Gender Marker and Name Change Resources in Texas

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In commemoration of National Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month, we want to remind you of some resources that might help members of our LBGTQ community. Although name changes are commonplace and can be completed with no or few complications, transgender individuals looking to update their gender marker and change their name may face some additional hurdles. Luckily, there is help available.

One of these resources is law library community partner, Houston Volunteer Lawyers (HVL). HVL offers a Gender Affirmation Workshop to assist individuals with preparing the necessary forms to obtain a court order to update one’s gender marker and effectuate a name change. Pre-screening is required, and interested applicants are requested to submit a completed Gender Marker Questionnaire, the HVL application, and a copy of a photo identification. Note that all in-person workshops had been cancelled due to the coronavirus pandemic, so it is recommended that you contact HVL first to inquire as to whether any virtual workshops are scheduled.

To help individuals navigate through this complicated and emotional process, the Texas Legal Services Center has prepared the Texas Name and Gender Marker Change Guide. The guide provides legal information about court orders for name and gender marker changes and applications to update your personal information with governmental agencies, such as the Social Security Administration, Texas Department of Public Safety, and U.S. Citizenship and Immigration Services, if applicable. There are myriad other documents that might require amending, too. For instance in addition to a birth certificate, passport, or voter registration card, you might also need to update your information at a banking, lending, or other financial institution or on legal documents, such as deeds, car titles, or wills. In the appendix, you will find information about legal aid and legal clinics and some self-help resources. There are links to forms as well. However, please note that the gender marker change forms are from Travis County and may not be accepted in every county.

Please see one of our previous posts, Gender Marker and Name Change Resources for Transgender Individuals in Texas, for additional resources.

Today is George Floyd Day

Today, June 9, 2020, as mourners gather in southwest Houston to remember George Floyd, Harris County Judge Lina Hidalgo plans to declare the day to be “George Floyd Day” in Harris County, Texas. Mr. Floyd’s death has sparked global protests and a renewed focus on civil rights. As the public law library for Harris County, we want to contribute to the conversation by assisting anyone who needs access to legal information. Knowledge is power and access to knowledge empowers. If we can help you find information or assist with your legal research, please visit our Virtual Reference Desk to contact us.

You can also find a wealth of information about civil rights and the law of protests from the following sources:

Civil Rights Law

Law of Protests

Racial Justice

Cheers!

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Pop a cork! No, it’s not New Year’s Day already, but who would know as all of the days seem to run together, don’t they? Tomorrow, June 6, is National Bubbly Day, a day set aside on the first Saturday of June to celebrate all there is to love about that glass of effervescent goodness. Bubbly can come in the form of sparkling wine from the United States, Prosecco from Italy, Sekt from Germany and Austria, or Cava from Spain. Today, however, we are going to focus on the self-styled king of sparklers, Champagne from France.

History

Wine making can trace its roots back to Mesopotamia to a period as early as 6000 - 4000 B.C.E. While ancient Egyptians were the first to document wine making processes, the interest in wine making soon spread to Greece and throughout Europe. In France, wine making dates back to the earliest days of Christianity where it was used in the celebration of the Eucharist. Since that time, the methods of pruning vines; improved techniques with respect to irrigation, fertilization, and harvesting; and a clearer understanding of how the terroir, or complete natural environment or location of the vines, affects the quality of the grape, and in the end, the wine itself.

The hallmark of champagne or what distinguishes it from other wines is the effervescence. When the sugar found in the grapes is combined with yeast, fermentation occurs, whereby the yeast breaks down the sugars in the grapes and converts it to alcohol and carbon dioxide. In the making of champagne, however, the wine is fermented a second time - this time in the bottle. The carbon dioxide becomes trapped, thus creating the effervescence or bubbles for which champagne is known. (Another popular method of fermentation known as the Charmat method differs from the méthode champenoise in that the wine is fermented in pressurized steel tanks.) For more information about the making of champagne, its history, and its terroir and appellation, visit the website of Comité Champagne.

Regulations

The production and sale of sparkling wines, especially champagne is regulated here in the United States as well as overseas in France. Let’s have a brief look at some of the important rules governing the creation of this luscious libation.

France

France, not surprisingly, treats its food and wine very seriously. Following the demands of wine-growing associations throughout France, the principles of Appellation of Controlled Origin (AOC) and the Institut National des Appellations d’Origine (INAO) were created in July 1935. (The INAO has since been renamed the Institut National de l’Origine et de la Qualité.) On June 29, 1936, champagne was declared an AOC.

With this designation comes responsibility and regulation. Specifically for the Champagne AOC, there are regulations enumerating approved grape varieties; citing specific methods of pruning; establishing the maximum permitted yields per hectare, the maximum permitted press yield, and minimum potential alcohol content of newly harvested grapes; secondary fermentation in the bottle, and minimum periods of maturation. Thus, for a wine to rightly be designated as champagne, it must adhere to these specific rules and regulations and come from grapes traditionally grown in the Champagne region of northeastern France. (Apparently, though, there is a loophole that permits sparkling wines from California to be called California Champagne.)

To ensure the continued quality of wines with the Champagne AOC and to protect consumers from misleading claims, the Comité Champagne or Comité Interprofessionel du Vin de Champagne (CIVC), a professional organization of wine growers, reports any misuse of the champagne name and prosecutes any party that misappropriates the reputation that the wine growers in the Champagne region worked so hard to establish. Their authority to prosecute these cases is authorized by Article 13 of the Revised Law of 12 April 1941 (France). The CVIC is active in ensuring that consumers are not duped by products claiming to be champagne. Its website cites significant victories it has achieved in combating counterfeiting and misuse.

United States

In the United States , regulations governing of “champagne” can be found in several sections of the Code of Federal Regulations (CFR). Most of the regulations involving champagne address designations and labeling.

27 C.F.R. § 4.21 (2019) - This section addresses the standards of identity for several classes and types of wine. Champagne is a Class 2 , sparkling grape wine, which “derives its effervescence from the secondary fermentation of the wine within glass containers of not greater than one gallon capacity, and which possesses the taste, aroma, and other characteristics attributed to champagne as made in the champagne district of France.” Wines not conforming to the “champagne” standard may, in addition to sparkling wine, be designated as “Champagne style” or “Champagne type.” Furthermore, 27 C.F.R. § 4.21(b)(3)(ii) (2019) discusses the labeling of sparkling wines that do not conform to the champagne standard or use the “charmat method” instead.

27 C.F.R. § 4.34 (2019) - This section further addresses the class and type of wine and indicates that in the case of champagne, the type designation may appear in lieu of the class designation of sparkling wine.

27 C.F.R. § 4.24 (2019) - Geography also plays an important role in wine regulations. This particular section of the CFR regulates generic, semi-generic, and non-generic designations of geographic significance. Champagne, like Burgundy and Sherry, is an example of a semi-generic name that is also a type designation for a grape wine. The semi-generic designation is generally used for wines that have an origin that differs from that which the name indicates. For instance, using the example we have given above, wines designated as Champagne, Burgundy, or Sherry are typically more closely associated with the regions in which they originated.

27 C.F.R. § 24.257 - The last significant regulation governing champagne in the United States involves the labeling of wine containers. In general, the volume of the bottle determines the minimum type size that must be used on the wine container’s label. The label must also show the name and address of the location at which the wine was bottled and packed, the brand name, the alcohol content as percent by volume or in accordance with 27 C.F.R. Part 4, an appropriate designation of the kind of wine, and the net content of the container. With respect to champagne, the use of its semi-generic designation may appear on the label if there also appears an appropriate appellation of origin and the wine conforms to the standard of identity set forth elsewhere in 27 C.F.R. Part 4.

We hope you have enjoyed our little trip into the history and governance of champagne production as we celebrate National Bubbly Day. Wine making is a highly regulated field, indeed, but these regulations ensure that consumers are not being misled and are being treated to a sparkling wine or champagne of the highest quality. So, no matter what your bubbly of choice is, be it prosecco, cava, or Champagne, simply relax and enjoy this sunshine in a glass.

Cheers!

À votre santé!

More Tools for Tenants

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As a follow-up to our post from May 20, 2020, “Evictions Are Once Again on the Docket,” we wanted to make sure that our readers were aware of two new tools to help residential tenants facing evictions. Lone Star Legal Aid has introduced its Texas Eviction HELP Project. Using an interview format, the tool provides information about the eviction process and includes links to trusted resources. To begin, just click on the big red button, “Start Eviction Interview.” No account is required to run the interview; just accept the terms and conditions, and you’re good to go. The step-by-step guide will help tenants with documentation and provide information about new laws that might give tenants extra protection. Just be sure to have any paperwork or eviction documents ready during the interview. Additional resources on the Lone Star Legal Aid website include: the LSLA CARES Tool to help tenants determine whether the property is subject to the CARES Act, educational blogs and videos covering a wide array of topics, and some helpful publications for further reading.

The second useful tool can be found on TexasLawHelp. TexasLawHelp has created a COVID-19 Eviction Answer Toolkit to help tenants respond to an eviction. The toolkit includes instructions for filling out the eviction answer form, which can be found on the website. There is also information about finding out whether the CARES Act protects tenants from eviction, answers to frequently asked questions about the Answer form itself, and helpful articles about evictions in general.

Immigrant Resources

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Section 6428 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act provided for the disbursement of rebates or economic stimulus payments to eligible individuals with limitations based on adjusted gross income. Three types of eligible individuals were defined in section 6428(d), one of which was “any nonresident alien individual.” This provision has been interpreted to exclude families of eligible immigration status because individuals must file a qualifying income tax return using a valid social security number to receive the stimulus payments. This provision also excludes families of mixed-immigration status, even if one of the members is otherwise eligible. (Texas RioGrande Legal Aid has created a useful fact sheet explaining the eligibility of immigrant families for the economic stimulus payments). This denial of a government benefit has led to at least two lawsuits being filed on behalf of mixed immigration-status families. In Amador v. Mnuchin, the Mexican American Legal Defense and Educational Fund argues that it is unconstitutional for the federal government to deny benefits to a mixed-status married couple who jointly filed previous tax returns without two social security numbers. Similarly, John Doe v. Trump, McConnell, and Mnuchin, filed in the United States District Court for the Northern District of Illinois, Eastern Division, alleges that the CARES Act unconstitutionally excluded those married to non-citizen immigrants from receiving the benefit provided by the stimulus plan.

These recent events have caused us to wonder about the resources that exist for immigrant families, whether it’s related to the economic stimulus payments, unemployment benefits, rent or other economic assistance, healthcare, or the status of pending immigration cases. In this regard, we have compiled a list that we hope might help.

General Information

Houston Immigration Legal Services Collaborative - HILS has created a clearinghouse of immigration-related material, including information about legal assistance, disaster recovery resources, and recent changes to immigration policies and laws. Legal resources are arranged by subject, making it easy to locate the information users need. Its website also features a living document on COVID 19 resources for immigrant advocates.

AccessHOU - The AccessHOU Houston Social Services Database highlights resources for agencies working with immigrants in the Houston area. Categories of resources include: legal, health, education, housing, employment, financial assistance, and food.

Baker Ripley - Baker Ripley, a long-standing social service provider in the Houston community, has an immigration services hotline. Its website lists coronavirus resources as well as its current services. Unfortunately, all of the funds for its Rental Assistance Program have been committed already.

TexasLawHelp - TexasLawHelp, a project of the Texas Legal Services Center, has a webpage devoted to resources for immigrants during COVID-19. It features a collection of state and nationwide resources, as well as information about healthcare. Look for more immigration-related information using the Individual Rights link and then choose Immigration Laws & Rights.

Informed Immigrant - Informed Immigrant is a digital information center for undocumented immigrants. Its website features immigrant and service providers guides. It currently has a webpage highlighting resources for immigrants during the pandemic. Users can browse by state or look at its listing of nationwide resources.

Legal Aid and Legal Assistance Organizations

Immigrant Rights Hotline - Call 1-833-HOU-IMMI, Monday through Friday from 9:00 a.m.-5:00 p.m., to get information about immigration policies and for referrals to legal service providers.

St. Frances Cabrini Center for Immigrant Legal Assistance - Part of Catholic Charities of the Archdiocese of Galveston-Houston, the St. Frances Cabrini Center supports refugees and immigrants. It is currently serving clients by appointment through phone or email interaction.

YMCA International Services - YMCA International Services assists refugees, immigrants, and other vulnerable populations and provides legal services to immigrants too.

South Texas College of Law Houston Immigration Clinic - This law school clinic represents clients in a vast array of matters, including deportation defense. Contact the clinic for availability.

Kids in Need of Defense - KIND provides legal representation for unaccompanied and migrant children in addition to counseling, educational support, and medical care.

Tahirih Justice Center - Tahirih Justice Center provides legal services, training, and education to immigrant women and girls. The Houston office does not accept walk-ins, so call for for an intake.

Immigration-Related Case and Court Information

Houston Immigration Court - The website for the Houston Immigration Court has a link for self-help materials as well as information about court procedures. There is also a link to its Virtual Law Library.

U.S. Citizenship and Immigration Services - In addition to information and forms about citizenship and green cards, the website for the USCIS also has information relating to delays in Extension/Change of Status Filings as a result of COVID-19.

Executive Office for Immigration Review - EOIR is responsible for the adjudication of immigration cases. In its Action Center, you can find links for online filing, case information, and legal representation, including pro bono legal services providers.