Code, Chapter 38.10, Vernon’s Texas Civil Statutes, Article 6701d, Section 148 and The Texas Code of Criminal Procedures, Article 14.06 and 15.17. The magistrate nor any other presiding magistrate performed any duties of a magistrate pursuant to T.C.C.P. 15.17 or ordered the accused to appear at a later date for arraignment in the county court or statutory county court. The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order pursuant to the T.C.C.P. Article 15.17, Section (b). Pursuant to the failure on the part of the magistrate or presiding magistrate to issue such order, the law is self operative and finds no probable cause pursuant to the T.C.C.P. Article 16.17.

Article 16.17 – Decision of Judge After the examining trial has been had, the judge shall make an order committing the defendant to jail of the proper county, discharging him, or admitting him to bail, as the law and facts of the case may require. Failure of the judge to make or enter an order within 48 hours after the examining trial has been completed operates as a finding of no probable cause and the accused shall be discharged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Texas Code of Criminal Procedure, Article 2.09 – Who are magistrates: Each of the following officers is a magistrate within the meaning of this Code:  The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeal, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, <FN1> the magistrates appointed by the judges of the district courts of Lubbock County or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the masters appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the justices of the peace, the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.

Acts 1965, 59th Leg., vol.2, p. 317, ch. 722. Amended by Acts 1981, 67th Leg., p. 801, ch. 291, § 100, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 883,ch. 204, § 1, eff. Aug. 29, 1983;  Acts 1989, 71st  Leg., ch. 25, § 2, eff. Aug. 28, 1989; Acts 1989, 71st  Leg., ch. 79, § 1, eff. May 15, 1989; Acts 1989, 71st  Leg., ch. 916, § 1, eff. Sept. 1, 1989;  Acts 1989, 71st  Leg., ch. 1068, § 2, eff. Aug. 28, 1989; Acts 1991, 72nd  Leg., ch. 16, § 4.01, eff. Aug. 26, 1991; Acts 1993, 73st  Leg., ch. 224, § 2, eff. Aug. 30, 1993; Acts 1993, 73st  Leg., ch. 413, § 1, eff. Sept. 1, 1993; Acts 1993, 73st  Leg., ch. 468, § 1, eff. June 9, 1993; Acts 1993, 73st  Leg., ch. 557, § 2, eff. Aug. 30, 1993.

Upon the failure of the magistrate or the presiding magistrate to follow these procedures, the law provides for the accused to have an extraordinary remedy against the magistrate or presiding magistrate and the County of ___________________ for which he/she represents.

If the magistrate or the presiding magistrate participates in any follow-up actions that are detrimental and against the accused, knowing in advance that the law is self-executing for failure to act and issue such order contrary thereto. He/she is committing an illegal act and the denial of constitutional rights of the accused and this will not be tolerated. Furthermore, such actions would constitute a violation of OATH of office.

___________________________________ NAME

  1. ___________________________________  ADDRESS  ___________________________________   ___________________________________   ___________________________________

Sworn to and subscribed before me this ________________ day of _______________, 20___

Notary Public ___________________________________        My Commission Expires: _________________________

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JUDGES

NOTE:  Always be respectful to all Judges.  It is best to ask how the judge would like to be addressed in court, at the beginning.  It serves no purpose to get the judge mad; he will do that on his own.  Remember, they (the judges) have been instructed (by the seminars they go to) that they can LIE to you, because you have the right to Appeal.  Never believe anything a judge or prosecutor says (always Object to everything), get everything in writing, that is possible, but don’t push it.  Just make an Affidavit of what happened, afterwards. Remember that a court of Non-Record means NOTHING to you unless you get a dismissal.  When you appeal to a court of record, they act as though nothing happened before, which it really didn’t.  So don’t worry about it, it’s just time and money of which you also took from the court, by where you did your job.  This is cheep training, for something major that might come along in the future.  If you are doing this to save money and time, you didn’t read the beginning of this document very well.

In a court or trial setting, you may be able to request the judge’s book or evidence file in open court before the jury.  This will allow them to be put into evidence.  Generally, all evidence needs to be put in during open court.  And if the judge refuses or denies anything, the jury will see that, anyway. 

A Judge’s duty is either Judicial, Administrative, Ministrative or Ministerial  He can do only one.  You must show what he was suppose to do and prove what he did or did not do in his capacity.

The main No-No for a judge is Abuse of Discretion.

Abuse of Discretion

Texaco, Inc. v. Zah, 5 F.3d 1374, 1376 (10th          Cir. 1993)(citing United States v. Plainbull, 957 F.2d 724, 725 (9th Cir. 1992)), aff'd after remand, Texaco, Inc. v. Hale, 81 F.3d 934 (10th Cir. 1996).  Under this standard the district court abuses its discretion " if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of material fact." 

United States v. Bank of New York & Trust Co., 296 U.S. 463, 480 (1936) ("Even  where the District Court has acquired jurisdiction prior to state proceedings, the character and adequacy of the latter proceedings . . . may require in the proper exercise of the discretion of the federal court that jurisdiction should be relinquished in favor of state administration.").

"[T]he grant of jurisdiction to the District Court in suits brought by the United States does not purport to confer exclusive jurisdiction," Bank of New York , 296 U.S. at 479, and "leaves open the question of the propriety of its exercise in particular circumstances," id. at 480; see also Gulf Offshore Co. v. Mobil Oil Corp., 453 U.S. 473, 479 1981)("[T]he mere grant of jurisdiction to a federal court does not operate to oust a state court from concurrent jurisdiction over the cause of action.").

ALSTON v. DEBRUYN (No. IP 91 C 1269 Seventh Circuit US Court of Appeals)      CUMMINGS, Circuit Judge. Byron Alston, an Indiana  state inmate, appeals the dismissal of his civil rights com-  plaint as frivolous under 28 U.S.C. sec. 1915(d). This appeal  questions the propriety of that dismissal, which was with  prejudice and without leave to amend the complaint. We  conclude that the district court abused its discretion in  dismissing the complaint because Alston raised colorable  claims and should have had the opportunity to cure the  complaint's shortcomings by amendment. 

The "abuse of discretion" standard simply means that we shall not second-guess the decision of a trial judge that is in conformity with established legal principles and, in terms of its application of those principles to the facts of the case, is within the range of options from which one could expect a reasonable trial judge to select. United States v. Koen, 982 F.2d 1101, 1114 (7th Cir. 1992).

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PROSECUTORS LIAR, LIAR, Pants on Fire !!! NOTE: It is Prosecutor's duty and obligation to give you the exculpatory evidence.

In any trial, (ask to) put the prosecutor on the witness stand.  He’ll refuse, but the jury will see it!!  (He likely can’t witness because he works for the State, but it’s a way to wind them up.)

Meshell v. State 739 S.W.2d 246 - "County attorney, having been granted exclusive right within judicial department to represent State in all cases in the district and inferior courts, is protected from legislative encroachment on his prosecutorial discretion by the separation of powers."  "Under separation of powers doctrine, legislature may not remove or abridge district or county attorneys' exclusive prosecutorial function unless authorized by express constitutional provision."  "Once a defendant has raised a claim under the Act, the State must respond with proof of its readiness for trial."  "A defendant may only appeal those grounds either raised in a written pretrial motion or appealed by permission of the trial court."  "He, a judge, cannot ignore facts which bring into play laws he does not personally approve , or disregard certain laws in order to reach a desired result in a particular case..."

State Board of Dental Examiners v. Bickham 203 S.W.2d 563 - "The Constitutional authority of county attorneys to represent the state in all cases in district and inferior courts cannot be abridged or taken away and the state may not be represented in such courts by any person other than county or district attorney unless such officer joins therein."

  1. Art. 2.01 Duties of the District Atty.: It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.   NOTE: The County Attorney and not the city attorney must represent the State in JP, County & Municipal Criminal Cases.
  2. Art. 2.02.  [26] [32] [33] Duties of county attorneys. The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county; and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court.  He shall represent the State in cases he has prosecuted which are appealed.

NOTE: Notice, above, the word ‘ALL’.

Art. 2.03.  [27] [33] [34] Neglect of duty.   (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge.   (b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.

NOTE: Document as described by 2.04 must be in the case file or Judge ca not consider it! According  to this code, the Judge and the Court are not vested with jurisdiction!

TCCrP Art. 2.04.  [28] [34] [35] Shall draw complaints. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney.

TCCrP - Article 45.09 Officers' Fees Unless provided by special charter, the governing body of each city, town or village by ordinance shall prescribe the compensation and fees which shall be paid to the recorder, city attorney, city secretary and other officers of said court, to be paid out of the municipal treasury.  1. City Attorney   A city attorney is not entitled to fees for prosecuting criminals in the recorder's court in a county that has a county attorney. Harris County v. Stewart (1898) 17 C.A. 1, 43 S.W. 52.  2. County Attorney   The county attorney has the exclusive right to appear in person or by deputy, and represent the state in all cases pending in a corporation court to which the state is a party, but he is entitled to no fees for so doing. Howth v. Greer (1907) 40 C.A. 552, 90 S.W. 212, 213.

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CLERKS

NOTE: Clerks have a duty, like all public servants.  They have to file a bribery statement with the Secretary of State and have an Oath of office filed.  Here are a few things to keep in mind or have easy reference to.

CIVIL PRACTICE AND REMEDIES CODE   CHAPTER 7.  LIABILITY OF COURT OFFICERS    SUBCHAPTER A.  LIABILITY OF OFFICER Sec. 7.001.  Liability for Refusal or Neglect in Performance of Official Duties. (a) A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under Title 42, Revised Statutes, or under a provision of this code derived from that title is liable for damages in a suit brought by a person injured by the officer's neglect or refusal. (b) The officer may be punished for contempt of court for neglect or refusal in the performance of those duties.

Sec. 16.033.  Technical Defects in Instrument. (a) A person with a right of action for the recovery of real property conveyed by an instrument with one of the following defects must bring suit not later than four years after the day the instrument was recorded with the county clerk of the county where the real property is located:  (1) lack of the signature of a proper corporate officer, partner, or company officer, manager, or member;  (2) lack of a corporate seal;  (3) failure of the record to show the corporate seal used;  (4) failure of the record to show authority of the board of directors or stockholders of a corporation, partners of a partnership, or officers, managers, or members of a company;  (5) execution and delivery of the instrument by a corporation, partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;  (6) acknowledgment of the instrument in an individual, rather than a representative or official, capacity;  (7) execution of the instrument by a trustee without record of the authority of the trustee or proof of the facts recited in the instrument;  (8) failure of the record or instrument to show an acknowledgment or jurat that complies with applicable law; or  (9) wording of the stated consideration that may or might create an implied lien in favor of the grantor.

Sec. 17.024.  Service on Political Subdivision. (a) In a suit against a county, citation must be served on the county judge. (b) In a suit against an incorporated city, town, or village, citation may be served on the mayor, clerk, secretary, or treasurer. (c) In a suit against a school district, citation may be served on the president of the school board or on the superintendent.

Sec. 17.027.  Preparation and Service. (a) The plaintiff or his attorney may prepare the appropriate citation for the defendant. (b) The citation must be in the form prescribed by the Texas Rules of Civil Procedure. (c) The citation shall be served in the manner prescribed by law. (d) The plaintiff or his attorney shall comply with the applicable Texas Rules of Civil Procedure governing preparation and issuance of citation. (e) The clerk may charge a fee for the issuance of a citation except that the affixing of a seal shall not constitute issuance.  The clerk shall not charge for signing his name and affixing the seal to a citation prepared by a plaintiff or his attorney under this section.

      CHAPTER 18.  EVIDENCE     SUBCHAPTER A.  DOCUMENTARY EVIDENCE Sec. 18.001.  Affidavit Concerning Cost and Necessity of Services. (d) The party offering the affidavit in evidence or the party's attorney must file the affidavit with the clerk of the court and serve a copy of the affidavit on each other party to the case at least 30 days before the day on which evidence is first presented at the trial of the case. (e) A party intending to controvert a claim reflected by the affidavit must file a counter affidavit with the clerk of the court and serve a copy of the counter affidavit on each other party or the party's attorney of record:  (1) not later than:   (A) 30 days after the day he receives a copy of the affidavit; and   (B) at least 14 days before the day on which evidence is first presented at the trial of the case; or (2) with leave of the court, at any time before the commencement of evidence at trial.

Sec. 51.002.  Certiorari From Justice Court. (a) After final judgment in a case tried in justice court in which the judgment or amount in controversy exceeds $20, exclusive of costs, a person may remove the case from the justice court to the county court by writ of certiorari. (b) In a county in which the civil jurisdiction of the county court has been transferred from the county court to the district court, a person may remove a case covered by this section from the justice court to the district court by writ of certiorari. (c) If a writ of certiorari to remove a case is served on a justice of the peace, the justice shall immediately make a certified copy of the entries made on his docket and of the bill of costs, as provided in cases of appeals, and shall immediately send them and the original papers in the case to the clerk of the county or district court, as appropriate. (d) This section does not apply to a case of forcible entry and detainer.

Texas Code of Criminal Procedure Art. 30.05.  [556] [620-622] Record made by clerk.   When a special judge is agreed upon by the parties, elected, or appointed as herein provided, the clerk shall enter in the minutes as a part of the proceedings in such cause a record showing: 1.  That the judge of the court was disqualified, absent, or disabled to try the cause; 2.  That such special judge (naming him) was by consent of the parties agreed upon, or elected or appointed; 3.  That, in addition to any oath previously taken, the oath of office prescribed by law for the special judge, including a special judge who is a retired, former, or active judge, was duly administered to such special judge.

Art. 33.07.  Criminal docket.   Each clerk of a court of record having criminal jurisdiction shall keep a docket in which shall be set down the style and file number of each criminal action, the nature of the offense, the names of counsel, the proceedings had therein, and the date of each proceeding.

Art. 35.25.  [636] [711] [691] Making peremptory challenge.  In non-capital cases and in capital cases in which the State's attorney has announced that he will not qualify the jury for, or seek the death penalty, the party desiring to challenge any juror peremptorily shall strike the name of such juror from the list furnished him by the clerk.

   JUSTICE AND CORPORATION COURTS  CHAPTER FORTY-FIVE—JUSTICE AND CORPORATION COURTS Art. 45.01.  [867] Complaint.   Proceedings in a municipal court shall be commenced by complaint, which shall begin:  "In the name and by authority of the State of Texas"; and shall conclude:  "Against the peace and dignity of the State"; and if the offense is only covered by an ordinance, it may also conclude: "Contrary to the said ordinance".  The municipal judge shall charge the jury when requested in writing by the defendant or his attorney.  Complaints before such court may be sworn to before any officer authorized to administer oaths or before the municipal judge, clerk of the court or his deputy, city secretary, city attorney or his deputy, each of whom, for that purpose, shall have power to administer oaths.

  1. 45.02.  [868] Seal. (a) The said court shall have a seal with a star of five points in the center and the words "Corporation Court in __________ Texas", the impress of which shall be attached to all papers issued out of said court except subpoenas, and shall be used to authenticate the official acts of the clerk and of the recorder.
  2. 45.49.  [916] [1011] [976] Judgments in open court. (a) All judgments and sentences and final orders of the justice shall be rendered in open court and entered upon his docket. (b) The clerk of the court shall note the date a judgment is entered on a docket.

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OATHS

Article 16, Section 1 of the Texas Constitution Sec. 1.  OFFICIAL OATH.  (a) All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: "I, _______________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God." (b)  All elected or appointed officers, before taking the Oath or Affirmation of office prescribed by this section and entering upon the duties of office, shall subscribe to the following statement: "I, _______________________, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God." (c)  Members of the Legislature, the Secretary of State, and all other elected and appointed state officers shall file the signed statement required by Subsection (b) of this section with the Secretary of State before taking the Oath or Affirmation of office prescribed by Subsection (a) of this section.  All other officers shall retain the signed statement required by Subsection (b) of this section with the official records of the office.  (Amended Nov. 8, 1938, and Nov. 6, 1956; Subsecs. (a)-(c) amended and (d)-(f) added Nov. 7, 1989; Subsecs. (a) and (b) amended, Subsecs. (c) and (d) deleted, and Subsecs. (e) and (f) amended and redesignated as Subsec. (c) Nov. 6, 2001.)  (TEMPORARY TRANSITION PROVISION for Sec. 1: See Appendix, Note 3.

TEXAS ASSOCIATION OF COUNTIES, 1210 San Antonio, Austin, Texas 78701 OUTLINE OF OFFICIAL OATH AND BOND REQUIREMENTS To get a copy of the entire document visit the web site at www.county.org Below is found on page 2 of the county document. "Section 601.008(c), Texas Government Code provides that the official acts of a person who fails to qualify as an officer are void. Additionally, a person who has not qualified for office is not entitled to receive payment as the officer or exercise the powers or jurisdiction of the office. Without having qualified for office, a person has no right to the position."

Texas Government Code Sec. 25.0017. Visiting Judge to Take Oath (a) A person who is a retired or former judge shall, before accepting an assignment as a visiting judge of a statutory county court, take the oath of office required by the constitution and file the oath with the regional presiding judge. (b) A regional presiding judge shall maintain a file containing the oaths of office filed with the judge under Subsection (a). (c) A retired or former judge may be assigned as a visiting judge of a statutory county court only if the judge has filed with the regional presiding judge an oath of office as required by this section.

Added by Acts 1995, 74th Leg., ch. 456, Sec. 3, eff.  Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 960, Sec. 1, eff. Sept. 1, 1999.

Sec. 25.0018. Record When a retired or former judge is appointed as a visiting judge, the clerk shall enter in the minutes as a part of the proceedings in the cause a record that gives the visiting judge’s name and shows that: (1) the judge of the court was disqualified, absent, or disabled to try the cause; (2) the visiting judge was appointed;  and (3) the oath of office prescribed by law for a retired or former judge who is appointed as a visiting judge was duly administered to the visiting judge and filed with the regional presiding judge.

Added by Acts 1995, 74th Leg., ch. 456, Sec. 3, eff.  Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 782, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 960, Sec. 2, eff. Sept. 1, 1999.

"Because Judge Woodard was required to take the constitutional oaths, but did not do so, all judicial actions taken by him in the case below were without authority. *fn27 The Judgment Nisi therefore is without effect." "Appeals has held in a similar situation, involving an "alternative" municipal Judge who had never taken the oaths of office, that: "without the taking of the oath prescribed by the Constitution of this State, one cannot become either a de jure or de facto Judge, and his acts as such are void."" Prieto Bail Bonds v. State, 994 S.W.2d 316 (Tex.App. Dist.8 05/27/1999)

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PUBLIC INFORMATION ACT

NOTE: Best Thing since sliced bread. Some people out of Austin with a group named Common Cause of Texas (http://www.ccsi.com/~comcause/index.html#top) got this passed for us to use to keep tabs on the public servants. Use it as often as you can.  If a public servants tries to make you do something you don’t like.  File a request for information and see where in the constitution allows them to do this to you.  The rule, policy, requirement, demand or other persuasion has to have some paper trail leading back to the constitution to have any force and effect upon you.  Remember Article 3, Section 30 of the Texas Constitution.  Look for it in this documentation and find out how laws are made applicable to you.

THE ROLE OF THE ATTORNEY GENERAL.  The Attorney General is responsible for ensuring that Texas government is open and accessible to all citizens.  Several divisions of the agency are involved in this effort.  The Open Records Division decides which records are open to the public under state law, takes action to enforce these decisions, and sponsors conferences that educate public officials about our state's open government laws.  The Municipal Affairs Division and the County Affairs Section give legal advice to local government agencies and officials. The Attorney General provides an Open Records Hotline: (512) 478-OPEN OPEN RECORDS MADE EASY.  Each year, the Municipal Affairs Division of the Attorney General's Office produces a publication that addresses certain key issues that city officials face in their day-to-day operations.  This article provides answers in lay person's terms to the most frequently asked questions regarding the Open Records Act.

The stakes are high for city officials that handle open record requests.  There are strict time lines for making determinations on what records to release and city officials must make such decisions knowing that there are potential criminal penalties if the city releases information that is considered confidential under state law.  Similarly, city officers face criminal penalties if they refuse to release information that is considered open to the public. In a question-and-answer format, this article will provide guidance to city officials on the most frequently asked questions on the Texas Open Records Act (sometimes referred to as the "Public Information Act").  For example, the article addresses:  the types of records and entities that fall under the Act; the time deadlines and mandatory notices that apply when a city handles an open records request; and when a city is required to ask for an Attorney General open record ruling.  Additionally, the article covers: what inquiries can be made of a requestor; whether a city must perform research or compile statistics pursuant to open record requests; how a city can deal with requests that may be made for harassment purposes; what information is generally confidential; the ability to release information within police records; information that can be withheld regarding pending or anticipated litigation; the ability to charge for copies of and access to public information; and finally, the penalties and enforcement remedies under the open records laws. For additional copies of this article or for assistance on other municipal law issues, please do not hesitate to contact the Municipal Affairs Division of the Office of the Attorney General.  The Municipal Affairs Division can be reached at (512) 475-4683.

  1. The Public Information Act lists 18 categories of information that are considered public by their very nature, including completed audits and reports, information about public employees and officials, contracts, tax information, agency organization charts, rules and opinions, policy statements and procedural manuals.  S.B. 1851 mandates that this information must always be disclosed to the public, unless specifically made confidential by another law. Other changes made by S.B. 1851 and other new state laws include: • My office now has authority to maintain uniformity in the application, operation and interpretation of the Public Information Act.  This will help reduce confusion and disagreement over what is public and what is not. • All governmental bodies must post a sign informing the public of its basic rights under the Public Information Act.  The signs will start going up early in the new year. • Compliance with open records laws will be examined each time a state agency is reviewed by the Sunset Commission. • Information related to lawsuits involving a public agency or official is only shielded from disclosure if the litigation is pending or reasonably expected at the time the request was filed. • All of the provisions of the Public Information Act that apply to school districts also apply to open-enrollment charter schools. • Affidavits filed in support of a search warrant must be made public once the warrant has been executed. Government agencies sometimes use alternative dispute resolution (ADR) procedures to resolve legal matters involving private individuals and organizations.  Under the law, a final written ADR agreement signed by a governmental body is now a public record. Various records relating to the employment of executive heads of state agencies are now public. These include consulting service contracts, records relating to reassignment of the executive, and financial payments made to a former executive director. If the Comptroller of Public Accounts produces a report which is subject to disclosure, it must be promptly published on the agency's Internet website.  And public information that is filed or recorded electronically by a county clerk must be provided to the public in such a way that it can be accessed via commonly used software, such as a word processing or spreadsheet program.   Information Requests By Citizens. S.B. 1851 made important changes in the procedures for requesting public records.  If the cost of responding to a request is over $40, the governmental body must give you an itemized estimate of the charges. If a less costly way of producing the information is available, the estimate must say so. If the actual charges are higher than the estimate, the governmental entity must either prepare an updated estimate or opt to charge no more than 20% more than the original estimate.  After getting the estimate, you must provide an address where the information can be sent.  If this is not done within 10 days, the request is automatically withdrawn. Large public entities may require a deposit if the total charges will exceed $100.00.  Smaller governmental entities may ask for a deposit if the charges will total more than $50.  These entities may also require a deposit if you owe more than $100 for previous open records requests.  You may be charged an inspection fee when the records are more than five years old or fill six or more archive boxes (three years old for small agencies).  Governmental bodies may ask for advance payment of postage and copying costs before sending requested information by mail. Sometimes, people file the same open records requests over and over again.  To help control costs, a governmental entity may respond to a repetitious request with a letter stating that the information has already been provided, instead of creating a new copy of the information. If a governmental body believes that information requested under the Public Information Act is exempt from disclosure, it must ask for a decision on the matter from the Attorney General. Under S.B. 1851, my office now has 45 days to determine whether the information should be disclosed.  In addition, the governmental entity must notify you that an opinion has been requested.  A governmental body may not request a new decision when my office or a court has already decided that the information must be released. S.B. 1851 also creates a new procedure for filing a civil suit against a government body that violates the Public Information Act.  If you believe a local public entity has violated the Act, you may file a written complaint with your local district or county attorney.  If the violation involves a state agency, you must file a complaint with the Travis County District Attorney.  Within 31 days, the prosecutor must decide whether a violation has occurred and whether to file a lawsuit.  If a violation has taken place, the governmental body must be given three days to make amends before being sued.  If the local prosecutor chooses not to take action, you may refile the complaint with my office.

EXAMPLE

Texas Public Information Act Request

TO:  ____________________________________________________________________  ____________________________________________________________________  ____________________________________________________________________

FROM: ____________________________________________________________________  ____________________________________________________________________  ____________________________________________________________________

RE:  Formal request for the production of documents.

AUTHORITY: Texas Public Information Act Request pursuant to Texas Government Code § 552

Dear Sir:

 Under the Chapter 552, Public Information of the Texas Government Code as stated: Sec. 552.001.  Policy; Construction.  (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.  The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.  The people insist on remaining informed so that they may retain control over the instruments they have created.  The provisions of this chapter shall be liberally construed to implement this policy.  (b) This chapter shall be liberally construed in favor of granting a request for information. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

In response to _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Further:

This is to assure you, that I will comply with Section 552.122; as you are to comply with Section 552.261 and, for documents in excess of 50 pages, Section 552.271.  These documents should be delivered to the stated above (FROM) address.

I request no "speculative or hypothetical legal opinion". I request no "creation of documents", "legal research", opinion or advice.  I request the documents showing the authority of all actions stated herein. If no documents are responsive to any document request, please indicate so in your written response.  DOCUMENTS BEING REQUESTED:

COPIES OF ALL DOCUMENTS that are in your possession, under your control, or within your system of records, such documents that would indicate or specify:

_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Texas Public Information Act Remedy for Failure to Comply

Sec. 552.353.  Failure or Refusal of Officer for Public Information to Provide Access to or Copying of Public Information. (a) An officer for public information, or the officer's agent, commits an offense if, with criminal negligence, the officer or the officer's agent fails or refuses to give access to, or to permit or provide copying of, public information to a requestor as provided by this chapter. (b) It is an affirmative defense to prosecution under Subsection (a) that the officer for public information reasonably believed that public access to the requested information was not required and that the officer:  (1) acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record or of the attorney general issued under Subchapter G;  (2) requested a decision from the attorney general in accordance with Subchapter G, and the decision is pending; or  (3) not later than the 10th calendar day after the date of receipt of a decision by the attorney general that the information is public, filed a petition for a declaratory judgment, a writ of mandamus, or both, against the attorney general in a Travis County district court seeking relief from compliance with the decision of the attorney general, and a petition is pending. (c) It is an affirmative defense to prosecution under Subsection (a) that a person or entity has, not later than the 10th calendar day after the date of receipt by a governmental body of a decision by the attorney general that the information is public, filed a cause of action seeking relief from compliance with the decision of the attorney general, and the cause is pending. (d) It is an affirmative defense to prosecution under Subsection (a) that the defendant is the agent of an officer for public information and that the agent reasonably relied on the written instruction of the officer for public information not to disclose the public information requested. (e) An offense under this section is a misdemeanor punishable by:  (1) a fine of not more than $1,000;  (2) confinement in the county jail for not more than six months; or  (3) both the fine and confinement. (f) A violation under this section constitutes official misconduct. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 25, eff. Sept. 1, 1995.

If you cannot produce this public information for inspection or duplication within 10 calendar days after the date of receiving this request, you shall so certify to me in writing and set a date and hour within a reasonable time when the information will be available for inspection, duplication, or be mailed to me per § 552.221 and § 552.308.

You shall treat this request for information uniformly without regard to the position of the person who signs this request per § 552.223.      Sincerely,

     ______________________________________________       

cc: Attorney General Greg Abbott  P.O. Box 12548  Austin, Texas  78711

CERTIFIED MAIL # ______________________________

DATE SENT ______________________

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OPEN MEETINGS ACT

NOTE: Just some more information about public servants and their meeting.  When you’re the King, you need to be able to watch over your servants.

OPEN MEETINGS MADE EASY.  Each year, the Attorney General’s Municipal Advisory Committee asks the Attorney General’s Office to produce a publication that addresses certain key issues that city officials face in their day-to-day operations.  In a question-and-answer format, this article covers the most frequently asked questions on the Texas Open Meetings Act.1.  For example, the article addresses:  when the Open Meetings Act generally applies, what constitutes reasonable notice of the subject matter of an open meeting, the application of the Act to informal gatherings of the city council, and the limited right of individual council members to place items on an agenda.  Additionally, the article covers what are permissible subjects for executive sessions, who may attend an executive session, and the appropriate handling of a certified agenda.  Finally, the article addresses the ability to “ratify” an action, civil enforcement of the Open Meetings Act, and criminal penalties for certain Open Meetings Act violations. The stakes are high for city officials.  Texas courts have ruled that in certain cases, a local public official can be convicted of participating in an illegal closed meeting even though the official may have believed at the time that the closed meeting was authorized.  City officers can also face criminal penalties if they attempt to avoid open meetings requirements by meeting in numbers of less than a quorum for the purpose of secret deliberations about city business. An article available will attempt to provide answers in lay person’s terms to the most frequently asked questions regarding the Open Meetings Act.  Copies of this article can be obtained by calling the Municipal Affairs Division of the Attorney General’s Office at (512) 475-4683.

I. Application of the Open Meetings Act When does the Open Meetings Act generally apply? The Open Meetings Act (OMA) generally applies when a quorum of a governmental body is present and discusses public business.  However, it does not apply to purely social gatherings or to the attendance of public officials at conferences or training if no formal actions are taken and if the discussion of public business is only incidental at such events.

What is the relationship between the Open Meetings Act and the Open Records Act?  The Open Meetings Act and the Open Records Act are both intended to make government more accessible to the public.  However, the two are completely separate statutes, and each operates independently of the other.  The mere fact that a city may be able to withhold a document from the public under the Open Records Act does not mean that the city council has authority to meet in executive session regarding the subject covered in that document.  Likewise, the fact that the Open Meetings Act allows a city council to have an executive session about a particular topic does not mean that documents reviewed in the executive session may be withheld from the public.

III. Effect of Quorum Provisions on Open Meetings Act Issues General Quorum Provisions Managing Discussions at an Open Meeting What right does the public have to speak on a particular agenda item? The Open Meetings Act allows the public to observe the open portion of a city council meeting.  However, the Texas Attorney General has concluded that the Open Meetings Act does not give members of the public a right to speak on items considered at an open meeting.  Such a right only exists if a specific state law requires a public hearing on that item or if state law requires that public comment be allowed on that issue.  If a city allows members of the public to speak on an item at a council meeting, the council may adopt reasonable rules regulating the number of speakers on a particular subject and the length of time allowed for each presentation.  However, the city council must apply its rules equally to all members of the public. What is the general distinction between a public hearing and an open meeting? A city council is generally not required by the Open Meetings Act to allow members of the public to speak on regular agenda items at an open meeting.  However, during a public hearing, members of the public must be given a reasonable opportunity to speak. Another difference between public hearings and general open meetings is the type of notice that must be provided.  Many statutes which require a public hearing also require that special notice of the hearing be given.  For instance, when a city is going to have an annexation hearing under section 43.052 of the Texas Local Government Code, it must publish notice of the hearing in a newspaper at some time between ten and twenty days before the hearing.  On the other hand, the only notice generally required for a regular open meeting is the 72-hour posted notice at city hall. Keeping a Record of Open Meetings What duty does a city have to produce minutes of open meetings? A city must either keep minutes or make a tape recording of every open meeting.  If the governmental body chooses to keep minutes rather than make a tape, state law requires that the minutes state the subject of each deliberation and indicate every action that is taken. What access does the public have to the minutes of an open meeting? The minutes or tape recording of an open meeting are open to the public and must be available for inspection and for copying.  It should be noted that exceptions to required public disclosure in the Open Records Act do not apply to the minutes or recording of an open meeting.  The city must permanently retain copies of its minutes for its meetings.  However, the city is not required by state law to publicly post the minutes of an open meeting.

What right does the public have to record open meetings? The Open Meetings Act gives any member of the public a legal right to make a video or audio recording of an open meeting.  However, the Act also gives a governmental body a right to adopt reasonable rules that are necessary to maintain order at a meeting.  Thus, a city council may regulate the location of recording equipment and the manner in which the recording is conducted.  However, the city may not adopt any rule that would unreasonably impair a person's right to record an open meeting. *****************

OBJECTIONS

Objections to raise in court, pick one, but always -  I OBJECT, YOUR HONOR ! [Often, Court Rules allow for only certain objections; check the court for which you’re heading (ask the clerk for a list).]

Ambiguous Asked & Answered Argumentative Best Evidence Compound Cross - Examination Dead-Man's Statue Harassment Hearsay Immaterial Impeachment Incompetent Incompetent Foundation Irrelevant Leading Misleading Facts or Testimony Motion to Strike Answer Narrative Answer (Question Excessively Broad) Non-Responsive Answer Opinion Parole Evidence Rule Self-Serving Speculation Witness Not Competent Witness Not Qualified

Always object when the attorney opens his mouth, because most of the time is testifying to matters that he has NO firsthand knowledge of.

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FINDINGS OF FACTS AND CONCLUSIONS OF LAW

NOTE: In any cases which go to the County or District Courts, hold the judges’ feet to the fire by filing a request for findings of facts and conclusions of law within 20 days after final judgment.  This will sometimes make them reverse their judgment if they ruled a certain way, just because they could. If the judge fails to file a finds of fact, Rule 297 below shows your requirement to send another notice of reminder. If you fail to do this, the appellate court will say that the judge was not required since you failed to remind the judge.

Texas Rules of Court RULE 296. REQUESTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW In any case tried in the district or county Court without a jury, any party may request the Court to state in writing its findings of fact and conclusions of law.  Such request shall be entitled "Request for Findings of Fact and Conclusions of Law" and shall be filed within twenty days after judgment is signed with the clerk of the Court, who shall immediately call such request to the attention of the judge who tried the ease.  The party making the request shall serve it on all other parties in accordance with Rule 21a.

RULE 297. TIME TO FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW The court shall file its findings of fact and conclusions of law within twenty days after a timely request is filed. The court shall cause a copy of its findings and conclusions to be mailed to each party in the suit. If the court fails to file timely findings of fact and conclusions of law, the party making the request shall, within thirty days after filing the original request, file with the clerk and serve on all other parties in accordance with Rule 21a a "Notice of Past Due Findings of Fact and Conclusions of Law" which shall be immediately called to the attention of the court by the clerk. Such notice shall state the date the original request was filed and the date the findings and conclusions were due. Upon filing this notice, the time for the court to file findings of fact and conclusions of law is extended to forty days from the date the original request was filed.

Federal Rules of Civil Procedure Rule 52.  Findings by the Court;  Judgment on Partial Findings (a) Effect. In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review.  Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.  The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court.  It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence or appear in an opinion or memorandum of decision filed by the court.  Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56 or any other motion except as provided in subdivision (c) of this rule. (b) Amendment. On a party's motion filed no later than 10 days after entry of judgment, the court may amend its findings -- or make additional findings -- and may amend the judgment accordingly.  The motion may accompany a motion for a new trial under Rule 59. When findings of fact are made in actions tried without a jury, the sufficiency of the evidence supporting the findings may be later questioned whether or not in the district court the party raising the question objected to the findings, moved to amend them, or moved for partial findings. (c) Judgment on Partial Findings If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence.  Such a judgment shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule.

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VENUE

NOTE: Below is the main reason to bring 3 or more witnesses with you for all your court hearings. Remember that civil rules apply when criminal rules do not provide for the remedy.

Texas Rules of Civil Procedure RULE 257. GRANTED ON MOTION A change of venue may be granted in civil causes upon motion of either party, supported by his own affidavit and the affidavit of at least three credible persons, residents of the county in which the suit is pending, for any following cause: (a) That there exists in the county where the suit is pending so great a prejudice against him that he cannot obtain a fair and impartial trial. (b) That there is a combination against him instigated by influential persons, by reason of which he cannot expect a fair and impartial trial. (c) That an impartial trial cannot be had in the county where the action is pending. (d) For other sufficient cause to be determined by the court.

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UNITED STATES DISTRICT COURT

NOTE: You will see a Magistrate or District Judge.  The District Judge will sometimes appoint a Magistrate to hear a case.  You can then appeal the decision back to the District Judge before appealing to the United States Court of Appeals.  This is all found in the Federal Rules of Appellate Procedure.

Ask the Court Clerk for the local rules for the judge that you will be in front of.

You will be able to see your court file and get copies of documents which show up in it.  You will need a copy of everything that is in your file, for the Appeal, When you make your RECORD EXCERPTS report to be filed with the Appeals Court.

After you have your time in court, you should by the next day go to the Court Records Department and ask for a copy of the tape recording of your hearing.  You will need to tell them the day and approximately the time of day that it occurred and who the Judge was.  This will cost you about $15.00 for about 90 minutes.  This will help you pick the parts of the transcript that you want printed, because it will cost you about 4 to 5 dollars a page.  If the hearing is long, just tell them what part you want printed for your appeal.

Use a Motion of Relief of Order – per Rule 60 of the Federal Rules of Civil Procedure to have the order of a Magistrate reversed.

Always put in a Motion for a Finding of Facts and Conclusions of Law after a Magistrate of District Judge signs an Order against you.

Most cases filed in Federal Court are Dismissed per Rule 12 (b) (6) of the Federal Rules of Civil Procedure – Failing to state a claim, whereby relief can be granted.  The relief that you ask MUST BE capable of the judge to grant such relief by law and you must state where in the law that the judge has this right to grant.

Always base your case upon to always appeal, never expect to win in the lower courts.  Everything that you do will be based on Procedure Violations of the Court and/or Prosecutor.  You have to study the rules of the Federal Rules of Civil Procedure, to see where the Prosecutor or Court slipped up.

Examples are Rule 4(b), did they do service correctly, did you waive service?  Did they offer counsel to you?

Check the Due Process section.

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APPEALS – FEDERAL

In a New Ball Park.

Paper Work Changes Greatly.

You need to contact the Clerk of the Appeals Court and get the Rules of the Court.  You will follow the Federal Rules of Appellate Procedure, but you still need the Appellate Court Rules.

Your Appeal Brief must have specific parameters, Like:  14 Font, Double Spaced, Appellate Brief – Blue Cover, Appellee – Red Cover; the Brief has to be Binded (bound) so it will lay flat.  Check the Rules and follow them.

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STATE COURTS – All Texas, That Is !

Texas Transportation Code Sec. 542.403.  Court Costs. (a) In addition to other costs, a person convicted of a misdemeanor under this subtitle shall pay $3 as a cost of court.

NOTE:  Above is one of many court costs the legislature dreams up for you to pay.  Go down to the clerk’s office and get a copy of the list of court cost that could be stuck on you.  Sometimes the courts tries to double dip you with multiple charges on the same trial.  Watch them closely; make them itemize each cost.

Texas Code of Criminal Procedure Art. 4.01.  [51] [63] [64] What courts have criminal jurisdiction. The following courts have jurisdiction in criminal actions: 1.  The Court of Criminal Appeals; 2.  Courts of appeals; 3.  The district courts; 4.  The criminal district courts; 5.  The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County; 6.  The county courts; 7.  All county courts at law with criminal jurisdiction; 8.  County criminal courts; 9.  Justice courts; 10.  Municipal courts; and 11.  The magistrates appointed by the judges of the district courts of Lubbock County.   Art. 4.02.  [52] Existing courts continued. No existing courts shall be abolished by this Code and shall continue with the jurisdiction, organization, terms and powers currently existing unless otherwise provided by law. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 45.07 Collection of Costs No costs shall be provided for by any ordinance of any incorporated city, town, or village, and none shall be collected. 1. In General Corporation court's judgments complied with art. 45.50 that in case of conviction the judgment shall be that state shall recover fine and costs, although the judgments did not assess court costs, in view of provisions of this article that no court cost can be collected by corporation courts. Deal v. State (Cr.App. 1968) 423 S.W.2d 929

Art. 45.50 The Judgment. (a) The judgment and sentence, in case of conviction in a criminal action before a justice of the peace, shall be that the defendant pay the amount of the fine and costs to the state. (b) The justice may direct the defendant: (1) to pay the entire fine and costs when sentence is pronounced; or (2) to pay the entire fine and costs at some later date; or (3) to pay a specified portion of the fine and costs at designated intervals.

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APPEALS – STATE

Go to the Local Appellate Court and ask for a copy of their Local District Rules.

One document that is filed is:  The Appeals Mediation Program Docketing Statement.  This tells, What type of Case, how to Docket the case, how to schedule and everything else.

Do not get caught up in Mediation of the Case, this will only delay the case.

Satty White v. State 600, SW, 2d, 277 Fundamental Errors of Court are:  1. Actions of court which do not follow procedures, damage you.  2. If they deprive you of a fair and impartial trial, damage you.

NOTE:  In a Non - Court of Record, in an appeal, they try to say that nothing happened at the lower court, & let’s start all over. You file a Motion to Dismiss, because the appellate court does not have original jurisdiction to start a proceeding, & that the previous court was not a court, the judge was not a judge, and the attorney was not an attorney.

In a Court of Record, you must get a copy of the Government Code and read Chapter 30 at least three times, so you don’t miss any part of the appeal process.  A Must!

To Appeal out of a Non - Court of Record, you only need a Surety Bond, then file the Motion to Appeal.  The court may have a simple form to fill out.  As if an Appeals Bond, they might charge you twice whatever the final ruling was when you lost in the Non-Court of Record.  So when you are found “guilty,” even though the jury dropped the fine to nothing, the judge might make-up a random giant court cost to bring the total up.  THEN they double that total as the Bond.  Is this legal or legitimate for the judge, or just business as usual?  If they have no oversight, they have no fear.  But look at Gov. Code 30.270, below.

You must file a Notice to appeal (which may be that simple form, for the non-court of record).  Notice of Intent to Appeal - You must indicate to the clerk what you expect them to prepare for transmittal to the Appeals Court.  (From a Non-Court of Record and a Class C Misdemeanor traffic “offense,” maybe only the complaint will be sent forward.  You can request more—see Gov. Code 30.271, below.) You can take the Documents to the Appellate Court yourself and make copies on your way there or have the Clerk of the Appellate Court make them for a small fee.  Do not ask for copies from the clerk of the original court while they are getting them ready for the Appellate Court, or the copies may be $7.00 a copy. The Docket in Texas is called a Transcript Docket - This document states when and what was done since the case started. The Court Transcript - sometimes called the Statement of Facts - is a document which has all testimony type written during the trial. You have 120 days to prepare the documents for transmission to the Appeals Court. After the papers have been submitted to the court, you have 30 days to file your Appeal Brief.

Appeals Check Off List

  1. A motion for a new trial in a court of record must be filed within 10 days of the final judgment. 2. The motion for a new trial was filed with the trial clerk on_____. 3. A notice of Appeal in a court of record must be filed within 10 days after the motion for a new trial is denied. 4. The Notice of Appeal was filed with the trial court clerk on _____. 5. The appeal bond in a court of record must be filed within 10 day after the motion for a new trial was denied. Texas Government Code Section 30.00015. 6. An appeal may be taken by the defendant from every final judgment rendered upon a personal bond, bail bond or bond taken for the prevention or suppression of offenses, where such judgment is for twenty dollars or more, exclusive of costs, but not otherwise. TCCrP Article 44.42 7. If the court finds that the appeal bond is not sufficient, then the court must let the accused amend his appeal bond in the manner designated by the court. TCCrP Article 44.15 8. An appeal to the county court from a municipal court of record may be based only on errors reflected in the record. TCCrP Article 44.17 9. The courts of appeals or the Court of Criminal Appeals may reverse the judgment in a criminal action, as well upon the law as upon the facts. TCCrP Article 44.25 10. In misdemeanor cases affirmed on appeal from a municipal court, the fine imposed on appeal and the costs imposed on appeal shall be collected from the defendant, and the fine of the municipal court when collected shall be paid into the municipal treasury. TCCrP Article 44.281 11. Appellant's failure to file his brief in the time prescribed shall not authorize a dismissal of the appeal by the Court of Appeals or the Court of Criminal Appeals, nor shall the Court of Appeals or the Court of Criminal Appeals, for such reason, refuse to consider appellant's case on appeal. TCCrP Article 44.33(b) 12. You need the certification document from the trial judge showing your right to appeal his guilty verdict. TRAP 25.2 (a)(2). 13. The record must include copies of the indictment or information, any special plea or defense motion that was presented to the court and overruled. TRAP 34.5 (a)(2) 14. The record must include copies of the court's docket sheet. TRAP 34.5 (a)(3) 15. The record must include copies of the court's charge and the jury's verdict, or the court's findings of fact and conclusions of law. TRAP 34.5 (a)(4) 16. The record must include copies of the court's judgment or other order that is being appealed. TRAP 34.5 (a)(5) 17. The record must include copies of any request for findings of fact and conclusions of law, any post-judgment motion, and the court's order on the motion. TRAP 34.5 (a)(6). 18. The record must include copies of the notice of appeal. TRAP 34.5 (a)(7) 19. The record must include copies of any request for a reporter’s record, including any statement of points or issues under Rule 34.6(c). TRAP 34.5 (a)(9) 20. The record must include copies of any request for preparation of the clerk’s record. TRAP 34.5 (a)(10) 21. The record must include in criminal cases, the trial court's certification of the defendant's right of appeal under Rule 25.2. TRAP 34.5 (a)(12) 22. The record must include subject to TRAP 34.5 (b), any filing that a party designates to have included in the record. TRAP 34.5 (a)(13) 23. At any time before the clerk’s record is prepared, any party may file with the trial court clerk a written designation specifying items to be included in the record. TRAP 34.5 (b)(1) 24. A party requesting that an item be included in the clerk’s record must specifically describe the item so that the clerk can readily identify it. The clerk will disregard a general designation, such as one for “all papers filed in the case.” TRAP 34.5 (b)(2) 25. An appellate court must not refuse to file the clerk’s record or a supplemental clerk’s record because of a failure to timely request items to be included in the clerk’s record. TRAP 34.5 (b)(4) 26. If a relevant item has been omitted from the clerk’s record, the trial court, the appellate court, or any party may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplement containing the omitted item. TRAP 34.5 (c)(1) 27. If the appellate court in a criminal case orders the trial court to prepare and file findings of fact and conclusions of law as required by law, or certification of the defendant's right of appeal as required by these rules, the trial court clerk must prepare, certify, and file in the appellate court a supplemental clerk’s record containing those findings and conclusions. TRAP 34.5 (c)(2) 28. If a filing designated for inclusion in the clerk’s record has been lost or destroyed, the parties may, by written stipulation, deliver a copy of that item to the trial court clerk for inclusion in the clerk’s record or a supplement. If the parties cannot agree, the trial court must — on any party's motion or at the appellate court's request — determine what constitutes an accurate copy of the missing item and order it to be included in the clerk’s record or a supplement. TRAP 34.5 (e) 29. In a criminal case, the clerk’s record must be made in duplicate. TRAP 34.5 (g) 30. The clerk may consult with the parties concerning the contents of the clerk’s record. TRAP 34.5 (h) 31. If the proceedings were electronically recorded, the reporter’s record consists of certified copies of all tapes or other audio-storage devices on which the proceedings were recorded, any of the exhibits that the parties to the appeal designate, and certified copies of the logs prepared by the court recorder under Rule 13.2. TRAP 34.6 (a)(2). 32. Request to Court Reporter. At or before the time for perfecting the appeal, the appellant must request in writing that the official reporter prepare the reporter’s record. The request must designate the exhibits to be included. A request to the court reporter — but not the court recorder — must also designate the portions of the proceedings to be included. TRAP 34.6 (b)(1) 33. Filing. The appellant must file a copy of the request with the trial court clerk. TRAP 34.6 (b)(2) 34. Costs; Requesting Unnecessary Matter. Additions requested by another party must be included in the reporter’s record at the appellant's cost. TRAP 34.6 (c)(3) 35. Criminal Cases. In a criminal case, if the statement contains a point complaining that the evidence is insufficient to support a finding of guilt, the record must include all the evidence admitted at the trial on the issue of guilt or innocence and punishment. TRAP 34.6 (c)(5) 36. If anything relevant is omitted from the reporter’s record, the trial court, the appellate court, or any party may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter’s record containing the omitted items. Any supplemental reporter’s record is part of the appellate record. TRAP 34.6 (d) 37. Correction of Inaccuracies by Agreement. The parties may agree to correct an inaccuracy in the reporter’s record, including an exhibit, without the court reporter's recertification. TRAP 34.6 (e)(1) 38. Correction of Inaccuracies by Trial Court. If the parties cannot agree on whether or how to correct the reporter's record so that the text accurately discloses what occurred in the trial court and the exhibits are accurate, the trial court must - after notice and hearing - settle the dispute. If the court finds any inaccuracy, it must order the court reporter to conform the reporter’s record (including text and any exhibits) to what occurred in the trial court, and to file certified corrections in the appellate court. TRAP 34.6 (e)(2) 39. If the dispute arises after the reporter’s record has been filed in the appellate court, that court may submit the dispute to the trial court for resolution. The trial court must then proceed as under subparagraph (e)(2). TRAP 34.6 (e)(3) 40. The appellant has a right to new trial if there is a problem with the court record that cannot be resolved. TRAP 34.6 (f) 41. On any party's motion or its own initiative, the appellate court may direct the trial court clerk to send it any original exhibit. TRAP 34.6 (g)(2) 42. In a criminal case in which a party requests a reporter’s record, the court reporter must prepare a duplicate of the reporter’s record and file it with the trial court clerk. In a case where the death penalty was assessed, the court reporter must prepare two duplicates of the reporter’s record. TRAP 34.6 (h) 43. From time to time, the Supreme Court and the Court of Criminal Appeals may set the fee that the court reporters may charge for preparing the reporter’s record. TRAP 34.6 (i) 44. The appellate record must be filed in the appellate court if a timely motion for new trial is filed and denied, within 120 days after the date the sentence is imposed or suspended in open court. TRAP 35.2 (b) 45. The trial court clerk is responsible for preparing, certifying, and timely filing the clerk’s record if a notice of appeal has been filed, and in criminal proceedings, the trial court has certified the defendant's right of appeal, as required by Rule 25.2(d); and (2) the party responsible for paying for the preparation of the clerk’s record has paid the clerk's fee, has made satisfactory arrangements with the clerk to pay the fee, or is entitled to appeal without paying the fee. TRAP 35.3 (a)(1) 46. The official or deputy reporter is responsible for preparing, certifying, and timely filing the reporter’s record if a notice of appeal has been filed, the appellant has requested that the reporter’s record be prepared, and the party responsible for paying for the preparation of the reporter’s record has paid the reporter’s fee, or has made satisfactory arrangements with the reporter to pay the fee, or is entitled to appeal without paying the fee. TRAP 35.3 (b) 47. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. The appellate court must allow the record to be filed late when the delay is not the appellant’s fault, and may do so when the delay is the appellant’s fault. The appellate court may enter any order necessary to ensure the timely filing of the appellate record. TRAP 35.3 (c)

Texas Code of Criminal Procedure Art. 4.09.  [58] [105] [95] Appeals from inferior court. If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from a justice or other inferior court will lie to the court to which such appellate jurisdiction has been transferred.

Gov. Code 30.269 -  (a)The county criminal court of the county has jurisdiction over an appeal.  (b) The appellate court shall determine each appeal from a municipal court of record conviction on the basis of the errors that are set forth in the defendant's motion for a new trial and are presented in the transcript an statement of facts prepared from the municipal court of record proceeding leading to the conviction.  (c) To perfect an appeal, the defendant must file a written motion for a new trial not later than the 10th day after the date on which judgment is rendered. The motion must set forth the points of error of which the defendant complains. A point of error not distinctly set forth in the motion is waved. The motion or an amended motion may be amended by leave of court at any time before action on the motion is taken, but no later than the 20th day after the date on which the original or amended motion is filed. If the court does not act on the motion before the expiration of the 20 days allowed for determination of the motion, the original or amended motion is overruled by operation of law.  (d) To perfect an appeal, the defendant must give a written notice of appeal and must file the notice with the court not later than the 10th day after the date on which the motion is overruled.

Gov. Code 30.270 -  (a) The defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record.  The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for a new trial is overruled.  (b) The appeal bond must be in the amount of $50.00 or double the amount of the fines and cost adjudged against the defendant, whichever is greater.  (c) The record on appeal consists of a transcript and, if necessary to the appeal, a statement of facts.

Gov. Code 30.271 -  (a) On written request of the defendant, the clerk of the municipal court of record shall prepare under his hand. The Transcript must include copies of:  (1) the complaint;  (2) material docket entries mad by the court;  (3) the jury charge and verdict in a jury trial;  (4) the judgment;  (5) the motion for new trial;  (6) the notice of appeal;  (7) written motions and pleas;  (8) written orders of the court; and  (9) any bills of exception filed with the court. (b) The clerk may use mechanical or videotape recordings. (c) The bills of exception must be filed with the clerk not later than the 60th day after the date on which the notice of appeal is given or filed.

Gov. Code 30.272 -  A statement of facts included in the record on appeal must contain:  (1) a transcription of all or part of the court proceedings in the case that is prepared from mechanical or videotape recordings of the proceedings.

Gov. Code 30.273 -  (a) Not later than the 60th day after the date on which the notice of appeal is given or filed, the parties must file with the clerk of the municipal court of record:  (1) the statement of acts;  (2) a written description of material to be included in the transcript in addition to the required material; and  (3) any material to be included in the transcript that is not in the custody of the clerk. (b) On completion of the record, the municipal judge shall approve the record in the manner provided for record completion notification and approval in the court of appeals. (c) After the court approves the record, the clerk shall promptly send it to the appellate court clerk for filing. The appellate court clerk shall notify the defendant and the prosecuting attorney that the record has been filed.

Gov. Code 30.274 - (a) A defendant's brief on appeal from a municipal court of record must present points of error in the manner required by law for a brief on appeal to the court of appeals. (b) The defendant must file the brief with the appellate court clerk not later than the 15th day after the date on which the transcript and statement of facts are filed with that clerk. The clerk shall notify the prosecuting attorney of the filing. (c) The prosecuting attorney must file the appellee's brief with the appellate court clerk not later than the 15th day after the date on which the defendant's brief is filed. (d) Each party, on filing the part's brief, shall deliver a copy of the brief to the opposing party.

Gov. Code 30.278 -  The defendant has the right to appeal to the court of appeals if the fine assessed against the defendant exceeds $100 and if the judgment is affirmed by the appellate court.  (1) the record and briefs on appeal in the appellate court and the transcript of proceedings in the appellate court constitute the record and briefs on appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise; and  (2) the record and briefs shall be filed directly with the court of appeals.

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MUNICIPAL COURT

After the trial, by the next day, file a Motion for New Trial because of errors of the court.  This is part of exhausting your administrative remedies. (But do this ONLY if found guilty.)

In a Court of Record Court, you must get a copy of the Government Code and read Chapter 30 at least three times, so you don’t miss any part of the appeal process.  A Must!

To Appeal out of a Non - Court of Record, you only need a Personal Bond, then file the Motion to Appeal. (They probably have a simple form.)

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JUSTICE OF THE PEACE

NOTE: This guy may or may not be an attorney.  He has only been to a minimal amount of schooling to know what the law is.  Don’t assume that he knows a tenth of what’s in this book.  Don’t get mad if he doesn’t understand what you’re trying to say.  You’re mainly there to educate him and keep him from getting money from someone else.  You could do more damage to this guy with a counter claim than most any judge.  Most of the time he will let his cronies—the city attorneys, or even his clerks, arraign the people and run the sheep through the shearing.  Refuse to talk with the city attorney; you want to see the judge.  They are your adversaries and they do not have the authority to do what their doing and they will not dismiss your case.

Texas Constitution, Art.1, Sec. 13 says that all trials will be OPEN; don't go in his Chambers unless you bring in a witness.

Texas Code of Criminal Procedure Art. 4.11.  [60] [106] [96] Jurisdiction of justice courts. (a) Justices of the peace shall have original jurisdiction in criminal cases:  (1) punishable by fine only; or  (2) punishable by:   (A) a fine; and   (B) as authorized by statute, a sanction not consisting of confinement or imprisonment that is rehabilitative or remedial in nature. (b) The fact that a conviction in a justice court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the justice court.

Tex. Cod. of Crim. Proc. 45.38 -  The rules of evidence shall apply to such actions in justice courts.

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COUNTY COURTS

NOTE: You will notice below that there are three distinct county courts in Texas.

Texas Code of Criminal Procedure Art. 4.03.  [53] [68-86-87] Courts of Appeals.  The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.  This Article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.   Art. 4.07.  [56] [98] [91] Jurisdiction of county courts. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.

Art. 4.08.  [57] [101-897] Appellate jurisdiction of county courts.   The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 4.10.  [59] [99] [92] To forfeit bail bonds. County courts and county courts at law shall have jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which said courts have jurisdiction.

NOTE: Bail is only required for jailable offenses. Class C Misdemeanor violations are offenses that require a fine only.

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STATE DISTRICT COURTS

The State District Courts are like the Federal District Courts whereby the District Judges appoint a magistrate to do their dirty work, so you then appeal to the district judge about what the magistrate did before appealing to the State Appellate Court.  The main thing is to find the District Clerk and get the local rules of court.  Then follow the yellow brick road.

Article 5, Section 17 especially focus on the duty of district court directing the charges of misdemeanors to inferior court. Find the provision in this document and read it.

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TEXAS SUPREME COURT

Main thing: get a copy of the rules and go by them.

http://www.supreme.courts.state.tx.us/

* If you have questions or comments regarding the Procedure and Rules, please contact Jody Hughes, Rules Attorney, Supreme Court, at 512-463-1353.

Supreme Court Building 201 West 14th., Rm. 104 Austin, Texas 78701

Supreme Court P.O. Box 12248 Austin, Texas 78711  

Phone: (512) 463-1312 Fax: (512) 463-1365

Clerk of the Court  Mr. Blake A. Hawthorne (512) 463-1312 Chief Deputy Clerk  Claudia Jenks at This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.

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MANDAMUS

You must file a Notice of Writ of Mandamus, if you want something done and the agent refused to comply. Writ of Mandamus - This is an Order of a High Court to a Lower Court, ordering them to do certain things.  If a lower court refuses to accept certain documents to be filed into evidence, you do a Writ of Mandamus to make the lower court do what's right. Procedures -the writ must have a statement of facts of the allegations against the parties the writ is directed.  The writ must be accompanied with an Application of request which states why you are bringing the writ.  Then you need an Affidavit which is in support of the writ.  Next is an Order for the writ.  That Order has to be with every Writ you put in because the judge will not write one up.  The Last thing is the Writ itself - the writ demands performance or the non performance of some act by the persons to whom the writ is directed.

Texas Code of Criminal Procedure TCCrP Art. 4.04.  [53a] Court of Criminal Appeals. Sec. 1.  The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari.  The court and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of such other writs as may be necessary to protect its jurisdiction or enforce its judgments.

NOTE: Mandamus used to make a lower court judge to act right has been found to be a problem with the upper courts. We have found no explanation to this, the upper courts just deny the application with no reason. As shown above, the mandamus is used to protect the upper court's jurisdiction or to enforce their judgments, but not to make a lower court act right.

United States Code Title 28 § Sec. 1361. Action to compel an officer of the United States to perform his duty The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

You must file a Notice of Writ of Error, when errors occur in the proceeding. Writ of Error - is errors in the transcript or the proceedings.  It is not Appealable.  This has to do with the error of the proceedings, not the error of the procedure.  Goes to the same court.  You have the Right to file a Writ of Error.

Writ of Error Quarum Novus - a Writ of Error on the King's Bench.  A procedural tool that purpose is to correct errors of fact only, which has to be without negligence on the defendant's part, was not made under duress, fraud or excusable mistake, were facts did not appear of the face of the record, and as such is known.

Writ of Error Quarum Vocus - a Writ of Error for the higher court to go back and review the Quarum Novus of the lower court.

Motion for Reconsideration - is used like a Writ of Error but to motion the same court to Consider of what it has done so it can change the errors which had occurred during the trial.

You must file a Notice of Writ of Certiorari Writ of Certiorari - is a write up of Procedural Error.  It is Appealable.  This has to do with the error of the procedure not the error of the proceedings.  Goes to a higher Court.  This is not a Right but determined by a higher court if it will be accepted.

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TEXAS ETHICS COMMITTEE

This is where you squeal on the Judge and the Attorneys.

Filing a Complaint on a Texas Judge The State Commission on Judicial Conduct is mandated by the Texas Constitution to investigate and prosecute allegations of misconduct by judges in Texas.  The Commission has authority over Texas judges, including appellate, district, county, justice and municipal level judges, visiting judges, and associate judges.  The Commission has no jurisdiction over federal officials, mediators, arbitrators, or administrative judicial officers.  There is a complaint form which is used to open a file.  The form may be obtained from and should be mailed to: STATE COMMISSION ON JUDICIAL CONDUCT P.O. BOX 12265 AUSTIN, TEXAS 78711-2265

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Check out:  The Texas Center For Ethics and Professionalism   P.O. Box 12487   Austin, Texas 78711-2487

  1414 Colorado, Suite 600A   Austin, Texas 78701

  1-800-204-2222  ext. 2161   Fax 512-463-1459

  http://www.txethics.org/

*** CODE OF JUDICIAL CONDUCT & JUDICIAL ETHICS OPINIONS * APPLICABILITY TO EMPLOYEE OF JUDGE

Opinion No. 106 (1987)

QUESTION: Is a person who is an employee of a judge or a group of judges subject to the provisions of the Code of Judicial Conduct? ANSWER: Canon 3B(2) states, "A judge should require his or her staff and court officials subject to the judge's direction and control to observe the standards of this code."  (Emphasis added). The committee is informed that the person is hired by a group of judges and appears to be under the direction and control of the judge(s).  Under such circumstances, it is the duty of the judge(s) who employ that person to see that the employee complies with the provisions of the code. The code makes no provisions for the sanctions against the employee for non-compliance with the code, but it does provide sanctions against the judge(s) in the event of non-compliance by the judge(s) in not requiring personnel under the direction and control of the judge(s) to adhere to the provisions of the code.

DISCIPLINARY ACTION AGAINST LAWYER Opinion No. 45 (1979)

QUESTION:: Does a judge subject to the Code of Judicial Conduct have an obligation to initiate disciplinary measures against a lawyer when he becomes aware that such lawyer has been guilty of unprofessional conduct or has presented false information to the court in order to obtain the entry of a judgment? ANSWER: Under Disciplinary Rules promulgated by the Supreme Court of Texas, "A lawyer shall not engage in conduct that is prejudicial to the administration of justice." DR 1-102(5). Canon 3B(3) of the Code of Judicial Conduct reads: "A judge should take or initiate appropriate disciplinary measures against a lawyer for unprofessional conduct of which the judge may become aware."

The Committee is of the opinion that the knowing presentation of false information to a court in order to obtain the entry of a judgment is unprofessional conduct as defined in DR 1-102(5) and that when the judge becomes aware thereof, it becomes his duty to "initiate appropriate disciplinary measures" against such lawyer.

Judicial Neutrality Prohibits J.P. "War On Hot Checks" Ethics Opinion No. 225 (1998) QUESTION NO. 1: May a county-wide decal issued as a part of a "declared war on hot checks" that includes the names of the district attorney, sheriff and constable and contains a generic warning against passing hot checks also include the justice of the peace's name? ANSWER:  No.  Canon 3A provides that a judge must act at all times in a manner that promotes impartiality of the judiciary.  If a justice of the peace allows his or her name to appear on a decal, along with the names of the prosecutor and law enforcement officials, the clear implication is that the judge is acting in conjunction with these entities to prevent and prosecute issuance of hot checks.  This violates Canon 3A by implying that the judge is partial to law enforcement, the judge will assume the accused is guilty, and that the judge is indeed assisting law enforcement in hot check prosecution efforts.  Thus, a judge should not permit use of his or her name in a general law enforcement program. QUESTION NO. 2:  Justices of the peace across Texas "in reality.... conduct an executive branch prosecutorial function in hot check cases."  The victim files the complaint and all relevant evidence in the justice of the peace office, the J.P. office then investigates and prosecutes the case by interviewing potential witnesses and contacting the accused "to pay restitution... ."  Is this appropriate judicial conduct? ANSWER: Canon 1 of the Code of Judicial Conduct states that a judge should observe standards to preserve the independence of the judiciary.  When canon 1 speaks of independence, it refers to the judicial branch of government that must remain separate from the other two branches under Article II, Sec. 1, of the Texas Constitution.  The executive branch includes prosecutors, sheriffs and constables; therefore, a judge cannot at any time act as a prosecutor in any capacity. If the inquiring justice of the peace, or any judge, is prosecuting cases within its jurisdiction, especially contacting the accused for guilty plea arrangements, then the judge is absolutely, unequivocally, and indefensibly violating both the Code of Judicial Conduct and the Texas Constitution.  Further activity in this vein must immediately cease.

*** 2d Session H. R. 3396 (not to be confused with H.R. 3168 of same name & year) To establish standards of conduct for Department of Justice employees, and to establish a review board to monitor compliance with such standards. IN THE U.S. HOUSE OF REPRESENTATIVES March 5, 1998 --Mr. MCDADE (for himself and Mr. MURTHA) introduced… {While the bill died in committee (and did so again as H.R. 2424 to the 110th), it was reintroduced to the 111th Congress, June 24, 2009, by Rep. Ron Paul as H.R. 3021.  It would appear Judiciary Committees don’t like the concept of being held accountable!!}

A BILL To establish standards of conduct for Department of Justice employees, and to establish a review board to monitor compliance with such standards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. This Act may be cited as the `Citizens Protection Act of 1998'. SEC. 2. INTERPRETATION. It is the intent of this Act that the term `employee' shall be interpreted so as to include, but not be limited to, an attorney, investigator, special prosecutor, or other employee of the Department of Justice as well as an attorney, investigator, accountant, or a special prosecutor acting under the authority of the Department of Justice. TITLE I--ETHICAL STANDARDS FOR FEDERAL PROSECUTORS SEC. 101. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS. (a) IN GENERAL- Chapter 31 of title 28, United States Code, is amended by adding at the end the following: `Sec. 530B. Ethical standards for attorneys for the Government `(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney's duties, to the same extent and in the same manner as other attorneys in that State. `(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section. `(c) As used in this section, the term `attorney for the Government' includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations.'. (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item: `530B. Ethical standards for attorneys for the Government.'. TITLE II--PUNISHABLE CONDUCT SEC. 201. PUNISHABLE CONDUCT. (a) VIOLATIONS- The Attorney General shall establish, by plain rule, that it shall be punishable conduct for any Department of Justice employee to-- (1) in the absence of probable cause seek the indictment of any person; (2) fail promptly to release information that would exonerate a person under indictment; (3) intentionally mislead a court as to the guilt of any person; (4) intentionally or knowingly misstate evidence; (5) intentionally or knowingly alter evidence; (6) attempt to influence or color a witness' testimony; (7) act to frustrate or impede a defendant's right to discovery; (8) offer or provide sexual activities to any government witness or potential witness; (9) leak or otherwise improperly disseminate information to any person during an investigation; or (10) engage in conduct that discredits the Department. (b) PENALTIES- The Attorney General shall establish penalties for engaging in conduct described in subsection (a) that shall include-- (1) probation; (2) demotion; (3) dismissal; (4) referral of ethical charges to the bar; (5) loss of pension or other retirement benefits; (6) suspension from employment; and (7) referral of the allegations, if appropriate, to a grand jury for possible criminal prosecution. SEC. 202. COMPLAINTS. (a) WRITTEN STATEMENT- A person who believes that an employee of the Department of Justice has engaged in conduct described in section 201(a) may submit a written statement, in such form as the Attorney General may require, describing the alleged conduct. (b) PRELIMINARY INVESTIGATION- Not later than 30 days after receipt of a written statement submitted under subsection (a), the Attorney General shall conduct a preliminary investigation and determine whether the allegations contained in such written statement warrant further investigation. (c) INVESTIGATION AND PENALTY- If the Attorney General determines after conducting a preliminary investigation under subsection (a) that further investigation is warranted, the Attorney General shall within 90 days further investigate the allegations and, if the Attorney General determines that a preponderance of the evidence supports the allegations, impose an appropriate penalty. SEC. 203. MISCONDUCT REVIEW BOARD. (a) ESTABLISHMENT- There is established as an independent establishment a board to be known as the `Misconduct Review Board' (hereinafter in this Act referred to as the `Board'). (b) MEMBERSHIP- The Board shall consist of-- (1) three voting members appointed by the President, one of whom the President shall designate as Chairperson; (2) two non-voting members appointed by the Speaker of the House of Representatives, one of whom shall be a Republican and one of whom shall be a Democrat; and (3) two non-voting members appointed by the Majority Leader of the Senate, one of whom shall be a Republican and one of whom shall be a Democrat. (c) NON-VOTING MEMBERS SERVE ADVISORY ROLE ONLY- The non-voting members shall serve on the Board in an advisory capacity only and shall not take part in any decisions of the Board. (d) SUBMISSION OF WRITTEN STATEMENT TO BOARD- If the Attorney General makes no determination pursuant to section 202(b) or imposes no penalty under section 202(c), a person who submitted a written statement under section 202(a) may submit such written statement to the Board. (e) REVIEW OF ATTORNEY GENERAL DETERMINATION- The Board shall review all determinations made by the Attorney General under sections 202(b) or 202(c). (f) BOARD INVESTIGATION- In reviewing a determination with respect to a written statement under subsection (e), or a written statement submitted under subsection (d), the Board may investigate the allegations made in the written statement as the Board considers appropriate. (g) SUBPOENA POWER- (1) IN GENERAL- The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission.  The attendance of witnesses and the production of evidence may be required from any place within the United States. (2) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business.  Any failure to obey the order of the court may be punished by the court as civil contempt. (3) SERVICE OF SUBPOENAS- The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) SERVICE OF PROCESS- All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) MEETINGS- The Board shall meet at the call of the Chairperson or a majority of its voting members. All meetings shall be open to the public. The Board is authorized to sit where the Board considers most convenient given the facts of a particular complaint, but shall give due consideration to conducting its activities in the judicial district where the complainant resides. (i) DECISIONS- Decisions of the Board shall be made by majority vote of the voting members. (j) AUTHORITY TO IMPOSE PENALTY- After conducting such independent review and investigation as it deems appropriate, the Board by a majority vote of its voting members may impose a penalty, including dismissal, as provided in section 201(b) as it considers appropriate. (k) COMPENSATION- (1) PROHIBITION OF COMPENSATION OF FEDERAL EMPLOYEES- Members of the Board who are full-time officers or employees of the United States, including Members of Congress, may not receive additional pay, allowances, or benefits by reason of their service on the Board. (2) TRAVEL EXPENSES- Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (l) EXPERTS AND CONSULTANTS- The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed $200 per day. (m) STAFF OF FEDERAL AGENCIES- Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist it in carrying out its duties under this Act. (n) OBTAINING OFFICIAL DATA- The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Board, the head of that department or agency shall furnish that information to the Board. (o) MAILS- The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (p) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out its responsibilities under this Act. (q) CONTRACT AUTHORITY- The Board may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). [( ) SUBPOENA POWER- (1) IN GENERAL- The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter [under investigation by the Commission] [which the Commission is empowered to investigate by section ]. The attendance of witnesses and the production of evidence may be required from any place within [the United States] [a State] [a judicial district] at any designated place of hearing within the [United States] [that State] [that judicial district]. (2) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) SERVICE OF SUBPOENAS- The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) SERVICE OF PROCESS- All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.] END *****************

CONTEMPT

You always need to be aware of the judge issuing a contempt charge for any reason that he can dream up.

"If it is for civil contempt the punishment is remedial, and for the benefit of the complainant. But if it is for criminal contempt the sentence is punitive, to vindicate the authority of the court." Gompers v. Bucks Stove & Range Co., 221 U. S. 418, 441 (1911). The character of the relief imposed is thus ascertainable by applying a few straightforward 632*632 rules. If the relief provided is a sentence of imprisonment, it is remedial if "the defendant stands committed unless and until he performs the affirmative act required by the court's order," and is punitive if "the sentence is limited to imprisonment for a definite period." Id., at 442. If the relief provided is a fine, it is remedial when it is paid to the complainant, and punitive when it is paid to the court, though a fine that would be payable to the court is also remedial when the defendant can avoid paying the fine simply by performing the affirmative act required by the court's order. These distinctions lead up to the fundamental proposition that criminal penalties may not be imposed on someone who has not been afforded the protections that the Constitution requires of such criminal proceedings, including the requirement that the offense be proved beyond a reasonable doubt. See, e. g., Gompers, supra, at 444; Michaelson v. United States ex rel. Chicago, St. P., M. & O. R. Co., 266 U. S. 42, 66 (1924). Any sentence "must be viewed as remedial," and hence civil in nature, "if the court conditions release upon the contemnor's willingness to [comply with the order]." Hicks v Feiock, 85 U.S. 624 (1988)

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BARRATRY

NOTE: This is what you charge the attorney with for trying to represent the State of Texas when they have no delegated authority to do so.

Texas Penal Code, Sec. 38.12.  Barratry (a) A person commits an offense if, with intent to obtain an economic benefit the person:  (1) knowingly institutes a suit or claim that the person has not been authorized to pursue;  (2) solicits employment, either in person or by telephone, for himself or for another;  (3) pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of value to obtain legal representation from the prospective client;  (4) pays or gives or offers to pay or give a person money or anything of value to solicit employment;  (5) pays or gives or offers to pay or give a family member of a prospective client money or anything of value to solicit employment; or  (6) accepts or agrees to accept money or anything of value to solicit employment. (b) A person commits an offense if the person:  (1) is an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in this state or any person licensed, certified, or registered by a health care regulatory agency of this state; and  (2) knowingly:   (A) finances or invests funds the person knows or believes are intended to further the commission of an offense under Subsection (a); or   (B) accepts employment within the scope of the person's license, registration, or certification that results from the solicitation of employment in violation of Subsection (a). (c) It is an exception to prosecution under Subsection (a) or (b) that the person's conduct is authorized by the Texas Disciplinary Rules of Professional Conduct or any rule of court. (d) A person commits an offense if the person: (1) is an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in this state or any person licensed, certified, or registered by a health care regulatory agency of this state;  (2) with the intent to obtain professional employment for himself or for another, sends or knowingly permits to be sent to an individual who has not sought the person's employment, legal representation, advice, or care a written communication that:   (A) concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person and that was mailed before the 31st day after the date on which the accident or disaster occurred;   (B) concerns a specific matter and relates to legal representation and the person knows or reasonably should know that the person to whom the communication is directed is represented by a lawyer in the matter;   (C) concerns an arrest of or issuance of a summons to the person to whom the communication is addressed or a relative of that person and that was mailed before the 31st day after the date on which the arrest or issuance of the summons occurred;   (D) concerns a lawsuit of any kind, including an action for divorce, in which the person to whom the communication is addressed is a defendant or a relative of that person, unless the lawsuit in which the person is named as a defendant has been on file for more than 31 days before the date on which the communication was mailed;   (E) is sent or permitted to be sent by a person who knows or reasonably should know that the injured person or relative of the injured person has indicated a desire not to be contacted by or receive communications concerning employment;   (F) involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence; or   (G) contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. (e) For purposes of Subsection (d)(2)(E), a desire not to be contacted is presumed if an accident report reflects that such an indication has been made by an injured person or that person's relative. (f) An offense under Subsection (a) or (b) is a felony of the third degree. (g) Except as provided by Subsection (h), an offense under Subsection (d) is a Class A misdemeanor. (h) An offense under Subsection (d) is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under Subsection (d). (i) Final conviction of felony barratry is a serious crime for all purposes and acts, specifically including the State Bar Rules and the Texas Rules of Disciplinary Procedure.

"Creating or confirming by words or conduct, a false impression of law or fact that is likely to affect the judgment of another, in the transaction." Texas State Law on Larceny & Extortion  (TPC) Section 31.01 (2)(a):

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DAMAGES [Read these carefully; many may likely apply, especially in civil lawsuits.  Emphasis added.]

Damages - Actual, Expenses, Compensatory and Exemplary or Punitive.

Be ready with examples of court case judgments that have awarded similar amounts for such damages.

Average rewarded claim of damages from a jury is around 30% of asked amount. When plea-bargaining the amount, never take the first offer, which is usually 10% of the amount they will go to. But you should take the usual 30% that the jury would allow.

All Damages should be stated as Wantonly, Maliciously, Knowingly and stated in a manner to show actual damage—as where they failed to do their duty or did actions that were not in their duty.

If the Judge does not have an Oath of Office, he may not follow due process, he is using faulty procedures, and not following the laws of the U.S. Constitution or the laws of the State of Texas.

All errors of due process can and will damage you.

If the Court Clerk signs the Verified Complaint, you are damaged if he/she did not see the offense, when she/he is the Agent of the Principal, which is the Judge.  This makes the Judge the damaged party, and the judge cannot sit in judgment, when he is the damaged party.

If the Judge sends you to his chambers, he is violating Article 1, Section 13, which states that all trials will be OPEN.  If you have to go into his chambers, request to have a witness of your choice.

The City Attorney is impersonating a Public Servant, under Texas Penal Code Sec. 37.11 concerning Texas Constitution Article 5, Section 21, which is a felony of the third degree.

You are damaged if you are not allowed to have legal counsel of choice since the State Bar Assoc. is unconstitutional since 1939.

You do not want a jury trial (if you are being sued or at fault) because the jury can determine the fine; this could damage you further.

The City Attorney is not authorized to prosecute for the State by Art. 5, Sec. 21 of the Texas Constitution; you are damaged because the City Attorney is not bound by Oath to the Constitution.

No Local Rules or Laws of any court can be passed because of Art. 3, Sec. 56 of the Texas Constitution.

Court of Record Courts damage you because:  1. Art.3, Sec. 56 declares "where a general law can be made applicable, no local or special law shall be enacted."  2. According to Chapter 45 of the Texas Code of Criminal Procedure, a general law exists to control the appellate procedure of all Texas municipal courts. 3. The ________ Court of Record Act is a "local law" operating in open conflict with the general law of Chapter 45 of the Texas Code of Criminal Procedure.  4. Therefore, the Texas state legislature lacked the Constitutional authority to pass the "local law" that authorized ___________ to establish its own Court of Record.  5. Therefore, the ___________ Court of Record Act any court resulting therefrom is unconstitutional and therefore lacks lawful authority to try cases.  6. Further, the ___________ Municipal Court of Record's local rules are overly complex, unnecessary, and unconstitutional because they place an unreasonable procedural burden upon myself and others similarly situated, which chills or effectively denies our due process right to appeal.

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REDEMPTION

Redemption process is a way to overcome these corrupt courts. Learn the words of Redemption. (Do not confuse this with financial “redemption” or “accept-for-value” [a.k.a. AFV, A4V] methods!) [WRITE IT ON A CARD, IF YOU MUST.  These are sort of like objections, but can also be used in conversation, depositions, etc.  These are questions you would ask the prosecutor or whoever is coming after you.  This legalese is immensely significant and will very likely stop whatever action is taking place, if they cannot answer.  It is typical to just go down the list all at once, as it shuts them down, and if there’s a judge he’ll likely have to let you go (of course, they’re often tyrants, but these will absolutely never hurt you to ask).  If they’re lying about everything, they’re going to stop and think twice, because they sure don’t want to be sued later and lose everything they own.]    When the bailiff calls you up to see the judge, you ask the judge: 1. What is your name ? 2. Do you have a claim against me ? 3. Do you know of anyone who has a claim against me ? 4. Is there anyone that is present in this court, that has a claim against me ? 5. I request the Order of the Court to be released to me. 6. Being no further Public business, am I being detained or am I free to go?   When the judge says that you are NOT free to go: 7. Who do you work for? 8. Who does the prosecutor work for? 9. Who does the police officer work for? 10. You do not see there is a conflict of interest hear? 11. If you find me Not Guilty, will the entity you work for lose money? 12 I ask that there be a change of Venue where the conflict of interest be removed.

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CASE CITES [If all this is new to you, be sure to read these (several pages!).  You will be amazed.  You may not have realized your rights.  Remember, you may have no rights unless you ASSERT them.]

Personal liberty largely consists of the right of locomotion -- to go where and when one pleases -- only so far restrained as the rights of others may make it necessary for the welfare of all other Natural Born Natives and/or Citizens/citizens. THE RIGHT OF THE AFFIANT TO TRAVEL UPON THE PUBLIC HIGHWAY AND TRANSPORT HIS PROPERTY THEREON, by horse-drawn carriage, wagon, or AUTOMOBILE, IS NOT A MERE PRIVILEGE which may be permitted or prohibited at will, BUT A COMMON RIGHT which he has under the right to life, liberty and the pursuit of happiness.  Under this constitutional guarantee one may, therefore, under normal conditions, travel at his inclination, along the public highways or in public places, and while conducting himself in an orderly manner, neither interfering with, nor disturbing another's rights, he will be protected, not only in his person, but in his safe conduct. (emph. added) 11 AM. JUR. (1st). Const. L., Sec. 329 (Page 1135). (Right to travel was so inherently accepted, the Founders felt no need to mention it in the U.S. Constitution.)

It is a rule as old as the law that no one shall be personally bound until he has had his day in court, by which is meant, until he has been duly cited to appear and has been afforded an opportunity to be heard.  Judgment without such citation and opportunity lacks all the attributes of a judicial determination, it is JUDICIAL USURPATION and is oppressive and can never be upheld where justice is fairly administered, 12 Am. Jur. 1st, Const. L., Sec.573, p. 269.

"While an emergency cannot create power and no emergency justifies the violation of any of the provisions of the United States Constitution or States Constitutions. Public emergency such as economic depression for especially liberal construction of constitutional powers and it has been declared that because of national emergency, it is the policy of the courts of times of national peril, so liberally to construed the special powers vested in the chief executive as to sustain an effectuate the purpose there of, and to that end also more liberally to construed the constituted division and classification of the powers of the coordinate branches of the government and in so far as may not be clearly inconsistent  with the constitution." 16 Am. Jur. 2d., Sec. 98:

"Any constitutional provision intended to confer a benefit should be liberally construed in favor of the clearly intended and expressly designated beneficiary." 16 Am. Jur. 2d., Sec.  97:

"Since the constitution is intended for the observance of the judiciary as well as other departments of government and the judges are sworn to support its provisions, the courts are not at liberty to overlook or disregard its commands or counteract evasions thereof, it is their duty in authorized proceedings to give full effect to the existing constitution and to obey all constitutional provisions irrespective of their opinion as to the wisdom or the desirability of such provisions and irrespective of the consequences, thus it is said that the courts should be in our alert to enforce the provisions of the United States Constitution and guard against their infringement by legislative fiat or otherwise in accordance with these basic principles, the rule is fixed that the duty in the proper case to declare a law unconstitutional cannot be declined and must be performed in accordance with the delivered judgment of the tribunal before which the validity of the enactment it is directly drawn into question. If the Constitution prescribes one rule and the statute another in a different rule, it is the duty of the courts to declare that the Constitution and not the statute governs in cases before them for judgment. (emph. added) 16 Am. Jur. 2d., Sec. 155:

"In all instances, where the court exercises its power to invalidate legislation on constitutional grounds, the conflict of the statute, with the constitution must be irreconcilable. Thus a statute is not to be declared unconstitutional unless so inconsistent with the constitution that it cannot be enforced without a violation thereof. A clear incompatibility between law and the constitution must exist before the judiciary is justified holding the law unconstitutional.  This principle is of course in line with the rule that doubts as the constitutionality should be resolved in favor of the constitutionality and the beneficiary." 16 Am. Jur. 2d., Sec. 255:

"The word "LIBERTY" as used in the due process clauses, includes, among other things, the liberty of the citizen to pursue any livelihood or lawful occupation AS A FUNDAMENTAL RIGHT PROTECTED BY THE CONSTITUTION, and many authorities consider the preservation of such right to be one of the INHERENT OR INALIENABLE RIGHTS PROTECTED BY THE CONSTITUTION.  Likewise, the courts have recognized that the right to follow a chosen profession FREE FROM UNREASONABLE GOVERNMENTAL INTERFERENCE comes within the "liberty" (and property) concept of the Fifth Amendment." (emph. added)  16A Am. Jur. 2d Sec. 562.

"The right of privacy, as an independent and distinctive legal concept, has two main aspects: (1) the general law of privacy, which affords a tort action for damages resulting from an unlawful invasion of privacy, and (2) THE CONSTITUTIONAL RIGHT OF PRIVACY WHICH PROTECTS PERSONAL PRIVACY AGAINST UNLAWFUL GOVERNMENT INVASION. While the Federal Constitution does not explicitly mention any Right of privacy, the Supreme Court of the United States has declared that THE RIGHT OF PRIVACY IS A FUNDAMENTAL RIGHT GUARANTEED BY THE FEDERAL CONSTITUTION.  This declaration was adopted by Congress when it enacted the Privacy Act of l974.  The Constitutional protected right of privacy has been described by the Supreme Court as THE RIGHT TO BE LET ALONE." (emph. added) 16A Am. Jur. Section 601.

"In addition to the REQUIREMENT that the regulations governing the use of the highway MUST NOT BE VIOLATIVE OF CONSTITUTIONAL GUARANTEES, the prime essentials of such regulations are REASONABLENESS, impartiality, and definiteness or certainty."  (emph. added) 25 AM. JUR. 1st, Highways, Sec 260

"The terms "Travel" and "traveler" are usually construed in their broad and general sense... so as to include all THOSE WHO RIGHTFULLY USE THE HIGHWAYS vertically and who have occasion to pass over them  FOR THE PURPOSE OF BUSINESS, CONVENIENCE, or PLEASURE." (emph. added) 25 AM. JUR. 1st, Highways, Sec. 427

"Personal liberty, or the right to the enjoyment of life and liberty, is one of the fundamental constitutional strengths, and natural rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, nor dependent on the US Constitution, and may not be submitted to a vote, and may not depend upon the outcome of an election. IT IS ONE OF THE MOST SACRED AND VALUABLE RIGHTS... and is regarded as inalienable". (emph. added) 16 CJS, Const. L., Sec. 202 (page 987).

"The word 'automobile' connotes a pleasure vehicle designed for the transportation of persons on highways." (emph. added) American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200

"It may be stated, as a general principle of law, that it is for the legislature to determine whether the conditions exist which warrant the exercise of this power; but the question as to what are the subjects of its exercise, is clearly a judicial question. ONE MAY BE DEPRIVED OF HIS LIBERTY AND HIS CONSTITUTIONAL RIGHTS THERETO MAY BE VIOLATED, WITHOUT ACTUAL IMPRISONMENT OR RESTRAINT OF HIS PERSON."  (emph.added)  IN RE AUBREY, 36 Wn 308, 314-315, 78 P. 900 (1915).

"In Barber v. State, 149 Tex.Cr.R. 18, 191 S.W 2d 879, a complaint charging the operation of an automobile and failure to display operator's license on demand of a peace officer was held insufficient to charge an offense in the absence of an allegation that accused was, on the date of the alleged offense, a licensee.

"There should be no arbitrary deprivation of life or LIBERTY..." (emph. added) BARBOUR v. CONNOLLY, 113 US 27, 31; YICK WO v. HOPKINS SHERIFF, 118 US 356.

"In BARBOUR v. WALKER, 126 Okl. 227, 259 P. 552, 56 ALR 1049, 1053, THE DISTINCTION BETWEEN THE RIGHT OF THE CITIZEN TO USE THE PUBLIC HIGHWAYS for private rather than commercial purposes IS RECOGNIZED..."  (emph. added)  Washington AGO 59-60, No.: 88, P. 10.

"When the public highways are made the PLACE OF BUSINESS the state has a right to regulate their use in the interest of safety and convenience of the public as well as the preservation of the highways."  "Heretofore the court has held, and the affiant would think correctly, that while a citizen has the RIGHT to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, AS A PLACE OF BUSINESS FOR PRIVATE GAIN." (emph. added) BARNEY v. BD OF RR COMM'RS, 17 P. 2d 82; WILLIS v. BUCK , 81 MONT. 472, 263 P. 982.

"Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property." Bary v. United States - 273 US 128

"It is the duty of the courts to be watchful for the Constitutional Rights of the affiant, and AGAINST ANY STEALTHY ENCROACHMENT THEREON."  (emph. mine)  BOYD v. US, 116 US 616 (1886).

"Constitutional provisions, where the security of a person and property are to be liberally construed, and it is the duty of the courts to be watchful for the constitutional rights of the affiant and against any stealth encroachment therein." Bryars v. United States  273 USR 28:

"Proof of the driving of an automobile while the driver's license was suspended does not sustain the allegations of the information. This proof is insufficient to sustain the allegations of the offense charged in the information because a driver's license is not an operator's license.  There is in Texas no such license as a 'driver's license'.  The evidence being insufficient to support the conviction, the judgment is reversed and the cause remanded." Campbell v. State of Texas, 274 S.W. 2d 401, 402.

"The use of the highway for the purpose of travel and transportation IS NOT A MERE PRIVILEGE, but a COMMON AND FUNDAMENTAL RIGHT of which the public and INDIVIDUALS CANNOT RIGHTFULLY BE DEPRIVED." (emph. added) CHICAGO MOTOR COACH v. CHICAGO, 337 111, 200. 169 NE 22, 66 ALR 834; LIGARE v. CHICAGO, 139 111, 46 28 NE 934; Boon v. Clark, 214 SW 607; 25 AM. JUR. (1st) HIGHWAYS, Sec. 163

The statutory provision is mandatory when it is the essence of the thing to be done, and it is directory when it is included only for the purpose of promoting the proper, orderly, and prompt conduct of business. The City of Dallas, Texas, Relator, v. The Honorable Ken Vaughan, Judge, County Criminal Court of Appeals, Number One, Respondent, 750 S.W.2d 345; 1988 Tex. App.

The term 'motor vehicle' is different and broader than the word 'automobile.'" (emph. added) City of Dayton v. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232

The term Drivers License is not a specific single License to be required by law.  The license means to confer on a person the right to do something which otherwise he would not have the right to do. (See) City of Louisville v. Sebree, 214 SW 2d. 248; 308 Ky. 420.

"As the affiant has said on more than one occasion, it may be difficult, if not impossible, to give to the terms "due process of law" a definition which will embrace every permissible exertion of power affecting private rights and exclude such as are forbidden...   In this country, the requirement is intended to have a similar effect against legislative power, that is, to secure the affiant AGAINST ANY ARBITRARY DEPRIVATION OF HIS RIGHTS, whether relating to his LIFE, LIBERTY, or his PROPERTY.... the great purpose of this requirement is to exclude everything that is arbitrary and capricious as would be ambiguous in nature, IN LEGISLATION, affecting the rights of citizens." (emph.mine) DENT v. STATE OF WEST VIRGINIA, 129 US 114, 123-124,32 L.Ed 623, 9 S.Ct 231 (1888).

"All [person's] born or naturalized in the United States.  Being subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.  NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF THE CITIZENS OF THE UNITED STATES..." (emph,added) EDWARDS v. CALIFORNIA, 314, US 160, 182 (1941).

"The Right of the citizen to travel upon the highway and to transport his property thereon, in the ordinary course of life and business, DIFFERS RADICALLY AND OBVIOUSLY  from one who makes the highway his place of business and uses it for private gain... The FORMER IS THE USUAL AND ORDINARY RIGHT OF THE CITIZEN, A RIGHT COMMON TO ALL, while the latter is special, unusual, and extraordinary." (emp.added) EX PARTE DICKEY (DICKEY v. DAVIS), 76 W.Va 576, 85 SE 781 (cited by Washington decisions) (See also TECHE LINES v. DANFORTH, supra, and THOMPSON v. SMITH, supra).

The rights to freedom of speech, freedom of the press, freedom of assembly, and freedom of religious worship are not privileges. (See) Douglas v. City of Jeannette, 130 F. 2d. 652, 655.

The Right of affiant to use the highways, including the streets of the city or town, for travel and to transport his goods, is an inherent right which cannot be taken from the native, (See) Florida Motor Lines v. Ward, 137 So. 163, 167; State v. Quigg, 114 So. 859, 862; Davis v. City of Houston, 264 SW 625, 629 (Tex. Civ. App.).

"It is not contended by any one that the city would have the right to prevent the appellant from riding in his automobile on any street in the city... for the streets were builded (sic) for that purpose." GREEN v. SAN ANTONIO, 178 SW 6

"... There is a opinion that there is a CLEAR DISTINCTION... between an [individual] and a corporation..."  The Constitution is the distinction stating the corporation is treated like an unnatural person, and has no constitutional rights guaranteed under this document for the people. THE INDIVIDUAL MAY STAND UPON HIS CONSTITUTIONAL RIGHTS AS THE AFFIANT. He is entitled to carry on his private business in his own way.  His power to contract is unlimited.  HE OWES NO DUTY TO THE STATE or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may incriminate him.  HE OWES NO SUCH DUTY TO THE STATE, SINCE S/HE RECEIVES NOTHING THEREFROM, beyond the protection of his life and property. HIS RIGHTS ARE UNALIENABLE UNDER THE CONSTITUTION AS EXISTED BY THE LAW AND CAN ONLY BE TAKEN AWAY FROM HIM BY DUE PROCESS OF LAW, AND IN ACCORDANCE WITH THE CONSTITUTION... HE OWES NOTHING TO THE PUBLIC SO LONG AS HE DOES NOT TRESPASS UPON THEIR RIGHTS." (Emph. Added) HALE v. HENKEL, 201 US 43, 74 (1906).

"We hold that state officials, sued in their individual capacities, are “persons” within the meaning of 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under 1983 solely by virtue of the “official” nature of their acts." HAFER v. MELO, 502 U.S. 21 (1991)

"Information alleging that defendant operated a motor vehicle upon public highway without a 'driver's license' charged no offense under Drivers' License Act, since a driver's license is not known to the law because the act only authorizes issuance of operators', commercial operators', and chauffeurs' license and use of term 'driver' interchangeably with term 'operator' would not be authorized in view of definition in the act of term driver as meaning every person who drives or is in actual physical possession of a vehicle. There being no such license known to the law, it follows that the information, in charging the driving of a motor vehicle upon a public highway without such a license, charges no offence. Because of the defect in the information, the judgment is reversed and prosecution ordered dismissed." Hassell v. State of Texas, 194 S.W. 2d 400, 401.

"That statutes which would deprive a citizen of the rights of a person or property, WITHOUT A REGULAR TRIAL, according to the course and usage of the common law, would not be the law of the land." (emph. added) HOKE v. HENDERSON, 15 N.C. 15.

"The information was insufficient to charge an offense for operating a motor vehicle while the appellant's driver's license was suspended, in that it does not allege that appellant has been issued a driver's license or that he drove a motor vehicle while such license was suspended. Holloway v. State of Texas, 237 S.W. 2d 303, 304

"The state CANNOT diminish RIGHTS of the PEOPLE." (emph. added) HURTADO v. CALIFORNIA, 110 US 516.   "A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received." International Motor Transit Co. v. Seattle, 251 P. 120

Keith Brooks v. State, 158 Tex. App. 546; 258 SW 2d. 317: (1953); Tex. Crim. App. LEXIS 1688. "An information charging the driving of a motor vehicle upon a public highway without a driver's license charges no offense, as there is no such license as a driver's license known to the law."

"The Right to "travel" is part of the "liberty" of which a citizen cannot be deprived without due process of law under the Fifth Amendment, This Right was emerging as early as the Magna Charta." (emph. added) KENT v DULLES, 357 US 116, 125.

It is unconstitutionally vague for a state to require a person to produce "credible and reliable" identification when requested to do so by a police officer.  Where the Court invalidated, on vagueness grounds, a state law requiring persons on the street to present "credible and reliable" identification when asked by a police officer.  The Court said this law, in its vagueness, gave too much discretion to the police for arbitrary and selective enforcement. Kolender v. Lawson, 461 US 352 (1983)

"No person shall be held to answer for a capital or otherwise infamous crime unless or a presentation or indictment of a grand jury." (See) Mackin v. United States, 117 US 348; 6 S. Ct. 777; 29 L. Ed. 909; and Brede v. Powers, 263 US 4; 44 S. Ct. 8; 68 L. Ed. 132.

"No provision of the Constitution is designed to be without effect," "Anything that is in conflict is null and void of law", "Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it.  It operates as a near nullity or a fiction of law." Marbury v. Madison : 5 US 137 (1803):

"As a rule, fundamental limitations of regulations under the police power are found in the spirit of the constitutions, not in the letter, although they are just as efficient as if expressed in the clearest language."  MEHLOS v. MILWAUKEE, 156 WIS 591, 146 NW 882, 51 LRA 9N.S.0 1009.

"The claim and exercise of a constitutional right CANNOT BE CONVERTED INTO A CRIME." (emph. added)  MILLER v. US, 230 F. 486, 489.

The Constitution is the supreme law of the State and therefore its "provisions prevail over any legislative action." (See) Miners & Merch. Bank v. Board of Supervisers, 101 P. 2d. 461, 462.

"Where rights secured by the constitution are involved, there can be no rule or law making or legislation which would abrogate or abolish them." MIRANDA v. ARIZONA, 384 US 436.

"The automobile is not inherently dangerous." MOORE v. RODDIE, 106 Wn. 518; COHEN v. MEADOR, 89 SE 867; BLAIR v. BROADMORE, 93 SE 632. 

Inalienable, means incapable of being surrendered or transferred, at least without one's consent. (See) Morrison v. State, 252 SW 2d. 97, 101 (Mo. App.)

"A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence.  That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position.  Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority, the inquiry as to whether the state has given something for which it cannot ask a return, is an irrelevant exchange for cause and nature of such a claim. No state may convert any secured liberty into a privilege and issue a license and a fee for it." Mudook  v. Penn., 319 US 105:(1943)

"An unconstitutional act is not law.  It confers no rights, it imposes no duties, it affords no protections, it creates no office.  It is in legal contemplation as inoperative as though it has never does not exist, can have no validity whatever in law." Norton v. Shelby County,  118 USR 425:

"The right of action created by statute relating to deprivation under color of law, of a right secured by the constitution and the laws of the United States and comes claims which are based solely on statutory violations of Federal Law and applied to the claim that claimants had been deprived of their rights, in some capacity, to which they were entitled."  "Officers of the court have no immunity when violating constitutional right, from liability"  (emph. added) Owen v. Independence 100 Vol. Supreme Court Reports. 1398:(1982) Main v. Thiboutot 100 Vol. Supreme Court Reports. 2502:(1982)

"Moreover, a "distinction MUST BE OBSERVED between the REGULATION of an activity which may be engaged in as a MATTER OF RIGHT and one carried on by government sufferance or permission." (emph. added) PACKARD v. BANTON, 264 US 140, 145.

"The police power of the state must be exercised IN SUBORDINATION to the provisions of the U.S. Constitution." PANHANDLE EASTERN PIPELINE CO. v. STATE HIGHWAY COMMISSION, 294 US 613, 79 L.Ed 1090, 55 S.Ct. 563; BUCHANAN v. WARLEY, 245 US 60, 62 L.Ed 149, 38 S.Ct.16.

The object of a license is to confer a power which does not exist without it. (See) Payne v. Massey, 196 SW 2d. 493; 145 Tex, 273.

"A license... is no more than a temporary permit to do that which would otherwise BE UNLAWFUL..." (emph. mine) RAWSON v. DEPT OF LICENSES, 15 Wn.2d 364, 371 (1942).

"The only limitations found restricting the right of the state to condition the use of the public highways as a means of vehicular transportation FOR COMPENSATION are (1) that the state MUST NOT exact of those it permits to use the highways for hauling FOR GAIN that they shall SURRENDER ANY OF THEIR INHERENT U.S. CONSTITUTIONAL RIGHTS as a condition precedent to obtaining permission for such use..." (emph.added). RILEY v. LAWSON, 143 SO. 619; STEPHENSON v. BINFORD, 287 US 251, 87 ALR 721, 736.

"Complete freedom of the highways is so old and WELL ESTABLISHED a blessing that the affiant has forgotten the days of the robber barons and toll roads, and yet, under an act such as this, arbitrarily administered, the highways may become completely monopolized.  If, through LACK OF INTEREST, the people submit, THEY MAY LOOK TO SEE THE MOST SACRED OF LIBERTIES TAKEN FROM THEM, ONE BY ONE, BY MORE OR LESS RAPID ENCROACHMENT". (Emph. Mine) ROBERTSON v. DEPARTMENT OF PUBLIC WORKS, 180 Wn 133, 147 (1934) Dissenting Op.

"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."  (emph. added) Sherar v. Cullen, 481 F. 946

The essential elements of  "due process of law" are:  1) NOTICE, and...  2) the opportunity to defend SIMON v. CRAFT, 182 US 427.

"The citizen will find it intolerable that one constitutional right should have to be surrendered in order to assert another." SIMMONS v. US, 390 US 389 (1968).

"Life liberty, property, and the equal protection of the law, grouped together within the Constitution law status, are so related that the deprivation of any one of those separate and independent rights may extinguish or lesson the value of the other three.  In so far as a man is deprived of the Right to labor, his liberty is restricted, his capacity to earn wages and acquire property is lessened, and he is denied the protection which the law affords those who are permitted to work.  Liberty means more than just freedom from servitude, and the Constitutional guarantee is an assurance that the citizen shall be protected in the right to use his powers of mind and body in any lawful calling." SMITH v. TEXAS, 233 US 630, 636, 58 L. Ed 1129 (1913).

Stanek v. White , 215 North Western Reporter, pg. 784 (Oct. 14, 1927) States: "There is a distinction between a debt discharged and one paid. When discharged, the debt still exists....."

"First, IT IS WELL ESTABLISHED LAW that the highways of the state are public PROPERTY, that their primary and preferred use is FOR PRIVATE PURPOSES, and that their use for  PURPOSES OF GAIN is special and extraordinary which, generally at least, the legislative edits of the legislature can prohibit or condition as it sees fit." (emph. added) STEPHENSON v. BINFORD, 287 US 251, 77 L. Ed 288, 53 S. CT. 181, 87 ALR 721, 727; PACKARD v. BANTON, 264 US 140, 144, 68 L. Ed 596, 607, 44 S. Ct. 257  and cases cited; FROST 7 F. TRUCKING CO. v. R.R. COMM., 271 US 583, 592, 70 L.Ed 1101, 1104, 47 ALR 457, 46 S. Ct. 605.

"If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity." (emph. added) Shuttlesworth v. Birmingham Al., 373 US 262:(1962)

"All sorts of restrictions and burdens are imposed under it (police power), and when these are NOT IN CONFLICT with any CONSTITUTIONAL PROHIBITIONS, OR FUNDAMENTAL PRINCIPLES, they cannot be successfully assailed in a judicial tribunal. ... but under the pretense of prescribing a police regulation, the State cannot be permitted to ENCROACH UPON ANY OF THE JUST RIGHTS OF THE AFFIANT which the Constitution intended to secure against abridgement." (emph. added). SLAUGHTER HOUSE CASES, 16 WALL 36, 87.

"The RIGHT of the citizen to TRAVEL upon the highway and to transport his property thereon, in the ordinary course of life and business, DIFFERS OBVIOUSLY AND RADICALLY from that of one who makes the highway his place of business and uses it for private gain..." (emph. added) STATE v. CITY OF SPOKANE, l09 Wn 360, 186 P. 864.

"... for while a citizen has the RIGHT to TRAVEL upon the public highways and to transport his property thereon, the Right does not extend, in whole or in part, AS A PLACE OF BUSINESS FOR PRIVATE GAIN. For the latter purpose, no person has a vested right to use the highways of the state, BUT AS A MERE PRIVILEGE OR LICENSE which the Legislature may grant or withhold at its discretion..." (emph. added) STATE v. JOHNSON, 75 Mont. 240, 243 P 1073; HADFIELD v. LUNDIN, supra; CUMMINS v. JONES, 79 Ore 276, 155 P 171; PACKARD v. BANTON 44 S. Ct 257, 264 US 140, 68 L. ED 598

"The right to earn a living by working for remuneration is not a "substantive privilege granted by the state."  It is, as described by the Supreme Court of Wyoming:"...one of those inalienable rights covered by the statements in the Declaration of Independence and secured to all those living under our form of government, by the liberty, property, and happiness clauses of the national and state constitutions." STATE v. SHERIDAN, 25 WYO. 347, 357, 170 p.1, 1 ALR 955." CARY v. BELLINGHAM, 41 Wn.2d 468, 472, 250 P.2d 114 (1952).

"The use of the highways of the state FOR PURPOSES OF GAIN is special and extraordinary, and may generally be prohibited or conditioned by the legislature as it sees fit." (emph. added) STEPHENSON v. BINFORD, SUPRA; R.R. COMMISSION v. INTER-CITY FORWARDING Co., 57 SW. 2d 290; PARLETT COOPERATIVE v. TIDEWATER LINES, 165 A. 313.

"(The roads)... are constructed and maintained at public expense, and no person, therefore, can  insist that he has, or may acquire, a vested right to their use in CARRYING ON A COMMERCIAL BUSINESS." (emph. added.) EX PARTE STERLING, 53 SW 2d 294; BARNEY v. R.R. COMM'RS, 17 P. 2d 82; STEPHENSON v. BINFORD, supra.

"The RIGHT of the affiant to TRAVEL upon the public highways and to transport his property thereon, in the ordinary course of life and business IS A COMMON RIGHT which he has under the Right to enjoy life, liberty, to acquire and possess property, and to pursue happiness and safety.  IT INCLUDES THE RIGHT, in so doing, TO USE THE ORDINARY AND USUAL CONVEYANCES OF THE DAY and under the existing modes of travel, INCLUDES THE RIGHT...TO OPERATE AN AUTOMOBILE THEREON, for the usual and ordinary purposes of life and business." (emph. added) TECHE LINES v. DANFORTH, 12 So. 2d 784; THOMPSON v. SMITH, supra.

"The RIGHT of the affiant TO TRAVEL UPON THE PUBLIC HIGHWAYS and to transport his property thereon, either by horse-drawn carriage OR BY AUTOMOBILE, IS NOT A MERE PRIVILEGE which the city may prohibit or permit at will, BUT IS A COMMON RIGHT which he has under the Right to life, liberty, and the pursuit of happiness" guaranteed by the Constitution. (emph. added) THOMPSON v. SMITH, 155 Va 367, 154 SE 579, 71 ALR 604.

"It is well and amply settled that the Constitutional rights protected by invasion by the police power, include rights safeguarded both by express and implied prohibitions in the constitutions."  TIGHE v. OSBORN, 131 A. 801, 43 ALR 819. 

"In Bivens, 403 U.S. at 389, 91 S.Ct. at 2001, the Supreme Court held that when "a federal agent acting under color of his authority" violates the Constitution, the agent's victim may recover damages against the agent. Such claims are the counterpart to suits under 42 U.S.C. § 1983 against state officials who infringe plaintiffs' federal constitutional or statutory rights. See Butz v. Economou, 438 U.S. 478, 503-04, 98 S.Ct. 2894, 2909-10, 57 L.Ed.2d 895 (1978); McSurely v. Hutchison, 823 F.2d 1002, 1005 (6th Cir.1987), cert. denied, 485 U.S. 934, 108 S.Ct. 1107, 99 L.Ed.2d 269 (1988)." "... in Wyatt v. Cole, 504 U.S. 158, 159, 112 S.Ct. 1827, 1828-29, 118 L.Ed.2d 504 (1992), the Supreme Court held that a party who is not a public official may be liable under 42 U.S.C. § 1983 and yet not be entitled to qualified immunity because, if not a public official, the reason for affording qualified immunity does not exist. Applying this reasoning to the instant case, we hold that a party not a public official may be liable under Bivens, but not entitled to qualified immunity because the reason for affording qualified immunity to a public official does not apply to a government actor who is not a public official." Vector Research v. Howard, 76 F. 3d 692 - C of Apps, 6th Circuit 1996

"Under its power to REGULATE private uses of our highways, our legislature has required that motor vehicle operators to be licensed... Undoubtedly, the primary purpose of this requirement is to insure, as far as possible, THAT ALL MOTOR VEHICLE OPERATORS WILL BE COMPETENT AND QUALIFIED, thereby reducing the potential hazard or risk of harm, to which other users of the highway MIGHT otherwise be subject.  But once having complied with this regulatory provision, by obtaining the requisite license, a motorist enjoys the PRIVILEGE of traveling freely upon the highways..." Washington AGO 59-60, No: 88, p.11.

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U.S. CONSTITUTION [Some very old spellings—of the time—are in place, below.]

Article 1, Section. 1.  All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Article 1, Section. 8. The Congress shall have Power to lay and collect Taxes, Duties, imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Impost and Excises shall be uniform throughout the united States. [some books print this as ‘United’ but the founders intended it not capitalized.] To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof. and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court [ similarly, ‘supreme’ should not be capitalized!]; To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (riot exceeding ten Miles square) as may, by Cession of particular States. and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock Yards and other needful Buildings;- -And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article 1, Section. 9. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Article 1, Section. 10. No state shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin  Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Article 3, Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; -- to all Cases affecting Ambassadors, other public Ministers and Consuls; -- to all Cases of admiralty and maritime Jurisdiction;- - to Controversies to which the United States shall be a Party, --- to Controversies between two or more States; between a States and Citizens of another state; between Citizens of different States -- between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.  In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.  The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Article 4, Section. 2. The Citizens of each State shall be entitled to all Privileges and immunities of Citizens in the several States.

Article 6, Clause 2. This Constitution, and the Laws of the United States which shall be made In Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Bill of Rights, Article 1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Bill of Rights, Article 2. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Bill of Rights, Article 4: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."

Bill of Rights, Article 5: "No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service, in time of War, or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Bill of Rights, Article 6: "In all criminal prosecutions, the affiant shall enjoy the right to a speedy and public trial, by an impartial jury of their peers and district wherein the offense as a misdemeanor or criminal in nature shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of Counsel for his defense."

Bill of Rights, Article 7: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a Jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Bill of Rights, Article 8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bill of Rights, Article 9: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Bill of Rights, Article 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[In 1913, the 17th Amendment to the U.S. Constitution made federal Senators directly elected by the people instead of appointed by the states, changing the Republic from complex to simple.  Originally, only House Representatives (& the President & VP) were intended to be elected by the people.  This moved us much more towards strong federal control, as it greatly reduced State power.  It took away a significant check & balance.  This was the same time & people who put in the Income Tax Act and the Federal Reserve Act and the 16th Amendment.  It was no accident.]

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TEXAS CONSTITUTION

NOTE: You want to get the Annotated Version of the Texas Constitution, because you want court cases which point out certain things, like a deputy sheriff has to take his oath, like every one else.

Article 1, Section 8.  Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.  In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence.  And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

Article 1, Section 9.  The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

Article 1, Section 10.  In all criminal prosecutions the accused shall have a speedy  public trial by an impartial jury.  He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.  He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.

Article 1, Section 11.  all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.

Article 1, Section 12.  The writ of habeas corpus is a writ of right, and shall never be suspended.  The Legislature shall enact laws to render the remedy speedy and effectual.

Article 1, Section 13.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.  all courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

Article 1, Section 14.  No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.

Article 1, Section 15.  The right of trial by jury shall remain inviolate.  The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.  Provided, that the Legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury.

Article 1, Section 18.  No person shall ever be imprisoned for debt.

Article 1, Section 19.  No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

Article 1, Section 23.  Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Article 1, Section 27.  The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

{NOTE: Since you have the right to assemble, which a reasonable person would conclude that you should have the right to get to the assembly, and Sec. 29 below shows that the Texas legislature have no authority to create a law that would abridge the right to assemble, then why are you required to have a registration sticker, safety sticker, proof of insurance and go no faster than some sign in your mode of conveyance or be subject to being detained, arrested and even jailed on your way to or from an assembly?}

Article 1, Section 29.  To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

Article 3, Section 22.  A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House, of which he is a member, and shall not vote thereon.

{NOTE: Above verifies that the State Bar Assocation is unconstitutional, because in 1939 when the State Bar was established, there were 27 lawyer in the Texas Senate out of 31 Senators. It takes 2/3 rd of a body to make a Quorum to do business which means there would have to be 21 non-lawyers to vote on this issue, this act was unconstitutional.}

Article 3, Section 29.  The enacting clause of all laws shall be: "Be it enacted by the Legislature of the State of Texas."

Article 3, Section 30.  No law shall be passed, except by bill, and no bill shall be so amended in its passage through either House, as to change its original purpose.

Article 3, Section 43.  (a) The Legislature shall provide for revising, digesting and publishing the laws, civil and criminal; provided, that in the adoption of and giving effect to any such digest or revision, the Legislature shall not be limited by sections 35 and 36 of this Article. (b) In this section, "revision" includes a revision of the statutes on a particular subject and any enactment having the purpose, declared in the enactment, of codifying without substantive change statutes that individually relate to different subjects.

Article 3, Section 51. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever.

Article 3, Section 56. The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing: Creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts. And in all other cases where a general law can be made applicable, no local or special law shall be enacted; provided, that nothing herein contained shall be construed to prohibit the Legislature from passing special laws for the preservation of the game and fish of this State in certain localities.

Article 4, Section 21.  There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall continue in office during the term of service of the Governor.  He shall authenticate the publication of the laws, and keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before the Legislature, or either House thereof, and shall perform such other duties as may be required of him by law.  He shall receive for his services an annual salary in an amount to be fixed by the Legislature.

Article 5, Section 1.  The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.

Article 5, Section 3-b.  The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this State from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any state agency under any statute of this State.

Article 5, Section 10.  In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature.

Article 5, Section 11.  No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when he shall have been counsel in the case. 

Article 5, Section 12. (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the Commission of an offense.  An information is a written instrument presented to a court by an attorney for the State charging a person with the Commission of an offense.  The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law.  The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.

Article 5, Section 15.  There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. 

Article 5, Section 16.  The County Court has jurisdiction as provided by law.  The County Judge is the presiding officer of the County Court and has judicial functions as provided by law.  County court judges shall have the power to issue writs necessary to enforce their jurisdiction.

Article 5, Section 17.  The County Court shall hold terms as provided by law.  Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law.  Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit.  A jury in the County Court shall consist of six men; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same.

Article 5, Section 19.  Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law.  Justices of the peace shall be ex officio notaries public.

Article, Section 21.  A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years.  In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election.  The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature.  The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys.  District Attorneys shall hold office for a term of four years, and until their successors have qualified.

Article 8, Section 1-e.  1.  No State ad valorem taxes shall be levied upon any property within this State.

Article 15, Section 7.  The Legislature shall provide by law for the trial and removal from office of all officers of this State, the modes for which  have not been provided in this Constitution.

Article 16, Section 1.  (a) Members of the Legislature, and all other elected  officers, before they enter upon the duties of their offices, shall take  the following Oath or Affirmation:  "I,________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ________ of the State of Texas, and  will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."

   (b) Each member of the Legislature and all other elected officers,  before taking the Oath or Affirmation of office prescribed by this  section and entering upon the duties of office, shall subscribe to the  following statement:  "I,________, do solemnly swear (or affirm) that I have not directly or  indirectly paid, offered, promised to pay, contributed, or promised to  contribute any money or thing of value, or promised any public office or  employment for the giving or withholding of a vote at the election at  which I was elected so help me God."

   (c) The Secretary of State, and all other appointed officers, before  entering upon the duties of their offices, shall take the following Oath  or Affirmation:  "I,________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ________ of the State of Texas, and  will to the best of my ability preserve, protect, and defend the  Constitution and laws of the United States and of this State, so help me God."

   (d) The Secretary of State, and all other appointed officers, before  taking the Oath or Affirmation of office prescribed by this section and  entering upon the duties of office, shall subscribe to the following  statement:  "I,________, do solemnly swear (or affirm) that I have not directly or  indirectly paid, offered, or promised to pay, contributed, or promised  to contribute any money, or valuable thing, or promised any public  office or employment, as a reward to secure my appointment or  confirmation thereof, so help me God."

   (e) Members of the Legislature and all other elected officers shall file the signed statement required by Subsection (b) of this section  with the Secretary of State before taking the Oath or Affirmation of  office prescribed by Subsection (a) of this section.    (f) The Secretary of State and all other appointed officers shall  file the signed statement required by Subsection (d) of this section  with the Secretary of State before taking the Oath or Affirmation of  office prescribed by Subsection (c) of this section.

Article 16, Section 28. No current wages for personal service shall ever be subject  to garnishment, except for the enforcement of court-ordered child support payments.

Article 16, Section 40. No person shall hold or exercise at the same time, more than one civil office of emolument except that of the Justice of the Peace..... and other persons list in this section.

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UNITED STATES CODE [Laws of the U.S. made by Congress, “codified” by being grouped by type (into one of fifty types), i.e. for example, Title 26USC is federal taxes—all the federal tax laws.  The Code is called a Title; you will see the number associated with the Codes (26USC) as well as its regulations (26CFR), but the main controlling document is found in the Federal Register. {See Title 44USC, below, for an explanation of CFR.  CFRs are not always the same number as their Code.}]

Title 3  [The President] § 301. General authorization to delegate functions; publication of delegations The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

*** TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 389, SEC. 1, 61 STAT. 641 Chapt. 1. The Flag  § 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.

§ 2. Same; additional stars On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.

§ 3. Use of flag for advertising purposes; mutilation of flag Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words ''flag, standard, colors, or ensign'', as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.

•CHAPTER 4 - THE STATES § 110. Same; definitions As used in sections 105-109 of this title - •(a) The term 'person' shall have the meaning assigned to it in section 3797 of title 26. •(b) The term 'sales or use tax' means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable. •(c) The term 'income tax' means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts. •(d) The term 'State' includes any Territory or possession of the United States. •(e) The term 'Federal area' means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. ***

Title 5  [Government Organization and Employees] § 552. Public information; agency rules, opinions, orders, records, and proceedings •(a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public - Courts lose jurisdiction if they do not follow Due Process Law. Title 5, US Code Sec. 556(d), Sec. 557, Sec.706:

Sec. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the agency, consider a violation of section 557(d) of this title sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.

Sec. 706. Scope of review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall - • (1) compel agency action unlawfully withheld or unreasonably delayed; and • (2) hold unlawful and set aside agency action, findings, and conclusions found to be - • (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; • (B) contrary to constitutional right, power, privilege, or immunity; • (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; • (D) without observance of procedure required by law; • (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the  record of an agency hearing provided by statute; or • (F) unwarranted by the facts to the extent that the facts are  subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

***

Title 12 - Banks and Banking § 411. Issuance to reserve banks; nature of obligation; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank. ***

Title 15  [Commerce and Trade] § 17. Antitrust laws not applicable to labor organizations The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws.

§ 1671. Congressional findings and declaration of purpose •(a) Disadvantages of garnishment The Congress finds: •(1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce. •(2) The application of garnishment as a creditors' remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce. •(3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country. •(b) Necessity for regulation

§ 1692. Congressional findings and declaration of purpose •(a) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. •(b) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. •(c) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. •(d) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. •(e) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

***

Title 18  [Crimes and Criminal Procedure] § 4. Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

§ 8. Obligation or other security of the United States defined The term ''obligation or other security of the United States'' includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

§ 31. Definitions "Motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;

§ 241. Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.

§ 242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

§ 246. Deprivation of relief benefits Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

§ 600. Promise of employment or other benefit for political activity Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both. (Do People running for office promise to give people something if they will vote for them?)

§ 876. Mailing threatening communications Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.

§ 912. Officer or employee of the United States Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

§ 913. Impersonator making arrest or search Whoever falsely represents himself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be fined under this title or imprisoned not more than three years, or both.

§ 1001. Statements or entries generally Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

§ 1581. Peonage; obstructing enforcement (a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined under this title or imprisoned not more than 20 years, or both.  If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both. (b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a).

§ 2381. Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined not less than $10,000; and shall be incapable of holding any office under the United States.

§ 2382. Misprision of treason Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.

*** Title 22  [Foreign Relations and Intercourse] § 286. Acceptance of membership by United States in International Monetary Fund The President is hereby authorized to accept membership for the United States in the International Monetary Fund (hereinafter referred to as the "Fund"), and in the International Bank for Reconstruction and Development (hereinafter referred to as the "Bank"), provided for by the Articles of Agreement of the Fund and the Articles of Agreement of the Bank as set forth in the Final Act of the United Nations Monetary and Financial Conference dated July 22, 1944, and deposited in the archives of the Department of State. ***

Title 26  [Internal Revenue Code] § 7701. Definitions (26) Trade or business The term ''trade or business'' includes the performance of the functions of a public office. ***

Title 28  [Judiciary and Judicial Procedure] § 1330. Actions against foreign states •(a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605-1607 of this title or under any applicable international agreement. •(b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title. •(c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 1605-1607 of this title.

§ 1331. Federal question The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

§ 1332. Diversity of citizenship; amount in controversy; costs •(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between - •(1) citizens of different States; •(2) citizens of a State and citizens or subjects of a foreign state; •(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and •(4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States. For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled. •(b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. •(c) For the purposes of this section and section 1441 of this title – •(1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business; and •(2) the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent. •(d) The word ''States'', as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico.

§ 1343. Civil rights and elective franchise •(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: •(1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; •(2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; •(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; •(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote. •(b) For purposes of this section - •(1) the District of Columbia shall be considered to be a State; and •(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

§ 1361. Action to compel an officer of the United States to perform his duty The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

§ 1366. Construction of references to laws of the United States or Acts of Congress For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia.

§ 1737. Copy of officer's bond Any person to whose custody the bond of any officer of the United States has been committed shall, on proper request and payment of the fee allowed by any Act of Congress, furnish certified copies thereof, which shall be prima facie evidence in any court of the execution, filing and contents of the bond.

§ 2007. Imprisonment for debt •(a) A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State. •(b) Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States commissioner for the judicial district wherein the defendant is held. ***

Title 31 - Money and Finance § 3124. Exemption from taxation •(a) Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax, except - •(1) a nondiscriminatory franchise tax or another nonproperty tax instead of a franchise tax, imposed on a corporation; and •(2) an estate or inheritance tax. •(b) The tax status of interest on obligations and dividends, earnings, or other income from evidences of ownership issued by the Government or an agency and the tax treatment of gain and loss from the disposition of those obligations and evidences of ownership is decided under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An obligation that the Federal Housing Administration had agreed, under a contract made before March 1, 1941, to issue at a future date, has the tax exemption privileges provided by the authorizing law at the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, or a department, agency, instrumentality, or political subdivision of the District, territory, or possession.

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Title 36  [Patriotic Societies and Observances] § 173. Display and use of flag by civilians; codification of rules and customs; definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

§ 175. Position and manner of display The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line. •(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section. •(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. •(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. •(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. •(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. •(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. •(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. •(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. •(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. •(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. •(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. •(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. •(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at halfstaff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection - •(1) the term ''half-staff'' means the position of the flag when it is one-half the distance between the top and bottom of the staff; •(2) the term ''executive or military department'' means any agency listed under sections 101 and 102 of title 5; and •(3) the term ''Member of Congress'' means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. •(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. •(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.

§ 176. Respect for flag No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. •(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. •(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. •(c) The flag should never be carried flat or horizontally, but always aloft and free. •(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. •(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. •(f) The flag should never be used as a covering for a ceiling. •(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. •(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. •(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. •(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. •(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. ***

Title 42  [The Public Health and Welfare], Chapter 7 - Social Security, SUBCHAPTER II § 408. Penalties •(a) In general Whoever - •(1) for the purpose of causing an increase in any payment authorized to be made under this subchapter, or for the purpose of causing any payment to be made where no payment is authorized under this subchapter, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954) as to - •(A) whether wages were paid or received for employment (as said terms are defined in this subchapter and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or •(B) whether net earnings from self-employment (as such term is defined in this subchapter and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or •(C) whether a person entitled to benefits under this subchapter had earnings in or for a particular period (as determined under section 403(f) of this title for purposes of deductions from benefits), or as to the amount thereof; or •(2) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this subchapter; or •(3) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this subchapter; or •(4) having knowledge of the occurrence of any event affecting •(1) his initial or continued right to any payment under this subchapter, or (2) the initial or continued right to any payment of any other individual in whose behalf he has applied for or is receiving such payment, conceals or fails to disclose such event with an intent fraudulently to secure payment either in a greater amount than is due or when no payment is authorized; or •(5) having made application to receive payment under this subchapter for the use and benefit of another and having received such a payment, knowingly and willfully converts such a payment, or any part thereof, to a use other than for the use and benefit of such other person; or •(6) willfully, knowingly, and with intent to deceive the Commissioner of Social Security as to his true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Commissioner of Social Security with respect to any information required by the Commissioner of Social Security in connection with the establishment and maintenance of the records provided for in section 405(c)(2) of this title; or •(7) for the purpose of causing an increase in any payment authorized under this subchapter (or any other program financed in whole or in part from Federal funds), or for the purpose of causing a payment under this subchapter (or any such other program) to be made when no payment is authorized thereunder, or for the purpose of obtaining (for himself or any other person) any payment or any other benefit to which he (or such other person) is not entitled, or for the purpose of obtaining anything of value from any person, or for any other purpose - •(A) willfully, knowingly, and with intent to deceive, uses a social security account number, assigned by the Commissioner of Social Security (in the exercise of the Commissioner's authority under section 405(c)(2) of this title to establish and maintain records) on the basis of false information furnished to the Commissioner of Social Security by him or by any other person; or •(B) with intent to deceive, falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to him or to another person, when in fact such number is not the social security account number assigned by the Commissioner of Social Security to him or to such other person; or •(C) knowingly alters a social security card issued by the Commissioner of Social Security, buys or sells a card that is, or purports to be, a card so issued, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it; or •(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both. •(b) Violations by certified payees Any person or other entity who is convicted of a violation of any of the provisions of this section, if such violation is committed by such person or entity in his role as, or in applying to become, a certified payee under section 405(j) of this title on behalf of another individual (other than such person's spouse), upon his second or any subsequent such conviction shall, in lieu of the penalty set forth in the preceding provisions of this section, be guilty of a felony and shall be fined under title 18 or imprisoned for not more than five years, or both. In the case of any violation described in the preceding sentence, including a first such violation, if the court determines that such violation includes a willful misuse of funds by such person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee. •(c) Effect upon certification as payee; definitions Any individual or entity convicted of a felony under this section or under section 1383a(b) of this title may not be certified as a payee under section 405(j) of this title. For the purpose of subsection (a)(7) of this section, the terms "social security number" and "social security account number" mean such numbers as are assigned by the Commissioner of Social Security under section 405(c)(2) of this title whether or not, in actual use, such numbers are called social security numbers. •(d) Application of subsection (a)(6) and (7) to certain aliens •(1) Except as provided in paragraph (2), an alien - •(A) whose status is adjusted to that of lawful temporary resident under section 1160 or 1255a of title 8 or under section 902 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, •(B) whose status is adjusted to that of permanent resident - •(i) under section 202 of the Immigration Reform and Control Act of 1986, or •(ii) pursuant to section 1259 of title 8, or •(C) who is granted special immigrant status under section 1101(a)(27)(I) of title 8, shall not be subject to prosecution for any alleged conduct described in paragraph (6) or (7) of subsection (a) of this section if such conduct is alleged to have occurred prior to 60 days after November 5, 1990. •(2) Paragraph (1) shall not apply with respect to conduct (described in subsection (a)(7)(C) of this section) consisting of - •(A) selling a card that is, or purports to be, a social security card issued by the Commissioner of Social Security, •(B) possessing a social security card with intent to sell it, or •(C) counterfeiting a social security card with intent to sell it. •(3) Paragraph (1) shall not apply with respect to any criminal conduct involving both the conduct described in subsection (a)(7) of this section to which paragraph (1) applies and any other criminal conduct if such other conduct would be criminal conduct if the conduct described in subsection (a)(7) of this section were not committed.

Title 42 (cont.’), Chapter 21 – Civil Rights, SUBCHAPTER I - Generally § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

§ 1985. Conspiracy to interfere with civil rights •(1) Preventing officer from performing duties If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties; •(2) Obstructing justice; intimidating party, witness, or juror If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws; •(3) Depriving persons of rights or privileges If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

§ 1986. Action for neglect to prevent Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

§ 1989. United States magistrate judges; appointment of persons to execute warrants The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.

§ 1990. Marshal to obey precepts; refusing to receive or execute process Every marshal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions of section 1989 of this title. Every marshal and deputy marshal who refuses to receive any warrant or other process when tendered to him, issued in pursuance of the provisions of this section, or refuses or neglects to use all proper means diligently to execute the same, shall be liable to a fine in the sum of $1,000, for the benefit of the party aggrieved thereby.

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Title 44  [Public Printing and Documents], Chapter 15 – Federal Register and Code of Federal Regulations § 1501. Definitions As used in this chapter, unless the context otherwise requires - ''document'' means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency; ''Federal agency'' or ''agency'' means the President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government; ''person'' means an individual, partnership, association, or corporation; and ''National Archives of the United States'' has the same meaning as in section 2901(11) of this title.

§ 1505. Documents to be published in Federal Register •(a) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register - •(1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof; •(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and •(3) documents or classes of documents that may be required so to be published by Act of Congress. For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect. •(b) Documents Authorized To Be Published by Regulations; Comments and News Items Excluded. In addition to the foregoing there shall also be published in the Federal Register other documents or classes of documents authorized to be published by regulations prescribed under this chapter with the approval of the President, but comments or news items of any character may not be published in the Federal Register. •(c) Suspension of Requirements for Filing of Documents; Alternate Systems for Promulgating, Filing, or Publishing Documents; Preservation of Originals. In the event of an attack or threatened attack upon the continental United States and a determination by the President that as a result of an attack or threatened attack - •(1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or •(2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the public of the contents of documents, the President may, without regard to any other provision of law, suspend all or part of the requirements of law or regulation for filing with the Office or publication in the Federal Register of documents or classes of documents. The suspensions shall remain in effect until revoked by the President, or by concurrent resolution of the Congress. The President shall establish alternate systems for promulgating, filing, or publishing documents or classes of documents affected by such suspensions, including requirements relating to their effectiveness or validity, that may be considered under the then existing circumstances practicable to provide public notice of the issuance and of the contents of the documents. The alternate systems may, without limitation, provide for the use of regional or specialized publications or depositories for documents, or of the press, the radio, or similar mediums of general communication. Compliance with alternate systems of filing or publication shall have the same effect as filing with the Office or publication in the Federal Register under this chapter or other law or regulation. With respect to documents promulgated under alternate systems, each agency shall preserve the original and two duplicate originals or two certified copies for filing with the Office when the President determines that it is practicable.

§ 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number.

§ 1510. Code of Federal Regulations •(a) The Administrative Committee of the Federal Register, with the approval of the President, may require, from time to time as it considers necessary, the preparation and publication in special or supplemental editions of the Federal Register of complete codifications of the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by publication in the Federal Register or by filing with the Administrative Committee, and are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the Administrative Committee. •(b) A codification published under subsection (a) of this section shall be printed and bound in permanent form and shall be designated as the ''Code of Federal Regulations.'' The Administrative Committee shall regulate the binding of the printed codifications into separate books with a view to practical usefulness and economical manufacture. Each book shall contain an explanation of its coverage and other aids to users that the Administrative Committee may require. A general index to the entire Code of Federal Regulations shall be separately printed and bound. •(c) The Administrative Committee shall regulate the supplementation and the collation and republication of the printed codifications with a view to keeping the Code of Federal Regulations as current as practicable. Each book shall be either supplemented or collated and republished at least once each calendar year. •(d) The Office of the Federal Register shall prepare and publish the codifications, supplements, collations, and indexes authorized by this section. •(e) The codified documents of the several agencies published in the supplemental edition of the Federal Register under this section, as amended by documents subsequently filed with the Office and published in the daily issues of the Federal Register shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication. •(f) The Administrative Committee shall prescribe, with the approval of the President, regulations for carrying out this section. •(g) This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to Title 3 of the Code of Federal Regulations.

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Title 50  [War and National Defense], Chapter 32 – Chemical and Biological Warfare Program § 1520. Use of human subjects for testing of chemical or biological agents by Department of Defense; accounting to Congressional committees with respect to experiments and studies; notification of local civilian officials • (a) Not later than thirty days after final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense, whether directly or under contract, involving the use of human subjects for the testing of chemical or biological agents, the Secretary of Defense shall supply the Committees on Armed Services of the Senate and House of Representatives with a full accounting of such plans for such experiment or study, and such experiment or study may then be conducted only after the expiration of the thirty-day period beginning on the date such accounting is received by such committees. • (b) • (1) The Secretary of Defense may not conduct any test or experiment involving the use of any chemical or biological agent on civilian populations unless local civilian officials in the area in which the test or experiment is to be conducted are notified in advance of such test or experiment, and such test or experiment may then be conducted only after the expiration of the thirty-day period beginning on the date of such notification. • (2) Paragraph (1) shall apply to tests and experiments conducted by Department of Defense personnel and tests and experiments conducted on behalf of the Department of Defense by contractors.

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LETTER TO DPS

To:  Texas Depart¬ment of Transportation, Chief Legal Counsel, 125 E. 11th St., Austin, TX 78701-2483 Dear Sir or Madam: It is my intent to com¬ply with all laws and stat¬utes which apply to me. My concern is how the Texas Transportation Code is made to apply to me in my use of the com¬mon ways in the pursuit of my personal business or for pleasure and not engaged in any commer¬cial activity of transport¬ing goods or passengers for hire. We have been trained since childhood to believe that all auto¬mobiles are “motor ve¬hicles” and that owner¬ship of such automobile is legitimized by apply¬ing to the State for a “cer¬tificate of title” and then registering the “certi¬fied” “motor vehicle” by purchasing license plates from the County Tax Assessor. The fallacy is that words used in law may not mean what we normally take them to mean. Rather, they mean what they are defined to mean in the pertinent law. In this case, we must comply with the defini¬tions provided In the re¬spective chapters of the Texas Transportation Code. To begin, I do not find the word “transpor¬tation” listed in the in¬dex of the Code, and it appears that the Code does not define the word. Relying then on Black’s Law Dictionary we find, “Transportation. The movement of goods or persons from one place to another, by a car¬rier” followed by a num¬ber of U. S. Supreme Court cases. Likewise, the word “carrier” is not listed in the index and appears not to be defined in the Code. Again rely¬ing on Black’s, we find, “Carrier. Individual or organization engaged in transporting passen¬gers or goods for hire. ‘Carrier’ means any person engaged In the transportation of pas¬sengers or property by land, as a common, con¬tract, or private car¬rier, or freight for¬warder as those terms are wed in the Inter¬state Commerce Act, and officers, agents and employees of such car¬riers. 18 U.S.C.A. § 831.” Since the major headings of Titles in the Transportation Code re¬late to Aviation, Navi¬gation, Railroads, Road¬ways, and Vehicles and Traffic, one might begin to suspect that the entire Code relates only to these various commer¬cial activities and that an individual using an au¬tomobile to travel on the public highways in pur¬suit of his private affairs or for pleasure may not come under the Code’s authority at all. Study of the definitions provided in the Code confirms. Chapter 501 is the codification of the Cer¬tificate of Title Act. At §501.002 Definitions we find, “(14) ‘Motor vehicle’ means: (A) any motor driven or pro¬pelled vehicle required to be registered under the laws of this state:” (underline added). The word “vehicle” remains to be defined, but it would appear from this that if an automobile is not “required to be reg¬istered,” it would not meet the definition of “motor vehicle.” Chapter 502, Regis¬tration of Vehicles, pro¬vides a different defini¬tion of “motor vehicle,” - at §502.001 Defini¬tions, (13) “Motor ve¬hicle means a vehicle that is self propelled.” The word “vehicle” is defined at “(24 ) ‘Ve¬hicle’ means a device in or by which a person or property is or may be transported or drawn on a public high¬way, other than a de¬vice used exclusively on stationary rails or track.” The key word here is “transported” which means it is used in transportation, which in turn means that it is used to carry passengers or products for hire. Continuing our search for the true mean¬ing and application of the Code, we return to Chapter 501 Section 501.022. Certificate of Title Required. “(a) The owner of a motor vehicle registered In this state may not op¬erate or permit the op¬eration of the vehicle on a public highway until the owner obtains a certificate of title for the vehicle.” and “(b) A person may not oper¬ate a motor vehicle reg-istered in this state on a public highway if the person knows or has reason to believe that the owner has not ob¬tained a certificate of title for the vehicle.” Since the word “vehicle” means a device used in transportation, none of this would apply to an automobile or truck not engaged in transporta¬tion. Section 502.002 Registration Required; General Rule states, “(a) The owner of a motor vehicle (etc.) ... shall apply for the registra¬tion of the vehicle...” Again, the word “ve¬hicle” means a devise used in transportation, so the ordinary use of an automobile or truck for private business or plea¬sure would not be af¬fected by this require¬ment.

The clincher in this argument is found at Section 501.004, Applica¬bility. “(a) This chap¬ter applies to a motor vehicle owned by the state or political sub¬division or the state.” (underline added). Since the meaning of statutes cannot be expanded to mean more than the clear meaning of the words of the statute, this negates any requirement im¬posed upon anyone other than the Stare, its politi¬cal subdivisions, and the “motor vehicles” owned by them.

(1.) Gould v. Gould, 245 US 151- "In the interpretation of stat¬utes levying taxes it is the established rule not to extend their provisions by implication beyond the clear import of the language used, or to en¬large their operation so as to embrace matters not specifically pointed out. In case of doubt, they are construed most strongly against the government and in favor of the citi¬zen.” (2.) United States v. Varbel, 780 F2d 758 on P.761 (9thCir.)- “We begin our interpretation by reading the statutes and regulations for their plain meaning.”

The plain meaning rule has its ori¬gin in U.S. v. Missouri Pacific Railroad, 278 U.S. 269 (1929). There the Supreme Court stated that ‘where the language of an enactment is clear and construction accord¬ing to its terms does not lead to absurd or imprac¬ticable consequences, the words employed are to be taken as the final expression of the mean¬ing intended’ ,..The prin¬ciple was more recently affirmed in Dickerson v. New Banner Institute Inc. 460 U.S. 103 S.Ct. 986, 74 L.Ed.2d 815 (1983), where the Court stated, ‘In determining the scope of a statute, one is to look first at its language. If the language is (un)ambiguous, ... it is to be regarded as con¬clusive unless there is a clearly expressed legis¬lative intent to the con¬trary.’ Chapter 521 relates to Driver’s Licenses and Certificates. Now we get into a serious play on words. In chapter 501 we found that a “motor ve¬hicle” is one required to be registered; in 502, it is a “vehicle” that is self propelled; also in 502, vehicle means a devise for transportation of per¬sons or property. “Sec¬tion 521.001 Defini¬tions (a) In this chapter (6) “License” means an authorization to oper¬ate a motor vehicle that is issued under or granted by the laws of this state. The term in¬cludes: (A) a driver’s license.” The terms “operate” and “motor ve¬hicle” are not defined in Chapter 521; however, subsection (b) says, “A word or phrase that is not defined by this chapter but is defined by Subtitle C has the meaning in this chap¬ter that is assigned by that subtitle.” Subtitle C. Rules of the Road contains Chap¬ter 541. Definitions. In Section 541.001 Per¬sons. In this subtitle (1) “Operator” means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.” At Section 541.201. “Vehicles. In this sub¬title (11) “Motor ve¬hicle” means a self pro¬pelled vehicle . ..“ and (22) “Vehicle” means a device that can be used to transport or draw persons or property on a highway.” Therefore, a driver’s license is re¬quired of one who is en¬gaged in the commercial activity of “operating” a “vehicle” for the trans¬portation of goods or persons for hire. Significantly, the terms “automobile” and “travel” are not men¬tioned in the Transpor¬tation Code precisely because they are not commercial terms and therefore are not subject to the code. The obvious ques¬tion, then, is “Why would the legislature write this statute in this manner?” The answer lies in the many court cases protecting the right of individuals to use the common ways, (streets and highways) in pur¬suit of their private busi¬ness affairs or for plea¬sure without regulation by the State. The statute had to be written in such a way as not to conflict with such cases as: (1) “The streets of the cities of this country belong to the public. Pri¬marily, every member of the public has the natu¬ral right to the free use of such streets in the nor¬mal pursuit of his pri¬vate or personal business or pleasure. ...The right of the public at large to the free use of the streets is para¬mount to the natural right of the individual,...

...The power of the city in exercising such control is limited only by the Constitution and general laws of the state,... But neither the Legislature nor the city commissioners has the power to take away or unreasonably abridge, the natural rights of the citizen to the use of the streets in the manner and for the purposes we have set forth above.,, City of San Antonio v. Fetzer, 241 SW 1034; See also United States v. Guest, 383 US 745, 16 L 2d 239. (2) “In all the States from the begin¬ning down to the adop¬tion of the Articles of Confederation the citi¬zens thereof possessed the fundamental right, inherent in the citizens of all free governments, peacefully to dwell within the limits of their respective States, to move at will from place to place therein, and to have free ingress thereto and egress therefrom, with a consequent au-thority in the State to forbid and punish viola¬tions of this fundamen¬tal right. Corfield v. Corvell, 4 Wash. C.C 4 Wash. CC. House Cases, 16 Wall, 36,76.” See also United States v. Guest 383 US 745,16 L 2d 239. (3.) “The right to travel is a part of the ‘lib¬erty of which the citizen cannot be deprived with¬out due process of law under the Fifth Amend¬ment. Freedom of move¬ment across frontiers in either direction, and in¬side frontiers as well, was a part of our heri¬tage. Travel abroad, like travel within the coun¬try, may be as close to the heart of the (378 U.S. 506) individual as the choice of what he eats, or wears, or reads. Free¬dom of movement is ba¬sic in our scheme of val¬ues.” Kent v. Dulles. 357 U.S. 116, 125-126; 78 S.Ct. 1113. 1118-1119; 2 L.Ed. 2d 1204 (1958). (4.) “Since this case involves a personal liberty protected by the Bill of Rights, we be¬lieve that the proper ap¬proach to legislation cur¬tailing that liberty must be that adopted by this Court in NAACP v. But¬ton, 371 U.S. 415, 8 S. Ct. 328, 9 L. Ed., 2d 405, and Thornhill v. Ala¬bama. 310 U.S. 88, 60 S. Ct. 736, 84 L. Ed. 1093. (S)ince freedom of travel is a constitutional liberty closely related to rights of free speech and asso¬ciation, we believe that appellants should not be required to assume the burden of demonstrating that Congress could not have written a statute constitutionally prohib¬iting their travel.” Aptheker v. Secretary of State, 378 U.S. 500, 505-506, 516-517; 84 S.Ct.1659, 1663, 1669; 12 L.Ed. 994 (1964). (5.) “Right to move about freely and right to travel are pro¬tected by Constitution.” State v. McBride, Wash. App. Div. 3, 1994, 873 P.2d 589,74 Wash. App. 460.  (6.) “Freedom to move about is a basic right of citizens which was not added by enact¬ment of first 10 amend¬ments, but is inherent in Bill of Rights and in original constitution it¬self.” Ervin v. State 1968,163 NW. 2d. 207; 41 Wis. 2d, 194. (7.) “The use of the highway for the pur¬pose of travel and trans¬portation is not a mere privilege, but a common fundamental right of which the public and in¬dividuals cannot right¬fully be deprived.” Chi¬cago Motor Coach v. Chicago, 169 N.E. 221. (8.) “The right of the citizen to travel upon the public highways and to transport his property thereon either by car¬riage or by automobile, is not a mere privilege which a city may pro¬hibit or permit at will, but a common law right which he has under the right to life, liberty and the pursuit of happiness.” Thompson v. Smith, 154 S.E. 579. (9.) ‘The right to travel is a welt-estab¬lished common right that does not owe its exist¬ence to the federal gov¬ernment. It is recognized by the courts as a natural right.” Schactman v. Dulles, 96 App. D.C. 287; 225 F 2d, 938 at 941. (10.) “The state cannot diminish the rights of the people.” Hertado v. California, 110 U.S. 516. (11.) “Statutes that violate the plain and ob¬vious principles of com¬mon right and common reason are null and void.” Bennett v. Boggs, 1 Baldw. 60. (12.) “The asser¬tion of federal rigbts, when plainly and reason¬ably made, is not to be defeated under the name of local practice.” Davis v. Wechsler, 263 U.S. 22 at 24. (13.) “Where rights secured by the Constitution are in¬volved, there can be no rule making or legisla-tion which would abro¬gate them.” Miranda v. Arizona, 384 U.S. 36 at 491. (14.) “The claim and exercise of a consti¬tutional right cannot be converted into a crime.” Miller v. U.S., 230 F 486 at 489.

It is deemed that ten (10) days is sufficient time to comply with the above. If additional time is required, please so in¬dicate in writing or by FAX when such compli¬ance should be expected. Sincerely,

_______________________

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DEFINITIONS

Abuse of Discretion – A failure to exercise a sound, reasonable, and legal discretion, a commission of an error of law by the trial court.

Appear - to be properly before a court, as a fact or matter which it can take place, to be in evidence to be proved, coming into court by the parties in a suit, whether plaintiff or defendant.

Appearance - a coming into court as a party to a suit. Either in person or by attorney, whether as a plaintiff or defendant, the formal proceeding by which a defendant submits himself  to the jurisdiction of the court. The voluntary submission to a court jurisdiction.

Attorn - to change from understanding to another, to twist.

Attorneys Oath - 1st - Highest Fiduciary Duty to the Supreme Court of Texas.  2nd. - Fiduciary Duty to Fellow Professionals.   3rd - Best of my ability to defend my client.   4th - Best of my ability to support the Constitution.

CARRIER "An individual or organization engaged in transporting passengers or goods for hire." Black's Law Dictionary – 6th Edition

"Carrier": "One undertaking to transport persons or property.  Windam v. Pace, 192 S.E. 271, 6 S.E.2d 270, 274; or one employed or engaged in the business of carrying goods for others for hire. Roeske v. Lamb, 39 N.M. 111, 41 P. .2d. 522, 523." Black's Law Dictionary 4th Edition.

Charter - gives guidelines for which an entity to operate. (The public is directly or indirectly effected by what the Charter has in it. It may have rules which require a person to hop on one leg in a certain area.)

COMMERCE Texas Transportation Code  Sec. 501.005.  Conflicts With Business & Commerce Code. Chapters 1-9, Business & Commerce Code, control over a conflicting provision of this chapter. (This shows that Chapter 501 is only commercial)

Corpus delicti – The substance or foundation of a crime.

Demur - The shifting of the burden. (end a statement with a question)

DRIVER The term "driver" in contradistinction to "traveler," is defined as: "Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle..." Bovier's Law Dictionary, 1914 ed., Pg. 940

"It will be observed from the language of the ordinance that a DISTINCTION is to be drawn between the terms "operator" and "driver"; the "operator" of the service car being the person who IS LICENSED to have the car upon the streets IN THE BUSINESS OF CARRYING PASSENGERS FOR HIRE; while the "driver" is the one who actually drives the car. However, in the actual PROSECUTION OF BUSINESS, it is possible for the same person to be both "operator" and "driver". (emph. added). NEWBILL v. UNION INDEMNITY CO., 60 SW 2d 658.

Fictitious name. A counterfeit, alias, feigned, or pretended name taken by a person [or party who admits to be person], differing in some essential particular from his true name (consisting of Christian name and patronymic), with the implication that it is meant to deceive or mislead. Black's Law Dictionary – 6th Edition

Jurisdiction - Power by which a court and a judge operates.

Jurisdiction, in personam. Power which a court has over a defendant’s person and which is required before a court can enter a personal or in personam judgment. It may be acquired by an act of the defendant within the jurisdiction under a law by which the defendant implicitly consents to the personal jurisdiction of the court. Black's Law Dictionary – 6th Edition

Jurisdiction, In Rem - The presumed Thing or property which the action involves.

Jurisdiction, Subject Matter - The presumed Instrument(s) that has initiated the action.

Latches – Neglect to assert right or claim.

The word "license," means permission, or authority; and a license to do any particular thing; and if granted by a person having power to grant it, transfers to the grantee the right to do whatever it purports to authorize, (See) Gibbons v. Ogden, 22 US 1, 213.

Malfeasance - evil deeds.

Misfeasance -  Not doing what, by law, was meant for them to do.

"Motor vehicle" means every description or other contrivance propelled or drawn by mechanical power and used for commercial business purposes on the highways, byways, roads, streets, or thoroughfares herein the transportation of passengers, or passengers and property. Title 18 USC 31

"(14) "Motor vehicle" means: (A) any motor driven or propelled vehicle required to be registered under the laws of this state." Sec. 501.002, Texas Transportation Code

Texas Transportation Code Sec. 501.004.  Applicability. *         (a) This chapter applies to a motor vehicle owned by the state or a political subdivision of the state.

Non-assumpsit – A plea by which the defendant avers that ‘he did not undertake’ or promise as alleged.

OPERATOR Today we assume that a "traveler" is a "driver," and a "driver" is an "operator." However, this is not the case. "It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator' and `driver'; the `operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both `operator' and `driver.'"       Newbill v. Union Indemnity Co., 60 SE.2d 658

"Personal liberty-- consists in the power of locomotion, of changing situation, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint, unless by due course of law." 1 Blackstone's Comm. 134; Hare-- Const. L. 777; Bouvier's Law Dict. (l914); Black's Law Dict. 5th Ed. (1983).

Plea in Abatement - An attempt to correct a mistake.

  1. - A conclusion derived from a particular set of facts based on law, rather than probable reasoning.  This is a legal term that means they assume something, e.g., is place, has happened, or gives them jurisdiction, as if you agreed or signed or are contracted, etc.---even when you have no idea it’s happened.  The law allows presumptions to be held UNTIL they are REBUTTED.  So speak up!!

Privilege is something that can only be lawfully done by obtaining a license to authorize it, and hence the business of exhibiting a circus, which can only be done by obtaining a license, is taxable as a privilege. (See) Robertson v. Heneger, 36 Tenn. (5 Sneed) 257, 258.

Prima Facie – At first sight, on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.

PROHIBITION--Forbidden to do:... BOUVIER'S LAW DICTIONARY (1914) P. 2739

IN PRO PER PROPRIA PERSONA {In Pro Per Propria Persona} In one's own proper person. It was formerly a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by attorney they admit the jurisdiction, and an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction.

PRUDENT – Practically wise, judicious, careful, discreet, circumspect, sensible.

REASONABLE – Fair, proper, just, moderate, suitable under the circumstances.

Relevancy - When relevancy of evidence becomes the fulfillment of the condition of fact, the court shall administer upon or subject to the introduction of evidence sufficient to support the finding of fulfillment of the condition. (like writing letters to gain information, which will make the fact of the documents relevant)

Relevant Evidence - Evidence having any tendency to make the existence of any Fact, that is any consequence to the determination at the action more probable or less probable than it would be without the evidence.

Subpoena Duces Tecum – (Latin: under penalty you shall bring with you) A writ directing a person to appear in court and to bring some document described in the writ.

Sui juris – Of his own right, possessing full social and civil rights, not under a power of another.

Straw man – (a.k.a., strawman)  A ‘front’; a person who is put up in name only to take part in a deal.

Tort Action - a suit under equity, Under chapter 175, you can sue a federal employee for doing something in their official capacity.

TORT Law  - General Law Violations - Bad Faith remedy for Damages

Tort Liability - 74 Am. Jur, Sec. 6-37  - Basis of liability - The primary concern of a law of force is the prudence of wrongful acts or omissions harmful to others.  Not every act causing injury to another is however actual.  The general test determines Tort liability is whether the defendant has disregarded a duty owed the plaintiff in causing such harm.  Acts giving rise to Tort Liability may be an unlawful act as in violation of a statute or ordinarily lawful act that is performed in such a manner that under such circumstances as to make it wrongful, as in the negligence failure to observe a standard of care prescribed by the law or an act that is a manner of public policy will give rise to liabilities without fault.  As in certain cases involving extra hazardous activity.  As in addition, a cause of action arises when one person by an act not in the exercise of a lawful right causes a loss or does damage to another with an intent to produce such harm without justifiable cause.  To be actionable the wrongful act of the defendant must: 1) infringe upon the legal rights of the plaintiff, 2) must approximately cause the injury complained of, interest protected by law in grace property, personal and political and family rights.  Contractual interest are a property right and a breach of contract may as well acts constituting a Tort when circumstances surrounding the contractual relationship give rise to a duty apart from performance of a contract. Note:  Intent of the law of Torts have been said not to prefer something to the fact that the act itself is intensely done rather tortuous intent means the act of acts for the purpose of causing an invasion of another’s interest, or know that such an invasion is resulting or substantially certain to result from his or her conduct.  Set intent need not be motivated by ill will to the actuable; conversely the presence of a good writer or rather the absence evil motive does not render a lawful in act that is otherwise an invasion of another’s rights legally.  On the contrary, there are cases that have been stated that serval liabilities in Tort is determined by the conduct and not by the mental state of the court cuser.  However, just as in the case of negligence, it is essential in actions involving potential or malicious injury that the injury complained of be proximate results of the wrongful acts.  There is no liability for remote harm, even intentional force.

TRAFFIC--Commerce, trade, sale or exchange of merchandise, bills, money, and the like; the passing of goods and commodities from one person to another for and equivalent in goods or money... BOUVIER'S LAW DICTIONARY, (1914) p. 3307.

"the word "traffic" is manifestly used here in a secondary sense, and has reference to the BUSINESS OF TRANSPORTATION rather than to it primary meaning of interchange of commodities." (emph. supplied) ALLEN v THE CITY OF BELLINGHAM, 95 Wn 12, 163 P. 18.

"Transportation": "The removal of goods or persons from one place to another, by a carrier. Railroad Co. v. Pratt, 22 Wall. 133 22 L. Ed.827; Interstate Commerce Com'n v. Brisom, 14 S. Ct. 1125, 154 U.S. 447, 38 L. Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 5 S. Ct. 826, 114 U.S. 196, 29 L. Ed. 158." Black's Law Dictionary 4th Edition.

The Transportation Code Act  is defined as:  "An Act relating to the adoption of a non-substantive revision of statutes relating to transportation . . ."

"Traveler--one who passes from place to place, whether for pleasure, instruction, business, or health." BOUVIER'S LAW DICTIONARY (1914) p. 3309.

TRAVELER: One who passes from place to place, whether for pleasure, instruction, business, or health. TRAVEL: To go from one place to another unencumbered at some distance; to journey. Spoken within the voluntary change of place. Within the meaning of such a constitutional right to travel, means migration with intent to settle and abide. (See) Strong v. Collatos, D.C. Mass., 450 F. Supp. 1356, 1360.

"TRAVEL--to journey or to pass through or over; as a county, district, ROAD, etc. To go from one place to another, whether on foot, on horseback, or in any conveyance as a train, AN AUTOMOBILE, carriage, ship, or aircraft; make a journey." CENTURY DICTIONARY p. 2034.

Traverse - agree to disagree; argue.

VEHICLE: "Term refers to every device in, upon, or by which a person or property is or may be transported upon a highway."  Black's Law (6th Ed.)

Venue – Location where it happened

Visit - (In International Law) the right of a cruiser or warship to stop a vessel sailing under an another flag upon the high seas., and until such officer of such vessel to ascertain whether the nationality is what it is suppose to be. Visitation, Inspection, Superintendent, Direction, and Regulation. (In the same since, you are using it—By Special Visitation—to check out the Venue and Jurisdiction of the Court (warship).)

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BADGES

People in power sometimes think this way, yes?  Or is that just in the movies?

"Badges?  We ain't got no badges.  We don't need no badges.  I don't have to show you any stinking badges!"  --‘Gold Hat’/ Alfonso Bedoya in the movie, The Treasure of the Sierra Madre (John Huston, 1948; ‘Fred’/ Humphrey Bogart)

"Badges? We don't need no stinking badges!" --‘Mexican Bandit’ in the movie, Blazing Saddles (Mel Brooks, 1974)

“What we’ve got here is…  failure to communicate.”  --‘The Captain’/ Strother Martin, movie Cool Hand Luke, 1967 (‘Luke’/ Paul Newman)

Comments

Well, there you have it and this is just the tip of the iceberg. This is a good reference to keep on the computer for a quick search and in hard copy to read while you are on the pot, where your conscious mind can be educated while your subconscious mind can do its thing.

The information found in this study book may have mistakes, has mistakes where it is your job to find them. If you rely on the information presented as gospel, then it is your problem and not ours. As stated above, this will not be considered as legal advice and you should consult a competent attorney (good luck with that) before using any of the information found within.

Any information found above will be considered void where prohibited by law, as there are millions of laws in the books and we may have missed or may have misinterpreted one or two.

You have the permission of the San Jacinto Constitutional Study Group to forward this information freely as long as you send the compete book as written. When you find a mistake in the book, please add pages at the bottom of the book of the corrections found, by referencing the page in the book where the mistake was found and show what the correction should have been. If you can find a member of the SJCSG and give him/her a copy of the corrected book, we will create a newer version with the corrections and send it out again. Who knows, we may find more to add to it ourselves.

Malo periculosam libertatem quam quietam servitutem [Rather a dangerous liberty than a peaceful servitude]

  INDEX          PAGES

  11 AM. JUR., ............................................................................................................. 100 12 Am. Jur., ..........................................................................................................  100, 148 16 Am. Jur., ....................................................................................................... 100, 101, 148 25 AM. JUR, ...................................................................................................... 101, 103, 148 Affidavit, ............................................................................................. 3, 25, 28, 30, 31, 32, 44, 45, 51, 58, 66, 78, 116 ALLEN v THE CITY OF BELLINGHAM, ................................................................ 142 ALSTON v. DEBRUYN, ........................................................................................... 63, 148 American Mutual Liability Ins. Co., vs. Chaput, ...................................................... 102, 148 Aptheker v. Secretary of State, ...................................................................................137, 148 Arch. Criminal Practice and Pleadings, ......................................................................... 48 Arrest, ......................................................................................................................... 24, 153 Article 1, Section 27., ................................................................................................... 114 Article 1, Section 29., ................................................................................................... 114 Article 5, Section 12., ................................................................................................... 116 Article 5, Section 17., ................................................................................................... 116 Bacon Service Corporation v. Huss, ......................................................................... 8, 13, 14 Baker v. State, ..................... 39, 148 Barber v. State, .................. 102, 148 BARBOUR v. CONNOLLY, ........................................ 102, 148 BARBOUR v. WALKER, . 102, 148 BARNEY v. BD OF RR COMM'RS, ............................ 102, 148 BARNEY v. R.R. COMM'RS, ........................................... 109 Bary v. United States, ........ 102, 148 Bennett v. Boggs, ............... 137, 148 BLAIR v. BROADMORE, 106, 148 Board of Equalization v. General Dynamics Corp, ......... 40, 148 Boon v. Clark, .................... 103, 148 BOYD v. US, ..................... 102, 148 Brede v. Powers, ................. 105, 148 Bryars v. United States, ...... 102, 148 BUCHANAN v. WARLEY, .......................................... 107, 148 Calvert v. Adams, ................. 40, 148 Campbell v. State of Texas, 9, 103, 148 Carrier, .............................. 135, 138 CARY v. BELLINGHAM, . 109, 149 Certificate of Service, ........... 44, 45 Certificate of Title, .......... 10, 19, 21, 22, 23, 134, 135 Charter, ................................... 138 Chauffeur, ................................. 6, 7, 8, 104 Chicago Motor Coach v. Chicago, ...................................... 103, 137, 150 CITY OF CARBONDALE v. WADE, ................................ 6, 150 City of Dayton v. DeBrosse, . 103, 150 City of Louisville v. Sebree, . 103, 150 City of San Antonio v. Fetzer, .......................................... 136, 150 City of Wichita Falls v. Bowen, .......................................... 39, 150 Clerk, ........................... 42, 43, 44, 45, 78, 79, 81, 88, 98 COHEN v. MEADOR, ........... 106, 150 Commerce, ................... 19, 110, 120, 135, 138, 142, 153 Commercial Operator, ................... 6, 8, 9

INDEX (Continued)          PAGES

Complaint, ........... 25, 27, 29, 30, 31, 32, 33, 34, 37,  ..................41, 42, 44, 48, 50, 51, 63, 64, 67, 71, 81, 85,  .......................................90, 91, 94, 102

Constructive Notice, ......... 56, 57, 133 Contempt, .................. 56, 65, 94, 95, 96 Corfield v. Corvell, ............ 137, 150 County of Harris v. Black, ... 47, 150 CUMMINS v. JONES, ....... 108, 150 Curry v. State, ....................... 39, 150 Davis v. City of Houston, .... 104, 150 Davis v. Wechsler, ............... 137, 150 Delegated Authority, ............... 2, 43, 96 DENT v. STATE OF WEST VIRGINIA, .......................... 103 Dickerson v. New Banner Institute Inc., ............................ 136 Discovery, ............................ 50, 153 Douglas v. City of Jeannette,  ...104 Driver License, ....................... 6, 10 Due process, ............................ 41 EDWARDS v. CALIFORNIA, .......................................... 103 Ervin v. State, ......................... 137 Evidence, ........................... 21, 76, 141 EX PARTE DICKEY, ............ 104 EX PARTE STERLING, ........ 109 Failure to Appear, ..................... 27 Failure to Identify, .................... 23 Federal Register, ............. 118, 119, 132, 133, 134 Financial Responsibility, .......... 21 Findings of Fact and Conclusions of Law, ........................ 77, 78, 82, 83 Florida Motor Lines v. Ward, . 104 Frank John Callas v. State, ........ 9 FROST 7 F. TRUCKING CO. v. R.R. COMM., ................ 108 Garcia v. State, ......................... 40 Gloucester Ferry Co. v. Pennsylvania, ................................ 142 Goldsberg v. Kelly, ................... 40 Gompers v. Bucks Stove & Range Co., ................................ 96 Gould v. Gould, ....................... 135 GREEN v. SAN ANTONIO, ... 104 Gulf Offshore Co. v. Mobil Oil Corp., .................................. 63 HADFIELD v. LUNDIN, ......... 108 HAFER v. MELO, .....................104 Hale v. Henkel, .......................... 30, 104 Hassell v. State of Texas, ......... 9, 104 Hertado v. California, ............... 137 Hicks v Feiock, .......................... 96 HOKE v. HENDERSON, ......... 105 Holloway v. State of Texas, ...... 105 Human Subjects, ......................... 134 Humble Oil & Refining Co. v. Calvert, .................................. 40 HURTADO v. CALIFORNIA, . 105 IN RE AUBREY, ...................... 102

INDEX (Continued)          PAGES

Independent School Dist. of City of El Paso v. Central Education Agency,  ................40 Indictment, ......... 28, 29, 30, 31, 32, 33, 37, 38, 48, 51, 52,  ..............................53, 54, 82, 93, 105, 112, 113, 116, 131

Information, ................... i, 1, 2, 3, 5, 9, 16, 23, 25, 28, 29,  ...............................30, 31, 32, 33, 34, 38, 42, 45, 48, 50, 51,  ...............................54, 57, 64, 69, 70, 71, 72, 73, 74, 82, 88,  ...............................91, 93, 95, 103, 104, 105, 113, 116, 119,  ......................................129, 141, 143

Inspection, ...................... 17, 18, 142 INTER-CITY COACH LINES v. HARRISON, ................. 6 International Motor Transit Co. v. Seattle, ........................ 105 Jurisdiction, ..................... ii, 28, 33, 34, 36, 37, 39,  .........................................43, 49, 87, 111, 139, 142, 153

Kazubowski v. Kazubowski, .... 41 Keith Brooks v. State, ............ 9, 105 KENT v DULLES, ................... 105 Kent v. Dulles, .......................... 137 Kolender v. Lawson, ............... 23, 105 Lasher v. State, ........................... 39 License, ............................ ii, 4, 5, 6, 7, 9, 10, 11, 12, 13, 17,  .............................. 18, 19, 21, 22, 23, 24, 25, 56, 97, 102, 103,  ............104, 105, 106, 107, 108, 110, 132, 134, 136, 139, 140

LIGARE v. CHICAGO, ............. 103 Mackin v. United States, ............ 105 Main v. Thiboutot, ..................... 106 Malfeasance, .............................. 139 Mandamus, ......................... 43, 50, 59, 89 Marbury v. Madison, ................. 105 MEHLOS v. MILWAUKEE, .... 106 Meshell v. State, .......................... 63 Michaelson v. United States ex rel. Chicago, St. P., M. & O. R. Co., ................................ 96 Miller v. U.S., ............................ 106, 137 Miners & Merch. Bank v. Board of Supervisers, .................. 106 Miranda v. Arizona, ................... 137, 106 Misfeasance, .............................. 139 MOORE v. RODDIE, ............... 106 Morrison v. State, ...................... 106 Motion for a New Trial, ............. 77, 82, 85 Motor Vehicle, ............. 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17,  .......................18, 19, 20, 21, 22, 23, 25, 103, 104, 105, 110,  ...................................122, 134, 135, 136, 139

  1. v. Penn, ........................ 106 NAACP v. Button, ...................... 137 Neglect of duty, ......................... 34, 64 Newbill v. Union Indemnity Co., ........................................... 13, 139, 140 Non-assumpsit, ............................ 139 Norton v. Shelby County, .......... 48, 106

INDEX (Continued)          PAGES

Notice, ............... ii, 2, 8, 23, 24, 25, 35, 36, 40, 55, 57,  ............................60, 64, 77, 81, 82, 89, 90, 150, 153

Notice to Appear, ................ 24, 25 Oath, ......................... 65, 67, 68, 98, 99, 112, 117, 138 Objections, .......................... 76, 153 Obligations of the United States, ................................... 120, 126 Open Meetings Act, .............. 74, 75 Open Records Act, ............ 69, 74, 75 Operator, .................... 6, 8, 9, 13, 14, 15, 20, 21, 22,  ......................................25, 102, 103, 104, 139, 140

Order, ..................... 4, 38, 43, 44, 46, 79, 89, 99, 126, 150 Owen v. Independence, ........... 106 PACKARD v. BANTON, .... 106, 108 PANHANDLE EASTERN PIPELINE CO. v. STATE HIGHWAY COMMISSION, ... 107 PARLETT COOPERATIVE v. TIDEWATER LINES, ..... 109 Payne v. Massey, ..................... 107 PEOPLE v. HENDERSON, ....... 6 Person, .................... 1, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14,  .................................15, 16, 18, 20, 21, 23, 24, 25, 27, 28, 29,  .................................30, 32, 33, 42, 44, 47, 51, 52, 58, 59, 63,  .................................64, 65, 66, 68, 69, 72, 73, 74, 75, 80, 90,  ...............................91, 93, 94, 95, 96, 97, 100, 102, 103, 104,  ...........................105, 108, 109, 111, 112, 113, 114, 116, 117,  ............................118, 119, 121, 122, 123, 125, 126, 128, 129,  ....................130, 131, 132, 135, 136, 138, 139, 140, 141, 142

Pettit v. Penn, ................................. 41 Prieto Bail Bonds v. State, ............. 69 Prima Facie, ................................. 45, 140 Privacy Act, ................................... 5, 101 Promise to Appear, ....................... 24, 25 R.R. COMMISSION v. INTER-CITY FORWARDING Co., .. 109 Railroad Co. v. Pratt, ..................... 142 RAWSON v. DEPT OF LICENSES, ........................................ 107 Registration, ............................ 10, 19, 21, 135 RILEY v. LAWSON, ..................... 107 Road Machine, ................................ 10, 12 ROBERTSON v. DEPARTMENT OF PUBLIC WORKS, ........ 107 Roeske v. Lamb, .............................. 138 ROSENBLATT v. CALIFORNIA STATE BD. OF PHARMACY, ........................................ 6 Sandel v. State, .................................. 40 Shachtman v. Dulles, ........................ 4, 137 Sherar v. Cullen, ................................ 107 Shuttlesworth v. Birmingham Al., ..... 108 SIMMONS v. US, .............................. 107 SIMON v. CRAFT, ............................ 107 SLAUGHTER HOUSE CASES, ....... 108 SMITH v. TEXAS, ............................ 108 Special Appearance, ....................... 27, 28, 31, 33, 43 Speed Limit, ........................................ 14 Speed Signs, ....................................... 14, 153

INDEX (Continued)          PAGES

STANDING, ........................... 4 Stanek v. White, ................... 108 State Board of Dental Examiners v. Bickham, ................... 63 STATE v. CITY OF SPOKANE, ..................................... 108 State v. Jackson, ....................... 6 STATE v. JOHNSON, .......... 108 State v. McBride, ................... 137 State v. Quigg, ....................... 104 STATE v. SHERIDAN, ........ 109 STEPHENSON v. BINFORD, .................................. 107, 108, 109 Strong v. Collatos, ................. 142 TECHE LINES v. DANFORTH, ................................... 104, 109 Texaco, Inc. v. Zah, ................. 62 The City of Dallas, Texas, Relator, v. The Honorable Ken Vaughan, .......................... 103 Thompson v. Smith, ........ 104, 109, 137 Thomson v. Gaskill, ................ 47 Thornhill v. Alabama, ............ 137 TIGHE v. OSBORN, .............. 109 TORT, .................................... 4, 141 Trinity Episcopal Corp. v. Romney, .................................... 42 U.S. v. Cook, ........................... 48 U.S. v. Smith, .......................... 42 United Services Automobile Ass'n. v. Harman, .................. 39 United States v. Bailey, ........... 54 United States v. Bank of New York & Trust Co., ............... 62 United States v. Bortnovsky, .... 54 United States v. Chavez, .......... 54 United States v. Davidoff, ....... 54 United States v. Earnhart, ........ 54 United States v. Feola, ............. 53 United States v. GAF, Corp, .... 54 United States v. Guest, ........ 136, 137 United States v. Koen, ............... 63 United States v. Madeoy, .......... 53 United States v. Rogers, ........... 54 United States v. Santoro, .......... 54 United States v. Schwalby, ....... 39 United States v. Varbel, .......... 136 United States v. White, ............. 55 United States v. Williams, ........ 54 Vaughn v. State,  ...................... 42 Vector Research v. Howard, .... 110 Vehicle, ........................ ii, 5, 8, 18, 22, 23, 25, 135, 136, 153 Venue, ............................... 4, 39, 100, 142 Washington AGO, ................ 102, 110 WESTERN ELECTRIC CO. v. PACENT REPRODUCER CORP., ............................... 6 WILLIS v. BUCK, .................. 102 Windam v. Pace, ..................... 138 YICK WO v. HOPKINS SHERIFF, .................................. 102  

LEARN

FOR YOURSELF, FOR YOUR CHILDREN, FOR YOUR CHILDREN’S CHILDREN   APPENDIX B LIST OF MODERN MOTIONS (2013) Courtpapers.zip file will usually be sent with this book MOTIONS-BY-NUMBER Also including some reading articles and Affidavits, Notices, Objections & Brief

0001 – Front cover, if you make the affidavits, forms & articles here into a book. 0011 – Back (or internal) cover, if you make the affidavits, forms & articles here into a book. 0021 – Article (FYI):  Traffic Ticket Due Process. Carry this around and keep reading it. 0031 - Traffic Ticket OUTLINE:   book intro, including this book’s TABLE OF CONTENTS 0041 - Article (FYI):  Speed Signs – Article if it applies to your case.  Read this—and you could look up the cites.  This shows the law. 0051 – Article (FYI):  Pleading When Information Not Filed – (various legal cites the court doesn't want you to know).   Carry this around and keep reading it.  You could look up the cites—it's always better if you read it for yourself.  This really shows  what the law says—but you had no idea. [see #5 & 10, below] 0061- Property Rights Retained Even In Municipality (FYI) 0071 - Objection/Recusal - First Challenge 0081 - Objection/Recusal - Not informed of a Visiting Judge 0091 - Objection/Recusal - Not a Retired Judge 0101 - Notice for Complaint 0111 - Notice of Process from Citation 0121 - Notice of Lack Trial Court Jurisdiction 0131 - Notice (and Demand) for Information  Municipal Courts may try to ignore this and just use Complaint 0141 - Request For Admissions 0151 - Request For Production of Documents 0161 - Radar Calibration Requirement 0171 - Radar Certification Procedure 0181 - Certificate Of Discovery (re:  if sending Discovery to Prosecutor) 0191 - Affidavit Denying a Corporation 0201 - Affidavit Denying Involvement in  Commerce 0301 - Plea to Jurisdiction and Motion To Dismiss 0311 - Motion to Set Aside Complaint 0321 - Motion to Set Aside Information if they even used one 0331 - Judicial Notice to Judge (Notice for Presiding Judge) 0341 - Motion For Nature & Cause of the Accusation 0351 - Motion For a Fair Trial 0361 - Motion for Following Rules 0371 - Motion to Dismiss or Give Me the Evidence the Prosecutor Claims to Have 0381 - Notice of Objection by Accused Per Article 1.14(b) 0391 - Motion in Limine 0401 - Motion For Prosecutor to Show Authority to Represent the State 0411 - Waive Trial By Jury 0421 - Motion for Continuance 0501 - Motion for a New Trial 0511 - Notes Concerning Motion for a New Trial 0521 - Motion For Arrest Of Judgment 0531 - Memorandum Of Law In Support Of Appeal Bond - Municipal Court 0541 - Memorandum Of Law In Support Of Appeal Bond - JP Court 0551 - Appeal Bond 0561 - Notice of Appeal 0571 - Recovery of Cost

 

THE MEANING OF TEXAS TRAFFIC &amp; OTHER SO-CALLED VIOLATIONS AGAINST NON-COMMERCIAL ACTIVITY BEING UNCONST... by Mark McCoy

Last modified on Tuesday, 25 June 2013 11:50

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