New Laws for Veterans

Happy Independence Day!

That's right, I'm saying it early.  Today we're going to talk about some new laws that apply to Veterans so maybe you can pass on some knowledge when you see a Veteran this holiday weekend.

Please note that all of these bills have been signed into law by Governor Perry and all of these new laws will be effective on September 1, 2011.

Veteran Driver's License - HB 1514

Veteran's can have a designation ("VETERAN") included on their driver's license.  Why would we want it?  Who knows, but maybe it will get us out of a speeding ticket?

A Veteran means a person that has served in one of the five branches of service, (if you're lost, the fifth is Coast Guard), or the Texas National Guard, and been honorably discharged.  All that is required is a request by the Veteran, and proof of service and honorable discharge.

Airborne Specialty License Plate - SB 0461

This one affects me directly, and I don't know if I like it, but the "Airborne Parachutist" license plate will now read "U.S. Paratrooper" instead.  However, it will still have the Army Airborne Wings.

If this is the first you're hearing about it, and are interested, there is no extra charge to get this license plate.

Bronze Star Specialty License Plate - HB 0559

The legislature has created new specialty license plates for recipients of the Bronze Star and Bronze Star with Valor.  It will have a picture of the medal emblem and a "V" for those with valor.

Funeral Service Disruption - HB 0718

This one isn't only for Veterans, but it sure seems to apply to Veterans more and more lately. (See Westboro Baptist Church)

A person commits an offense by picketing within 1,000 feet of a facility or cemetery being used for funeral service and within 3 hours before or 3 hours after the service.  This is a change in the law that previously provided a 1-hour buffer.

Mandatory Selective Service Registration - SB 0132

This change really applies to future Veterans, God help us if we have to turn to a draft again, but it makes Selective Service Registration mandatory, instead of optional, when getting a driver's license or ID card.

It appears that if you apply for an original, renewal, or duplicate driver's license or personal identification card, and you are between the age of 18 and 26, then your information will automatically be submitted to the U.S. Selective Service System for registration. 

Expect to see statutory notice language on your paperwork this Fall.

How to Thank a Veteran

By nature, we Veterans are modest and do not easily take praise or recognition.  This holiday, you will no doubt shake a Veteran's hand and tell him/her how proud you are, but be prepared for an embarrassed look in their eye and something about how they were just doing their duty.

We really do appreciate your praise, but we sometimes have a hard time showing our appreciation of your kind words.  A simple handshake, pat on the back, or "thank you," is enough to show your support, and turn our cheeks red.

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

Matthew Harris Law - Civil Litigation Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852

www.MatthewHarrisLaw.com

New Texas Boating Laws

To properly kick off Summer 2011, I know many of you will do it by taking to the lake.  Before you hit the water, you should know that your Texas Legislature has recently (as in, over the past couple of weeks) passed new laws specifically for boaters. 

Castle Boat

As we discussed in our last blog, carrying a handgun in your motor vehicle isn't illegal if you meet the simple requirements.  If you're lost, then it's because you didn't read last week, so go do that now.

When you return, you'll be happy to know that HB 0025, which allows the same handgun carrying requirements to "watercraft,"  has been signed into law, but you'll be disappointed that it doesn't go into effect until September 1, 2011.

Wearable Life Preserver

HB 0308 has been signed into law and is effective immediately.  It requires your motorboat to carry at least one "wearable personal flotation device" per person.

Fishing License Exemption

HB 0550 has been signed into law and is effective immediately.  It provides an exemption for the necessity of a fishing license for a resident whose birthdate is before January 31, 1931.

Jet-Skiing 13 year-olds

HB 1395 has been signed into law and is effective immediately.  It reduces the minimum age for operating a "personal watercraft," from 16 years old to 13 years old.

Previously, even persons 16 years of age had to have completed a boating safety course, but it appears that the new law has removed that provision for 13 year-olds.  It also provides guidelines for the operation of a personal watercraft for persons under the age of 13.

Boating in Circles

HB 0596 has been signed into law and is effective immediately.  The old law prohibited boating in a circular course around fishermen or swimmers.  

The new law adds a prohibition on operating a personal watercraft, in addition to boats, in that circular course.  It also adds a prohibition on the circular course around "waterskiing or a similar activity." 

However, it does carve out an exception for making a circle to retrieve a downed or fallen water-skier, or person engaged in similar activity.

Safety

This is far from an exhaustive list on the new boating laws, and there  are others that directly address safety and even one regarding boating accidents.  Stay safe out there on the water and as always, use a little common sense.  

If you have more questions about new legislation or you've been cited for a boating offense, please call your attorney because no website or blog, even this one, is a replacement for individual legal counseling.

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

Matthew Harris Law - Criminal Law Division

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

Attorney@MatthewHarrisLaw.com

(806) 702-4852 

www.MatthewHarrisLaw.com

You are NOT the Father!

The Nightmare

If you've ever watched daytime talk shows, you've witnessed a nightmare.  A Mom confesses to cheating and reveals that the Dad might not be the genetic-father.  Sadly, these stories rarely end well.  The host pulls the DNA results out of an envelope and proclaims, "You are NOT the Father!"  

The Dad had no idea that he was raising another man's child and may have even been ordered to pay child support for years before being embarrassed on national TV.

Old Law

The long standing tradition in Texas in such situations has been to require Dad to continue paying the child-support even after such a revelation.  

There was a small exception that allowed another man to step in his place as the child's father, but often the Mom didn't know, or wouldn't tell, who she suspected the actual genetic-father was.  

Basically, the Dad was duped and was required to pay child support on someone else's child for 18+ years.

New Law

Well a couple of weeks ago, May 12, 2011, the 82nd Texas Legislature made a HUGE change in this area of the law under SB 785; effective immediately.  

This bill has now become law and basically says that if the Dad finds out that he might not be the father, gets a DNA test that excludes him as the father, then he can have the parent-child relationship terminated and is no longer obligated to pay child support.  WOW!

Exceptions

Obviously there are some exceptions to follow this monumental change to the law.  If the father adopted the child, participated in assisted reproduction, or he was the intended father under a gestational agreement then he can't ditch his parental-duties.  

These exceptions are obviously necessary because he isn't surprised that he isn't the genetic-father and this isn't intended to be a Baby Lemon Law.

Filing Deadline

Generally, this suit must be filed within 1 year of Dad finding out that he might not be the genetic-father, however, that requirement is quite relaxed right now and won't take effect until September 1, 2012.  

Basically, if a Dad finds out he may not be the genetic-father ANY time before September 1, 2012, then he can file the Termination Suit up until September 1, 2013.

Public Reaction

I know some of you may become outraged and proclaim that this law hurts children and mothers because it takes away a much needed source of child-support.  Some are even referring to it as the "Bastard Bill" because it allows a child to be left without a father.  

I can't tell you how to feel about it, but if you look at it from the Dad's perspective, he has been lied to and been forced to pay child-support for a child that he didn't even father.

However, you know as well as I do that there is a difference between a Dad and a genetic-father.  This new law doesn't just dismiss a Dad that wants to be a part of that child's life.  

On rare occasions, that very same tragic story on that daytime talk-show does have a happy ending when the Dad says, "I don't care what those results say, that's my son/daughter and I'm not going anywhere.

Conclusion

Since this is a brand new law that, as far as I can tell, hasn't had a chance to see the inside of a courtroom yet, it remains to be seen how the courts are going to interpret it.  The above is my opinion on the matter and is only meant for informational purposes and not as legal advice.  If you think this law applies to you, I strongly recommend speaking with an attorney instead of trying to pursue it on your own.

Source:  S.B. 785 - 82nd Legislature of Texas

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

Matthew Harris Law - Family Law Division

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

Attorney@MatthewHarrisLaw.com 

(806) 318-8482 

www.MatthewHarrisLaw.com