Your Risky Space Travel

The Final Frontier

Since you were a kid and watched Star Wars and/or Star Trek, you’ve always dreamed of going into space one day.  However, you never really had the motivation to become an astronaut.

With Space Tourism looming on the horizon, the Legislators in Texas have recently made our state attractive to those businesses by limiting liability for space flight activities.

This means a greater chance of space travel from Texas.

What Are Space Flight Activities?

According to the text of the new law, Space Flight Activities encompass pretty much anything you can imagine NASA doing; such as preparing for launch, flight, or reentry; the conduct of launch; conduct between launch and reentry; reentry and descent; landing; and postlanding recovery operations.

However, the law doesn’t just limit the liability of space flight activities conducted by NASA, but to any “Space Flight Entity” that is conducting space flight activities.

What is a Space Flight Entity?

A Space Flight Entity means a person who has obtained the appropriate FAA license or other authorization, and also includes a manufacturer or supplier of components used in space flight activities and employees, stockholders, members, managers, or partners of such entities.

How Much Liability is Limited?

The space flight entity is not liable to any person for a space flight participant injury or damages arising out of the space flight participant injury if that participant has signed the new statutory agreement and warning statement.  Texas CPRC § 100A.003

However, this new law does not limit the liability for an injury that is proximately caused by the space flight entity’s gross negligence evidencing willful or wanton disregard for the safety of the space flight participant or for an injury that is intentionally caused by the entity.

What Does This All Mean to Me?

Here’s the simple breakdown, companies are going to follow the path of cheapest revenue.  One factor that makes business expensive is potential lawsuits.  This law prevents huge lawsuits against space tourism companies unless there is willful or wanton gross negligence or unless they intentionally cause an injury.

Since space tourism companies have less worry about these lawsuits in Texas, we may see more of them here.  Although, since you’ll have limited recourse if something goes wrong, I suggest you ensure your life insurance policy is in order, and your Estate Plan is complete.

Source: HB 115 (to become Texas CPRC § 100A)

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Civil Litigation Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Every Trucker's Nightmare

Scared of the Mailman

You’re a Peterbilt driving, air-horn honking, Convoy listening Truck Driver.  You worry about the clearance of that bridge ahead, but you don’t need to spend your hours on the road worrying about whether you’ll get that dreaded letter.

DPS sends CDL Suspension Notices by mail and they are every trucker’s nightmare because losing your license means losing your job.  Losing your job means losing your way of life.

What to Do With the Letter?

When DPS sends their Notice of Intent to Suspend your CDL, that is their notification to you that unless you take some action, then they are going to suspend your license.  It is very important for you to take that action because then you at least have a chance to be heard.

To be heard, the very first thing you want to do is request a hearing.  This hearing may take place before an Administrative Law Judge, or it could be transferred to one of your local Justices of the Peace.  Requesting this hearing isn’t the surefire way to save your license, but that will at least give you a fighting chance if the DPS has made a mistake.

Your attorney can go over your case with you and determine whether there is a factual, or procedural basis to contest the proposed suspension of your license.

How to Prevent Getting a Letter

The Texas Transportation Code provides a laundry list of violations for which your license could be suspended, but the most confusing is the provision that allows suspension for “two serious traffic violations...within a three-year period.”

These “serious traffic violations” amount to traffic tickets that you only worried about the price of the fine; such as following too closely, improper lane change, reckless driving, speeding.  Since you probably got these tickets out-of-state, you didn’t think much of them and just sent in the fine.

The problem with sending in the fine is that it amounts to a Plea of Guilty and is a conviction on your record.  When you receive such a ticket, you should consult with your attorney to see if there is any way to resolve that ticket without it resulting in that conviction so it doesn’t stick to your record.

Ultimately, the short answer to prevent getting the letter is to avoid getting any traffic citations, and if you do get traffic citations, fight them individually because fighting them at your suspension hearing might be too late.

Tex. Trans. Code—§ 522.003, 522.081

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Civil Litigation Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

How to Punish Your Ex

Child Support & Custody

When you and your Ex had a child together, you two became stuck together for the rest of your lives whether you like it or not.

Since you two are no longer a couple, it can be difficult to get them  to play by the rules when it comes to paying child support, being civil, or even letting you exercise your visitation according to the Court’s Order.

However, I sincerely hope that you don’t use this information to punish your Ex, but use it to help your Ex understand the consequences for keeping you from exercising your rights.

Your Legal Rights

Whether you and your Ex are bound by a Divorce Decree, or if you weren’t married and sought an Order to set out the visitation and child support amounts, your rights are the same under each.  You have a right to rely on that Judge’s Order.

When the Judge entered the Decree/Order, he made sure not to leave any ambiguities regarding your visitation and child support.  The child support amounts are described down to the penny and days due and the visitation down to the hour of the day for transfers.  For the record, the Judge doesn’t like when someone disregards their orders.

When your Ex doesn’t stick to their terms, you don’t have to take it; you can take action.

Your Plan of Action

Like I said above, I hope that you will use this information to show your Ex the consequences of their actions so they will hopefully change their ways, but you and I both know that your Ex doesn’t respond to logic.  Your plan of action should include a Motion for Enforcement.

Under the Texas Family Code, the Court can enforce a final order for child support and/or visitation by contempt.  Each occasion where your Ex failed to comply with the Court’s order is punishable by Contempt of Court.

What is Contempt of Court?

You see it on TV all the time, but when the Court finds someone in contempt, the Judge is basically saying that the person failed to obey a Court Order.  This is why you usually hear the Judge give a warning first on your standard overly dramatized TV show.

The punishment for contempt is fairly harsh though.  Contempt is punishable by up to 6 months in jail and a $500 fine.  Don’t forget that each violation is it’s own contempt.

How to Protect Your Enforcement

Every single one of my Family Law clients hear a similar pitch: I strongly recommend keeping a very detailed log of you and your Ex’s interactions regarding child support and custody.  Memories fade over time and you may find yourself in the above situation and desperately needing to remember what day your Ex disobeyed a Court’s Order.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Hardship Driver's License

Driving You Crazy

Well your kid has finally done it.  They’ve convinced you that they need a driver’s license before they turn 16.  I remember getting a hardship license when I was 15 because of my job’s hours.

However, before you start shopping for a safety-focused car for your child, let’s discuss the requirements and the new law.

Who Qualifies for Hardship License?

The Department of Public Safety (aka DMV) may issue a license to a person if failing to issue one “will result in an unusual economic hardship for the family of the applicant, the license is necessary because of the illness of a member of the applicant’s family, or the license is necessary because the applicant is enrolled in a vocational education program and requires a driver’s license to participate.”

Recent Change in Law

In addition to qualifying for a Hardship License, the child must meet some requirements.  They must pass a “driver’s training course,” be a certain age, and pass the licensing test.  Here’s the tricky part; as of September 1, 2011, the law has changed 2 of these. 

Driver’s Ed—The applicant, your child, isn’t eligible to take the driver’s training course until they are 15 (was 14), and this course now must be approved by the Texas Education Agency and conducted by a licensed driver’s education school.  No more home-taught driver’s ed?

Certain Age—To apply for the license, the applicant must now be at least 15 years and 180 days.  For those of you doing math at home, yes that is 6 months. (15 1/2 years old)

Exceptions and Possible Loophole

The law states that “if the department determines that an applicant must assist in the responsibilities imposed by a family illness, disability, death-related emergency, or economic emergency, then they may issue a temporary license to an applicant who has satisfied” the driver’s education requirement.

In my interpretation, it looks like someone can get a Hardship License earlier than age 15 1/2, but would be limited to the earliest they can complete driver’s ed after turning 15.

New Law, New Penalty

One big change to the Hardship License law is the penalty if the hardship license holder receives a Moving Violation. (i.e., speeding, running stop sign, failure to signal turn)

The previous law gave the department the option of suspending a Hardship License if the licensee is convicted of a moving violation.  Under the new law, the department shall (must) suspend the license for that moving violation conviction.

Oh, and just in case you are wondering, paying the ticket fine is a plea of guilty and is a “conviction” for that violation.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com