Justice Court Cap Set to Double

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Justice Court jurisdiction has been limited for years to controveries concerning $10,000 or less, but inflation has rendered this limit increasingly out of date.

This change comes almost a decade into the effort to make Justice Court more accessible to the average Texan. In 2011, the legislature adopted Texas Government Code Sec. 27.060, which states the purpose of small claims court is to “ensure the fair, expeditious, and inexpensive resolution of small claims cases.” Justice Court judges are further required to keep hearings “informal, with the sole objective being to dispense speedy justice between the parties.”

At the Harris County Law Library, we see first-hand how average Texans can be frustrated by the $10,000 limit in pursuit of restitution, particularly in cases involving damage to their motor vehicles, or sometimes by unscrupulous contractors to their homes. Filing a small claims case requires filing out a one page, fill-in-the-blank form by hand. The form is conveniently available for free on the Harris County Justice of the Peace website. But even a Houstonian savvy enough to find their way to our reference desk is likely to be frustrated by the legalese-laden templates and handbooks necessary to press a claim worth any more than $10,000. Especially if they are suing an established corporation, even a well-educated pro se litigant with a good claim is likely to be unfamiliar with legal terminology and procedure, and will face an uphill battle.

As our library strives to provide all the residents of Harris County with access to justice, we are pleased our patrons will benefit from the broadened access to Texas’s so-called “people’s court.”

What's That in the Sky?

Image by CoolCatGameStudio from Pixabay 

Maybe Fox Mulder, the indefatigable FBI special agent, assigned to the X-Files, who sought answers to the unexplained week after week, did have it right. Maybe the truth is out there. The Pentagon is looking to find out whether that is indeed the case. The Department of Defense and the Pentagon have recently announced the formation of the Unidentified Aerial Phenomena (UAP) Task Force (UAPTF). According to a press release issued on August 14, the mission of the UAPTF, which will be led by the Department of the Navy and its Office of the Under Secretary of Defense for intelligence and Security, is “to detect, analyze and catalog UAPs that could potentially pose a threat to U.S. National Security.” The creation of the task force was the result of concerns triggered by the appearance of unauthorized aircraft in military airspace and near military installations and from encounters reported by Navy personnel. (Back in April, the Pentagon released three formerly classified videos documenting these encounters.) Additionally, the Senate Intelligence Committee had requested an analysis of all data relating to UAPs that would be made available to the public. These moves are sure to elicit responses of “I knew it!” from fervent believers in the existence of extraterrestrials and UFOs. However, many seem to believe that the UAPs at issue are intelligence-gathering drones, a more likely explanation that still merits investigation. Eventually, though, the truth will out, but until then, there may be many out there like Fox Mulder wanting to believe.

So You Want to Operate an Ice Cream Truck?

Image by Image by Al alma from Pixabay. 

Image by Image by Al alma from Pixabay.

Ahhh! The sounds of summer: the chirping of cicadas high up in the trees, the distant rumble of thunder as dark clouds begin to gather in the heat of day, the calliope-like tinkling of the bells of the ice cream truck as it meanders down the street, and the excited squeals of the children as they rush out to greet this rolling vendor of frozen goodness. How many of those kids dreamt of one day having their own ice cream truck and being able to eat ice cream all day long? Who wouldn’t? Unfortunately, it may not be as simple as all that. Here in Texas, as in other states, ice cream trucks are regulated, and operators must obtain the requisite permits to sell ice cream.

At the state level, mobile food units (MFUs) are governed by Chapter 437 of the Texas Health and Safety Code, and the Texas Department of State Health Service (the Department) is the entity through which MFUs are granted permits, except in certain instances mentioned in the statute. Under the Texas Administrative Code (TAC), an ice cream truck also can be classified as a roadside vendor because food is not prepared or processed by the vendor; the ice cream truck operator merely sells the ice cream. Nevertheless, under the TAC, the ice cream truck still is considered an MFU and therefore subject to the permitting requirements established by state law. In this regard, the Department has provided a checklist of requirements necessary to obtain approval for the operation of MFUs within its jurisdiction.

Tex. Health & Safety Code § 437.002 gives a county or public health district the authority to enforce state laws and rules concerning MFUs, but not the authority to adopt laws. In Harris County, persons wanting to operate an ice cream must obtain a permit from the Environmental Public Health Division (EPH) of Harris County Public Health. As part of the permitting process, the MFU must be brought to the EPH for a physical inspection by EPH staff and the Harris County Fire Marshal. Aside from the necessary documentation such as a valid Texas driver’s license and vehicle registration, there are certain equipment requirements that must be met as well as daily cleaning rules.

The City of Houston’s rules governing mobile food units can be found in Section 20-22 of the City of Houston Code of Ordinances. In Houston, an ice cream truck is classified as a restricted MFU, and as such, is the only MFU that can operate on city streets. It must have a CAUTION CHILDREN sign with warning lights and can only stop long enough to distribute the ice cream to interested customers. In addition, in accordance with Tex. Health & Safety Code § 437.0073 and Houston Ordinance § 20-22(c), all MFUs must first obtain a medallion to be able to operate within the city. Houston also requires the servicing of the mobile food unit within 24 hours period preceding operations.

You may wondering, however, about what brought on these ice cream truck musings. Today, August 14 just happens to be National Creamsicle Day, a celebration of that refreshing combination of vanilla ice cream covered in orange sherbet. Although the day has no real historical significance, it’s just fun to think about those things that brought us happiness as children and continue to bring us joy, especially as we melt away on these hot and humid days of August.

Harris County Law Library Offers 19th Amendment Centennial Symposium to All

For Immediate Release
August 14, 2020

The Harris County Law Library announces a virtual 19th Amendment Centennial Symposium on Tuesday, August 18, from 2pm to 4pm. The event, titled “Votes for Texas Women,” will focus on the history of women’s suffrage and the importance of inclusion in law and government.

“We are thrilled to offer this educational opportunity to everyone on the 100th anniversary of the day the 19th Amendment was ratified,” Law Library Director Mariann Sears said. “We hope that sharing the stories from the historical and legal texts of the brave women who fought for the right to vote by protesting and reaching out to their representatives, even as the 1918 pandemic raged on, can connect more people with the rich history surrounding the amendment.”

Mariann Sears, the first woman to serve as director of the Law Library, will welcome three distinguished women from the local legal community to share their expertise. Marie Jamison, a partner at Wright Close & Barger, will share her research into the history of the 19th Amendment and the progress made in the century that followed. Professor Renee Knake Jefferson, the Joanne and Larry Doherty Chair in Legal Ethics Director at University of Houston Law Center and author of Shortlisted: Women in the Shadows of the Supreme Court, will discuss her research concerning the overlooked history of the nine women who were shortlisted for nomination to the U.S. Supreme Court, but not nominated between the 1930s and 1980s. Justice Frances Bourliot, Fourteenth Court of Appeals Texas, will discuss the importance of inclusion on the bench and her experience as an appellate justice.

“The passage of the 19th Amendment, which prohibited denying a person the right to vote on the basis of sex, was an important step toward protecting voting rights in America,” County Attorney Vince Ryan said. “We are pleased with the Law Library’s efforts to celebrate the legacy of women’s suffrage and the contributions of women in law and government over the last century.”

Registration is now open and free to all at https://www.harriscountylawlibrary.org/19thamendment. The program is accredited by the State Bar of Texas for 2.0 hours of continuing legal education credit with 1.0 hour of ethics credit. In addition to the Harris County Attorney’s Office, this Law Library program is made possible with the support of the Houston Bar Association, League of Women Voters of Houston, and Women of Law.

About the Harris County Law Library

The Harris County Law Library opened in 1915 and has continued to serve Harris County’s legal information needs for more than a century. After joining the Office of Vince Ryan, Harris County Attorney, in 2011, the Law Library greatly expanded its technology offerings and services to the public. Ryan’s support for the revitalization of the Law Library was recognized by the American Association of Law Libraries in 2016 when he was named the Law Library Advocate of the Year. To learn more about services and digital collections, visit the Harris County Law Library Virtual Reference Desk at https://www.harriscountylawlibrary.org.