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"Law for the Layman" is another public service offered by Klee's Kaleidoscope. All articles published herein are written by licensed attorneys. "Law for the Layman" is intended to educate readers generally as to their legal rights and obligations under the law and to offer the public a better understanding as to how the law affects their everyday lives. An Index to all Law for the Layman articles posted to this website for the last year is published at the end of this page.

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Supreme Court Strikes Down Campaign Restrictions (February 1, 2010)

 Americans for Limited Government President Bill Wilson today praised the Supreme Court for overturning key aspects of the McCain-Feingold campaign restrictions, calling the decision "a decisive victory for the First Amendment, free speech, and open and fair elections."

"The Roberts Court will go down as the greatest defender of the First Amendment since James Madison wrote it," Wilson declared, calling the overturned restrictions "censorship."

"The twin pillars of censorship by the FEC Act: the so-called 'influencing language' standard whereby any speech that 'influenced' elections could be regulated, and the 'appearance of corruption' standard whereby any donations and expenditures that lead to the 'possibility' of corruption have now been struck down by the Roberts case," Wilson explained.

"First, the 'influencing language' standard in Wisconsin Right to Life case, and now the 'appearance of corruption' standard in today's Citizens United decision," Wilson added.

According to the majority ruling written by Justice Anthony Kennedy, "Limits on independent expenditures, such as §441b, have a chilling effect extending well beyond the Government's interest in preventing quid pro quo corruption. The anticorruption interest is not sufficient to displace the speech here in question."

"Under this ruling, corporate entity restrictions on political campaigning have thankfully been overturned, as they have a chilling effect on legitimate political speech protected by the First Amendment," said Wilson.

Wilson also condemned Senator Chuck Schumer (D-NY) for calling the decision "un-American."

"Chuck Schumer needs to have his head examined," Wilson said, adding, "the First Amendment was upheld in this case.  It doesn't get any more American than that."

In Citizens United v. the Federal Election Commission, the court ruled against provisions that restricted Citizens United from broadcasting a movie it developed, Hillary: The Movie, that was supposed to air during the 2008 Democratic Primary.  In particular, the court ruled that federal restrictions on independent political expenditures by a corporation is a violation of the First Amendment.

The court ruled 5-4 in favor of Citizens United.

 According to Nathan Mehrens, Counsel for Americans for Limited Government, "the ruling set a major precedent.  It's going to be very tough to impose new campaign restrictions on corporate entities' independent expenditures."

The law, the Bipartisan Campaign Reform Act of 2002, also known as McCain-Feingold, "set up distinctions between individuals and corporate entities, treating them far different in the context of making independent expenditures constituting political speech. 

Mehrens said it was a "very good" ruling. "The McCain-Feingold restrictions were so bad, that groups could not even mention a candidate's name during 'black-out' windows," Mehrens explained, pointing to limits on when messages could be broadcast prior to primaries and elections. 

"The case was filed by Citizens United as a pre-enforcement, as-applied challenge by Citizens United, meaning that they had not yet been restricted by the FEC.  Citizens United, in winning the case, was able to show that restrictions did apply in this instance and that there was a reasonable likelihood that the FEC restrictions would be applied," said Mehrens.

"In this case, the court decided that the issue was not moot despite the fact that the 2008 elections are over because they made a determination that this could happen again going forward," Mehrens added.

Wilson said that the ruling "could set a template for groups to unhinge unconstitutional restrictions in the future through pre-enforcement challenges."

Mehrens described the ruling as "pretty broad." 

"The only thing that really survived was the reporting requirements for the disclosure of campaign donors' information, because Citizens United could not show the likelihood of injury," Mehrens explained.

 owever, Mehrens said that "There are more cases in the pipeline that deal with campaign finance disclosures," including Doe #1 et al v. Reed, WA Sec. of State, et al, U.S. Supreme Court Docket #09A356. 

"The Supreme Court stayed an order of the 9th Circuit thereby preventing the WA Sec. of State from releasing the names of the signers of Referendum 71," Mehrens said, adding, "While this case deals with referendum signers and not those who give financial contributions, the disclosure issue is similar."

The Supreme Court vote was 8-1 to stay the 9th Circuit's order.

 Wilson called the ruling a "major step in overturning arcane, gargantuan censorship boards, laws and regulations that tie up our electoral processes in red tape, restrict speech, and favor incumbents."

Articles by Texas Attorney General Greg Abbott

What Texans Should Know About Providing Their Social Security Number (January 18, 2010)

According to the Federal Trade Commission, Texas ranks second in the nation for identity theft complaints. In 2008, nearly 32,000 Texans were identity theft victims and, as a result, lost thousands of dollars and hours of time attempting to correct their credit ratings and personal financial history.

Identity theft occurs when a criminal illegally uses someone else’s personal information – a name, address, driver’s license number, credit or debit card account number or Social Security number – to commit fraud or other crimes.

Fortunately, increased identity theft awareness has made Texans much more cautious about freely providing their personal information. One particularly sensitive part of a person’s identity is his or her Social Security number (SSN). Many Texans call the Office of the Attorney General (OAG) to ask when and where they are required to give out their SSN.

One of our most commonly received questions on this subject is, “Can a private business ask for my Social Security number?” Generally, the answer is yes. The law does not prohibit a business from asking for a person’s SSN; however, the customer has options and does not have to provide that information.

Texans are not legally required to provide their SSN to private businesses unless the transaction is one which triggers mandatory Internal Revenue Service notification. Texans should be aware, though, that businesses can refuse to provide products or services to customers who fail to provide their SSN.

If a business insists that customers provide their SSN and customers feel this is not justified, customers may want to ask for a supervisor or manager to discuss the situation. If the company is unwilling to budge, Texans may want to consider taking their business elsewhere 

Be aware that while federal law does not forbid a business from asking for a person’s SSN, it does mandate that the business protect any numbers it collects. People who provide their SSN to a private business should familiarize themselves with the company’s privacy policy.

Texas law also requires that businesses safeguard their clients’ sensitive personal information, including names, addresses, financial information and SSN. The OAG has charged several commercial vendors with unlawfully failing to protect such information.

Many Texans also inquire about government agencies and whether they have the right to ask for a person’s SSN. Federal law does compel government agencies to ask for a SSN in certain instances.

For example, certain government agencies, including taxing authorities, human resource offices and departments of motor vehicles, can require a SSN as mandated by federal law.

Federal law does provide protections when citizens are required to divulge their SSN. The Privacy Act of 1974 requires that all government agencies that request Social Security numbers provide a disclosure statement on the form. The statement explains whether citizens are required to provide their SSN or if it is optional. Additionally, the document details how a person’s SSN will be used.

The Office of Information and Regulatory Affairs in the U. S. Office of Management and Budget provides guidance and oversight regarding the Privacy Act of 1974. Interested Texans may read the Act on the U.S. Department of Justice Web site at www.usdoj.gov.

The Privacy Act also provides that citizens cannot be denied government benefits or services if they refuse to disclose their SSN – if the disclosure is not required by federal law or if the disclosure is to an agency which has been using Social Security numbers prior to January 1975.

Texans who are asked to give their SSN to a government agency but do not receive a disclosure statement may want to cite the Privacy Act and contact their U.S. congressmen or senators.

Points To Remember

Social Security Number

• You do NOT have to give your SSN to a private business.

• If you do give your SSN to a business, get a copy of their privacy policy.

• If you are required to give your SSN to a government agency, you must be provided with a disclosure statement.

• NEVER give out your SSN or other personal information over the phone or by e-mail.

• Report ID theft to your local police department.

• File an ID theft complaint on FTC’s website at www.ftc.gov or call (877) ID THEFT.

Homestead Exemptions on Multiple Contiguous Lots (January 11, 2010)

The following Texas Attorney General’s Opinion No. GA-0752 was rendered in response to a request from the Honorable Mark Homer

Chair, Committee on Culture, Recreation and Tourism, Texas House of Representatives on December 28, 2009 re homestead exemptions on multiple contiguous lots. It may be of interest to Llano County residents.

Re: Whether multiple contiguous lots may be claimed as part of a homestead exemption under section 11.13(j) of the Tax Code (RQ-0808-GA)

Dear Representative Homer:

You ask whether multiple contiguous lots may be claimed as part of a homestead exemption under section 11.13(j) of the Tax Code. (1)

As background, you tell us that an individual purchased a homestead in 1979 and that he subsequently purchased several lots contiguous to that homestead. Request Letter at 1. For the 2007 tax year, the individual applied for a homestead exemption to include all of the contiguous lots. The chief appraiser, and then the appraisal review board, ruled that none of the lots other than the individual's original lot could be claimed as part of the person's homestead because the lots were located in a platted subdivision, and were not used as part of the individual's homestead. Id.

Section 1 of article VIII of the Texas Constitution requires that "[t]axation shall be equal and uniform" and that "[a]ll real property . . . in this State, unless exempt as required or permitted by this Constitution . . . shall be taxed in proportion to its value." Tex. Const. art. VIII, § 1(a)-(b). Section 1-b of article VIII provides for several kinds of residence homestead exemption, and declares that "[t]he legislature by general law may define residence homestead for purposes of this section." Id. § 1-b. To that end, a "residence homestead" is defined as:

    a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with the land, not to exceed 20 acres, and improvements used in the residential occupancy of the structure, if the structure and the land and improvements have identical ownership) that:

    (A) is owned by one or more individuals, either directly or through a beneficial interest in a qualifying trust;

    (B) is designed or adapted for human residence;

    (C) is used as a residence; and

    (D) is occupied as his principal residence by an owner or, for property owned through a beneficial interest in a qualifying trust, by a trustor of the trust who qualifies for the exemption.

Tex. Tax Code Ann. § 11.13(j)(1) (Vernon 2008).

We begin with the proposition that "our primary objective is to ascertain and give effect to the Legislature's intent." City of Marshall v. City of Uncertain, 206 S.W.3d 97, 105 (Tex. 2006). We attempt to discern such intent from the actual language used by the Legislature. See Osterberg v. Peca, 12 S.W.3d 31, 38 (Tex. 2000). Statutory words and phrases must "be read in context and construed according to the rules of grammar and common usage." See Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005). In addition, "[s]tatutory exemptions from taxation are subject to strict construction because they undermine equality and uniformity by placing a greater burden on some taxpaying . . . individuals rather than placing the burden on all taxpayers equally." N. Alamo Water Supply Corp. v. Willacy County Appraisal Dist., 804 S.W.2d 894, 899 (Tex. 1991).

You state in your request letter that the chief appraiser and the appraisal review board denied the homestead exemption to the lots contiguous to the original homestead in part because those lots had been part of a platted subdivision. We have found no statutory or case law that would recognize such a distinction between platted and non-platted lots. Indeed, the plain language of the term "residence homestead" as defined in section 11.13(j) indicates that the original lot and structure, which the appraisal review board has treated as the individual's residence homestead, and the additional land and improvements about which you inquire could constitute a "residence homestead" to the extent that the land and the improvements thereto are used by the owner in the residential occupancy of the original homestead and have identical ownership. When a statute's language is clear and unambiguous, its plain meaning must prevail. McIntyre v. Ramirez, 109 S.W.3d 741, 745 (Tex. 2003). Moreover, a court has stated that "where separate pieces of property are occupied and used by the owner for one and the same purpose, and their separate identities and values become merged and consolidated by such use, no separate valuation and assessment is required." Green v. Baldwin, 336 S.W.2d 291, 294 (Tex. Civ. App.--Texarkana 1960, writ dism'd) (citing Moody-Seagraves Co. v. City of Galveston, 43 S.W.2d 967, 970 (Tex. Civ. App.--Galveston 1931, writ ref'd)). (2) We note, however, that the question of "[w]hether property is a homestead presents a fact question." Brown v. Bank of Galveston, 963 S.W.2d 511, 515 (Tex. 1998). Thus, the determination of whether all the lots of which you inquire do, in fact, form part of the residence homestead requires a factual determination that is not conducive to the opinion process.

You also ask whether a chief appraiser is authorized "to limit the exemption to less than twenty acres by requiring the land [to] be used in some manner." Request Letter at 2. In a 1983 opinion, this office said that a chief appraiser is not given the discretion to establish a minimum or maximum amount of acreage as the amount of land receiving the designation "so long as that land is used in the residential occupancy of the structure receiving residence homestead designation." Tex. Att'y Gen. Op. No. JM-40 (1983). Accordingly, so long as the chief appraiser determines that contiguous lots of less than twenty acres are being used as a residence homestead, the taxpayer would be entitled to an exemption.

S U M M A R Y

    Section 11.13(j) of the Tax Code defines "residence homestead" for purposes of the payment of property taxes to include "a structure . . . together with the land, not to exceed 20 acres," regardless of whether any part of the property is located in a platted subdivision. If the chief appraiser finds that contiguous lots totaling less than twenty acres are being used as a residence homestead, the taxpayer is entitled to an exemption on the entire property. Whether any particular group of contiguous lots would qualify as a "residence homestead" is a question of fact.

        Very truly yours,

        GREG ABBOTT

        Attorney General of Texas

Understanding Renter Rights and Responsibilities (December 7, 2009)

All over Texas, students are preparing to return to college. As a result, many young Texans are in the market for a new place to live. Inexperienced renters may find the rental process to be a little intimidating. However, renters who know their rights and responsibilities can take some of the stress out of the process.

Most landlords require a tenant’s signature on a lease. Renters should read their lease documents carefully before they sign them. Real estate agents who know the rental market may be able to help renters. In many cases, rental agents work at no cost to the renter.

Renters who want to change a part of their lease should discuss the changes with the landlord. If the landlord agrees, the two should decide how they want to phrase the change and write it into the agreement. Both should then initial the change. For example, while many standard leases prohibit pets, some landlords may be willing to accept a pet if the tenant puts down extra money as a security deposit.

Once renters have signed their leases, moved in and unpacked, they can expect to enjoy certain rights which include:

• Peace and quiet – A landlord cannot evict renters without cause or otherwise disturb their right to enjoy the residence.

• Privacy – Tenants should study their leases carefully to determine the circumstances under which a landlord may enter their homes. Unless a lease agreement says that the landlord can enter the unit, the landlord has no right to do so, except perhaps in case of emergency or to conduct repairs the tenant has requested.

• Locks and security – Although there are some specific exceptions, under Texas law, a dwelling must be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers. These devices must be installed at the landlord’s expense. If such devices are missing or are defective, a tenant has the right to request their installation or repair.

• Smoke detectors – The landlord must provide smoke detectors. A tenant may not waive that provision and may not disconnect or disable the smoke detector.

• Freedom from discrimination – The federal Fair Housing Act prohibits landlords from discriminating because of race or color, national origin, religion, gender, familial status, or disability.

• Freedom from retaliation – Under Texas law, it is illegal for a landlord to retaliate against a tenant for complaining in good faith about necessary repairs for a period of six months from the date the complaint was made.

On the flip side, tenants have a number of responsibilities to uphold their end of the rental contract. These obligations may include:

• Paying rent in full and on time in accordance with the lease agreement.

• Appropriate upkeep of the rental property. The landlord may not charge the renter for normal wear and tear on the premises and may only charge for extraordinary damage.

• Notifying the landlord of necessary repairs in writing. If the landlord fails to make repairs that materially affect tenants’ health, safety or security, and tenants follow the procedures required by law, tenants may be entitled to end the lease, have the problem repaired and deduct the cost of the repair from rent. Tenants also could file a civil lawsuit to force the landlord to make the repairs. Renters should consult with an attorney before taking any of these actions.

• Giving notice of a tenant’s intent to move out. Many leases require 30 days notice as a condition of returning a renter’s deposit – though some agreements require more than that.

• Giving a landlord notice of a tenant’s forwarding address. Landlords are required to return tenants’ security deposits or explanations of deductions within 30 days of their departure.

Property codes can be confusing. Texans who have questions about their specific situations can contact their local tenants’ councils or other resources listed in the “Things to Remember” section of this column.

Points to Remember

Renter Rights & Responsibilities

Texas Department of Housing

and Community Affairs

(800) 525-0657

www.tdhca.state.tx.us

The following organizations provide additional information on tenants’ rights, including brochures:

Austin Tenants’ Council

1619 E. Cesar Chavez St.

Austin, Texas 78702

(512) 474-1961

www.housing-rights.org

State Bar of Texas

P.O. Box 12487

Austin, Texas 78711

(800) 204-2222

www.texasbar.com

Texas Apartment Association

1011 San Jacinto Blvd., Suite 600

Austin, Texas 78701

(512) 479-6252

www.taa.org

Office of Attorney General

(800) 252-8011

www.texasattorneygeneral.gov

Consumer Protection: Home Buying & Mortgages (November 30, 2009)

In the wake of the recent housing downturn, many Texans are understandably cautious about the real estate market. But there are many things – like low interest rates, reduced sales prices and government incentives for first-time home buyers – that have many Texans thinking about exploring the benefits of home ownership.

Buying a home can be a complicated process – and mistakes or errors in judgment can have long-lasting consequences for a home buyer. Texans who are eyeing the real-estate market should educate themselves and enlist help from professionals who can protect their interests.

Ideally, Texans should make financial decisions that will foster healthy credit profiles long before they are ready to become home owners. Proof of financial responsibility, often in the form of a higher credit score, can often be parlayed into lower interest rates and mortgage costs.

One of the first things a home buyer should consider is hiring a knowledgeable real-estate agent. Asking friends and family for Realtor recommendations is a good place to start. But buyers should interview an agent to make sure the individual sounds like a good fit. Consider questions such as: How long have you been licensed? What are your hours? What are your rates? How are you different from your competition? With which areas of town are you the most familiar?

Texas home buyers should learn as much as they can about their specific housing markets. The Internet provides a multitude of resources allowing prospective buyers to research homes. Home buyers should consider specific areas of town, home prices and values, tax rates, school districts, mortgage terms, interest rates, proximity and crime rates, as well as any other factors important to them. The more a buyer knows, the more difficult it is for an unscrupulous actor to take unfair advantage.

One of the issues under scrutiny and blamed for much of the mortgage crisis is predatory lending. Predatory lending refers to a variety of illegal activities in the loan industry, including deceiving borrowers into accepting unfair and abusive loan terms.

To reduce the risk of predatory lending, a prospective purchaser should do their homework to best understand mortgage financing. Shopping around for the best mortgage deal can save thousands of dollars over the life of a loan. The lower the interest rate, the less the owner will pay the lender to borrow money. Understanding the terms of the loan is also important. Some loans – like adjustable rate mortgages (ARMs) – have fluctuating interest rates, which means an owner could end up making higher payments after an initial period of time. Home owners should carefully weigh their ability to pay more per month if the rate goes up.

Home buyers should consider getting quotes and information from a variety of lending sources, such as mortgage companies, commercial banks and credit unions. And, of course, home buyers should never sign a loan agreement or sales contract unless they are certain they fully understand the terms.

Lastly, home buyers should always use a title company. This is the only way home buyers can protect themselves from financial loss due to title defects, liens or other problems. Buyers should not skip this service even if the seller “just had a title search six months ago.” Any number of things can happen in six months that affect the seller’s ability to legally transfer a home’s title. Plus, the seller’s title insurance would not protect the buyer in the event that a claim against the property arose after the sale.

More home buying information is available on the Office of the Attorney General (OAG) Web site at: http://www.oag.state.tx.us/consumer/buying_house.shtml.

Texans who believe that they may be a victim of predatory lending, deceptive trade practices or other consumer fraud should visit the OAG’s Web site at www.texasattorneygeneral.gov for more information and to file a complaint.

Points to Remember

HOME OWNERSHIP & MORTGAGES

Texas Department of Housing and Community Affairs

(800) 792-1119

www.tdhca.state.tx.us

U.S. Department of Housing and Urban Development www.hud.gov

Federal Housing Administration

(800) 225-5342

http://portal.hud.gov

Home Affordable Refinance Program

www.makinghomeaffordable.gov

GovLoans.Gov

www.govloans.gov

OAG Consumer Protection

(800) 621-0508

www.texasattorneygeneral.gov

Gaming Systems Can Expose Children to Risks (November 9, 2009)

When we were young, our parents warned us not to talk to strangers. That important rule applies at the local playground and in our neighborhood. Today, children are more likely to frequent a digital playground that can be even more dangerous.

For example, many game systems have evolved dramatically and now have many of the same capabilities as home computers. In particular, these games’ online interfaces allow users to interact with each other using text, voice or even video chat. Parents should beware of the potential for child predators to use these systems to prey upon and contact their children.

Video game systems typically have parental control features that can be used to restrict game features that bear increased risks. These controls allow a parent to:

• Enable or disable a game console’s chat features or manage with whom and how a user can communicate and play;

• Enable or disable Web browsing;

• Permit or block access to online games;

• Restrict games based on maturity ratings;

• Restrict the amount of time a game console may be played (per day or per week); and

• Restrict purchases of games or add-ons from manufacturer’s online store.

While these features are designed to give parents peace of mind, many kids have the technological knowledge to bypass controls. So even the best controls do not replace adult supervision.

Nonetheless, parents should carefully consider whether to enable their gaming system’s chatting feature. Parents who choose to allow chat should teach their children to closely guard and protect their “friend code” or game user name. During online conversations, child predators may look for clues that reveal a child’s physical location. Children should also be strongly cautioned against discussing anything personal while playing online games with people they do not know.

As with computers, game consoles should be kept in a common area of the home. Parents should also consider participating in their children’s game-playing activities.

Hand-held gaming devices also pose potential risks to children. Many of these devices have wireless-communication capabilities and are popular among kids who use them to communicate with others who are within range, usually about 30 feet. Child predators may be able to exploit this feature in certain public settings.

Texans should be aware that not all games are appropriate for children of all ages. Most video games come with a rating that indicates age appropriateness. These ratings are assigned by the Entertainment Software Rating Board (ESRB), a self-regulatory body that rates computer and video game content; enforces industry-adopted advertising guidelines; and helps ensure responsible online privacy practices for the interactive entertainment software industry.

ESRB ratings help parents determine which games are appropriate for their children. The ratings are incremental from “early childhood” through “adult only” and offer content descriptions that explain the games’ themes, language, violence or sexual content. In addition to using the ESRB guide, parents should consider their child’s maturity and personality when selecting games for them.

Although most parents take steps to reduce the threat of accessible, unsuitable content on their home computers, many do not realize that the same Internet content can be accessed with a game console. Current game systems are Internet capable, which means kids can use them to browse potentially inappropriate material on the Web.

Parents who believe their child has been contacted by a sexual predator should try to preserve the record of the communication and report it to their local police department or to the OAG Cyber Crimes Unit. For more information about cyber safety, visit www.texasattorneygeneral.gov.

Points to Remember

Video Game Safety

• Choose games appropriate for your child’s age and maturity level.

• Use your game console’s parental controls.

• Keep computer or game console in public area of the home.

• Play video games with your children.

• Talk to kids about how to protect identifying information, and to avoid and report conversations that make them uncomfortable.

ESRB

Information on video-game safety and setting up parental controls http://www.esrb.org

OAG Cyber Crimes Unit

(800) 252-8011

www.texasattorneygeneral.gov

Internet & Wireless Device Safety: In the World of Virtual Reality, the Consequences Are Real (November 2, 2009)

According to a recent study, 20 percent of teenagers have electronically sent or posted naked or semi-naked photographs of themselves online. Even more teens are sending suggestive or explicit e-mails, instant messages (IMs) or text messages – in some cases to people they have never met in person, but only know online.

While most expect that the content will only be viewed by a trusted boyfriend or girlfriend, too often that is not the case. Nearly 40 percent of teens report that they have had racy messages or photos shared with them – when they knew those pictures were intended for someone else. This content can be forwarded to lots of unintended recipients or posted on the Internet for the world to see.

In addition to causing embarrassment, circulating these photos also can be illegal. Depending on the content and ages of the subject and recipient, some e-mailed or texted photos may meet the legal definition of child pornography. Persons convicted of possessing child pornography face up to 10 years in prison. They may also have to register as sex offenders for the rest of their lives.

There are many possible consequences associated with suggestive messages and photographs of oneself. These messages or photos may:

Get passed around to others or posted on the Internet; Raise the expectation of sexual activity, potentially putting the sender in uncomfortable or dangerous situations; Cause the sender and/or recipient to face child pornography charges, be imprisoned and have to register as a sex offender; Cause embarrassment and legal or employment problems for parents and family members; Result in suspensions from school or athletic participation; or Hinder future attempts to get into college, receive scholarships or become employed.

College recruiters, teachers, potential employers, parents and others may all be able to find previous Internet posting were after the original has been deleted. For example, before a photo’s deletion, it may have already been copied or posted elsewhere.

Failing to comprehensively assess consequences is one of the hallmarks of youth. Another hallmark is poor judgment. Growing up takes time. So, in many instances, teenagers are aware of the risks posed by their online activities – but they believe the bad consequences will not happen to them.

Education and frank discussions between parents and their children are critically important. Parents and educators should consistently explain that sexually themed communications and photos are inappropriate and dangerous. In cyberspace, harmful or embarrassing photographs can quickly make the rounds and fall into the wrong hands, including those of child predators. They can also lead to ridicule and unwanted attention.

Parents should take an active interest and pay close attention to their kids’ use of technology. They should be clear with their teens about what they consider appropriate behavior. Cell phone carriers offer tools, some of which are free, to limit wireless devices’ content and communications capabilities. Text messaging service can be turned off or limited to certain hours. Internet access can be removed or filtered by age appropriateness. Parents can consider buying a phone that has no camera feature.

Points To Remember

Internet & Wireless Device Safety

Don’t assume anything sent or posted online is going to remain private.

There is no changing your mind in cyberspace — assume anything sent or posted online will never really go away.

Nothing is truly anonymous. Screen names, phone numbers or e-mail addresses can all be traced back to an individual if someone – including a criminal – tries hard enough.

The Wireless Foundation

www.wirelessfoundation.org

Office of the Attorney General

(800) 252-8011

www.texasattorneygeneral.gov

Dealing with Changes in Credit Card Terms (October 12, 2009)

Most Texans believe that responsible credit card use – paying balances on time, maintaining a good credit score and not exceeding the credit limit – will be rewarded with lower interest rates, higher credit lines and better terms. Unfortunately, that is not always the case. Recently, lenders have been modifying customers’ agreements to charge higher rates and fees.

Although the prime interest rate, the lending rate that banks charge other banks – is at an historic low, many reports indicate that credit-card companies are raising interest rates and increasing fees on customers – even those who have never exceeded their credit limits or made late payments.

Texas law generally caps the amount of interest that a credit card company can charge, but that interest rate limit only applies if the card issuer is a bank chartered by the state of Texas. And most credit card issuers are based in other states, so many Texans’ credit cards are and not subject to Texas’ limits.

Within the confines of state and federal law, many credit card accounts are governed by the agreement between the issuer and the card holder. Many credit card agreements also allow issuers to periodically change interest rates and other terms at their discretion.

Card holders should keep in mind that many credit card companies regularly monitor their customers’ overall creditworthiness. And they use penalty rate triggers to increase interest rates under certain circumstances. For example, interest rates can be raised if a customer fails to make a single payment on time. And in today’s economic climate, interest rates are also being increased while credit limits lowered – largely because of elevated balances on consumers’ other accounts or changes in the way their information is reported to credit bureaus.

Credit card holders should watch for term-of-agreement updates from their issuer to determine if their interest rate is going to change. If the bank intends to change one of the terms, such as the interest rate, it must send notice at least 15 days in advance of the change. The 15-day advance notice requirement does not apply if the consumer has agreed to the change, or the change is due to delinquency or default, such as exceeding the credit limit.

Credit card customers with questions about their credit cards should review their cardholder agreement, ideally before signing up for a card. Among other things, these agreements should detail the interest rate, the length of any promotional rates, penalty fees and penalty fee triggers.

Cardholders should carefully monitor their statements and note any abrupt modifications from one statement to the next. Texans who notice a change, such as a sudden interest rate increase, can contact their credit card company for additional information and attempt to negotiate better terms. If customers receive notice of a change, they should determine whether the bank provided an opt-out of the change. Some banks allow customers to retain a lower rate by closing the account to future purchases and requiring payment of the balance under existing account terms. If any new terms are objectionable, Texans should weigh their options, which could include paying off the balance or transferring the balance to another card with a lower rate.

Texans who have difficulty managing their credit debt may consider credit counseling. Credit counseling services are designed to teach people how to use credit responsibly and help debtors get out of serious debt by establishing a debt management plan.

Debt management plans allow debtors to consolidate payments into a single lump sum paid to the credit counselor each month. The consolidated payment is then distributed to creditors, often at reduced interest rates, which allow the debtor to get out of debt faster.

Unfortunately, some scams have arisen that prey upon desperate debtors. So, Texans need to be careful when they select a credit counselor. The National Foundation for Credit Counseling can provide a list of accredited counselors by calling (800) 388-2227 or visiting their Web site,  www.nfcc.org.

The federal government has recently taken some measures to help debtors with outstanding credit card balances. In December, the Federal Reserve approved new rules that prohibit unfiar credit card company practices and improve disclosures to debtors. For example, credit card companies must notify customers 45 days before making any changes in the terms of their agreements – a 30-day increase. The new rules, however, do not become effective until July 2010.

Credit card holders with complaints or concerns should contact the Federal Deposit Insurance Corporation, the Federal Trade Commission or the Office of the Attorney General.

Points to Remember

Credit Card Terms

Get a free annual credit report from each of the credit reporting bureaus at www.annualcreditreport.com.

Contact the Texas Office of Consumer Credit Commissioner, which regulates Texas’s credit industry and offers assistance to consumers and creditors, at (800) 538-1579 or www.occc.state.tx.us.

If you believe you have been subjected to misrepresentation or deceptive practices by a credit card company, contact the OAG at (800) 252-8011 or www.oag.state.tx.us.

Other Resources:

Federal Deposit Insurance Corporation

(877) ASK-FDIC

www.fdic.gov

Federal Trade Commission

(877) FTC-HELP

www.ftc.gov

www.ftccomplaintassistant.gov

All of Us Are Responsible for Ending Child Abuse (August 17, 2009)

Sometimes, the most profound adult lessons can be found in a children’s story. My daughter and I recently saw a movie that emphasized our collective moral responsibility to protect the most vulnerable in our society. That protective message is particularly important this month, because April is National Child Abuse Prevention Month.

The film was “Horton Hears a Who,” which is based on the classic Dr. Seuss book. The main character, Horton, is a loveable elephant who hears a faint cry for help from some little creatures called Whos. These fuzzy creatures are so small, in fact, that Horton cannot see them. The Whos desperately tell Horton that he is their only hope, and beg him to rescue them from danger.

Horton doesn’t hesitate, declaring, “I’ve got to protect them...I’m bigger than they.”

Despite many obstacles and other characters’ refusal to lend a helping hand, Horton remains determined to get the Whos to a safe place. “A person’s a person … no matter how small,” he says defiantly.

Ultimately, Horton saves the Whos by getting them to simultaneously yell with all their might – finally allowing their cries for help to be heard. Put another way, Horton saves the Whos by helping them find their voice.

Texans who soldier in the struggle to protect children from abuse can learn a lot from Horton. Abused children are in danger and they need our help. It is our duty to protect them and get them to a safe place. Their cries are often faint, which is why it is so important for everyone to listen. Ultimately, abused children need someone bigger to protect them and help them find their voice.

We must all stand ready to help and protect abused children. Parents, relatives, friends, neighbors, teachers – we must all listen carefully for their cries, report any abuse, and help get these little victims to a safe place.

For abused children, few places are as safe as a Children’s Advocacy Center. Hundreds of Texas children walk through the door of a CAC every day. And quite remarkably, these little victims find the courage and strength to talk about the terrible trauma they have suffered. Once their burden has been lifted, they can begin the long journey to recovery. CACs are uniquely equipped to help children find their way. They bring together a broad array of services – including law enforcement, child protective services, prosecutors, medical professionals, mental health experts and victims’ advocates – under a single roof.

CACs are making a big difference in the lives of young victims. Last year, 63 CACs in cities and towns all across Texas served almost 40,000 children.

Their success is due in large part to the support they receive from their local communities. The Office of the Attorney General also supports their good work. Last year, we provided $6 million in grant funding to CACs across Texas.

But to end child abuse, more must be done. And the path to victory starts with people who are willing to report abuse when they become aware of it.

Unfortunately, not all children can count on a protective, caring family member to hear their cries for help and steer them safely out of harm’s way. In these situations, a concerned neighbor, teacher or friend may be a little victim’s only hope.

That was the case for 10-year-old Myra, who endured two years of sexual abuse from her brother. Sadly, Myra’s mother ignored her cries for help. Finally, Myra told someone at school who actually listened and reported the abuse. Then, Myra was taken to the local CAC, where she told her painful story to a forensic interviewer.

Myra’s journey down the path to recovery has been a difficult one. She no longer lives with her family, and she is still working through the betrayal and sadness wrought by her abuser. But Myra is finally in a safe environment with loving caregivers. The road ahead will not be easy, but the steps she is taking mark important and early victories over major adversity.

Thanks to a single caring soul’s attentive ears, her own courageous cries for help, and the comforting presence of a local CAC, Myra continues her journey toward recovery. I hope all Texans will learn from Myra’s plight: remain vigilant; listen when little voices cry for help; and make sure child abuse victims get the safety, security and support they need to embark on their own journey to recovery.

Points to Remember

To report suspected child abuse, call the Texas Department of Family and Protective Services’ 24-hour Texas Child Abuse Hotline at (800) 252-5400 or a state or local law enforcement agency.

If a child is in immediate danger of serious bodily harm, call 911 or local law enforcement immediately.

Children’s Advocacy Center of Texas

(512) 258-9920

www.cactx.org

Office of the Attorney General

www.texasattorneygeneral.gov

New Service Helps Parents Address Visitation Concerns (June 22, 2009)

The Office of the Attorney General (OAG), in collaboration with the Texas Access to Justice Foundation, is offering free legal clinics to parents who need help understanding their visitation orders. Although federal regulations do not allow the OAG to use child support funding for legal services about custody or visitation disputes, the OAG does receive limited special funding to provide assistance in visitation matters.  The desire to increase positive, safe shared parenting has led the OAG to work with the Texas Access to Justice Foundation (TAJF) to develop a statewide project to help parents with visitation questions.  The Parenting Order Legal Clinics, also known as POLC, are offered one evening a month in over 30 locations across Texas. The two-hour clinics are led by experienced attorneys who are trained to address parents’ access and visitation concerns. 

In a town hall setting, attorneys will provide

• general information about visitation orders • an explanation of complex legal terms included in most visitation orders • requirements for changing an order • local resources to help with visitation concerns.

Parents receive clinic services face-to-face and attorneys are able to spend more time ensuring parents leave with the knowledge and resources needed to resolve parenting time issues. Child Support attorneys also volunteer their time to be present to answer questions related to child support.

Parents are encouraged to bring their court orders to the clinic so the attorneys can offer information that is relevant to attendees’ circumstances and to call the clinic’s phone number to ask for childcare or to request an interpreter.

Although attorneys cannot offer legal advice, parents will walk away from the sessions with a better understanding of their parental rights and responsibilities and why it is important for both parents to comply with court orders that regulate parental access to children.  Parents can attend multiple clinics if necessary. 

In addition to the clinic services, TAJF and the OAG are identifying and developing local resources for visitation order services to help parents resolve their visitation issues. 

The first POLC site began in June 2008.  Now, POLC is available in more than 30 locations statewide. Childcare and/or Spanish interpreters may be available upon request. To find the clinic nearest you, call (866) 292-4636 any weekday between 1 and 7 p.m. Clinic locations are also available in the family law section of Texas Law Help at http://texaslawhelp.org/link.cfm?2412  or on the OAG Web site under What’s New in the Child Support section.

The Access and Visitation hotline is available for parents who are unable to attend a POLC in person.   Depending on the circumstances, hotline attorneys may help parents understand the terms of their legal orders, identify steps they can take to resolve visitation conflicts without going to court, draft visitation compliance letters, determine if a modification to the visitation or custody order is needed and access local legal resources.  Hotline attorneys ensure that safety for children and both parents is addressed on the call and they guide parents to take appropriate steps when concerns are identified.   Over 1,500 calls from parents are answered each month and the hotline’s companion Web site, which offers helpful legal forms and other legal information, is accessed nearly 4,000 times per month. The hotline is staffed by attorneys trained to answer parents’ questions about child custody, visitation, paternity and child support. The hotline’s toll-free number (866) 292-4636,

is available Monday through Friday from 1 to 7 p.m.

Parents also can visit www.txaccess.org to obtain downloadable legal forms and examples for completing them, samples of parent letters to request compliance with orders, visitation logs, and other tools for resolving custody and visitation concerns.

To learn about other access and visitation services that the Child Support Division offers, visit the child support section of the OAG Web site www.texasattorneygeneral.gov and select Child Support, then select Family Initiatives.

Points To Remember

Access and Visitation Services

• The OAG, in collaboration with the Texas Access to Justice Foundation, is offering free Parenting Order Legal Clinics to help parents understand possession orders.

• POLC is available in more than 30 locations statewide. Childcare and/or Spanish interpreters are available upon request.

• To find the clinic nearest you, call (866) 292-4636 any weekday between 1 and 7 p.m. Clinic locations are also available in the family law section of Texas Law Help at http://texaslawhelp.org/link.cfm?2412.

• The Access and Visitation hotline, available for parents unable to attend one of the monthly clinics, is staffed by attorneys trained to answer parents’ questions about child custody, visitation, paternity and child support. The hotline’s toll-free number, (866) 292-4636, is available Monday through Friday from 1 to 7 p.m. and is answered in English and in Spanish.

• To learn about other access and visitation services that the Child Support Division offers, visit the child support section of the OAG Web site www.texasattorneygeneral.gov, and select Family Initiatives.

Consumer Alert: Identity Theft (June 15, 2009)

Texans need to protect their personally identifying information, watch for signs of fraud

According to the Federal Trade Commission, Texas ranks second in the nation for identity theft complaints, so Texans should carefully guard their identities and credit ratings. In 2008, nearly 32,000 Texans were identity theft victims and as a result, lost thousands of dollars and hours of time attempting to correct their credit ratings and personal financial history.  

Identity theft is a crime that occurs when a criminal illegally uses someone else’s personal information – whether it’s another’s name, address, driver’s license number, Social Security number, credit card number – to commit fraud or other crimes. Sometimes identity theft is detected quickly, but other times it may take years before it surfaces. As a result, a victim may not recognize the theft until his or her credit has been destroyed. No one, including children, is immune to this crime.

The average victim loss runs into hundreds of dollars, with victims forced to spend hours cleaning up the damage. But the worst cases can cost thousands of dollars and take years to fully repair. To help prevent identity theft, the OAG conducts public education efforts and pursues vendors that fail to protect their customers’ personal information.

Identity thieves obtain their victims’ personal information in several ways. Here are just a few:

• Dumpster diving. Thieves retrieve bills and other documents out of the trash. Although Texas law prohibits vendors from simply throwing away documents that contain their customers’ sensitive information, when a store or office makes a mistake, identity thieves can recover large caches of personal information from publicly accessible dumpsters. To prevent thieves from obtaining usable personal information from the trash, Texans should use a cross-cut shredder to destroy financial documents and paperwork with personal information.

• Skimming. Some identity thieves use an economical storage device to copy credit/debit card numbers when credit cards are processed by vendors. Texans can avoid falling victim to this tactic by keeping an eye on their credit card statements.

• Phishing. Thieves pretending to be financial institutions or online retailers often send official-looking e-mails in an attempt to trick Internet users into revealing their personal information. Texans can avoid falling victim to this tactic by refusing to provide their passwords or sensitive information (personal or account details) through e-mail or in response to unsolicited phone calls.

• Pretexting. Like phishing, this scheme employs false pretenses to obtain personal information from financial institutions, telephone companies, and other sources. Texans can avoid falling victim to this tactic by refusing to provide their passwords or sensitive information (personal or account details) through e-mail or in response to unsolicited phone calls.

• Phony job offers. Identity thieves place fake employment ads and ask respondents to fill out applications that include their personal information. Texans can avoid falling victim to this tactic by researching a company before providing any personal information. Job applicants should only apply at a reputable business’s known physical location or Web site.

• Change of address. Identity thieves use change of address forms to divert a consumer’s mail to another location by completing a change-of-address form. The U.S. Postal Service now sends a “Move Validation Letter” to both an old and new address when a change of address is filed. If Texans receive one of these letters but did not apply for a change of address, they should call their post office immediately.

• Regular stealing. By stealing items like wallets, PDAs, laptops, purses, new checks, tax information or personnel records, identity thieves can have access to the personal information they need to commit identity theft. Texans can avoid falling victim to identity theft by guarding these sensitive records with care, and only carrying those records that they need. If records are lost or stolen, Texans should cancel the lost or stolen credit cards and alert their banks.

• Shoulder surfing. By literally looking over a victim’s shoulder, identity thieves can obtain personal information, such as at an ATM, for example. Texans can avoid to this tactic by being aware of their surroundings and carefully concealing personal information and PIN numbers.

• Hacking. Hackers gain information by breaking into computer systems. Texans can avoid hackers by using anti-virus software, firewalls and other methods to keep your computer secure. Texans should keep all such software updated to ensure they receive the latest protections.

• Working in your home. Residential contractors or other workers may misuse personal information they find in plain view. Texans can avoid this tactic by keeping sensitive documents in a secure place and limit unsupervised unknown workers in their homes.

Texans should review their financial statements regularly and look for unusual activity. They should also request and review their credit report each year. To get a free copy of the “big three” credit reports, visit www.AnnualCreditReport.com, call (877) 322-8228 or write: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, Ga. 30348-5281.

Texans who believe their identity has been stolen can follow these steps to minimize their losses:

First request a credit report “Fraud Alert,” which requires that creditors follow special procedures before creating new accounts or making changes to existing accounts. A call to any of the three nationwide consumer reporting companies can initiate a 90-day fraud alert.

Fraud alerts entitle credit card holders to free copies of their credit reports. Potential identity theft victims should look for credit inquiries from companies they have not contacted, accounts they did not open, and debts on their accounts that they cannot explain.

Identity theft victims should file complaints with the OAG and the Federal Trade Commission. A printed FTC complaint, which is available online, in conjunction with a police report, can constitute an identity theft report and entitle a victim to certain protections. The identity theft report can be used to:

• permanently block fraudulent information from appearing on a credit report;

• ensure that improper debts do not reappear on a credit report;

• prevent a company from continuing to collect debts that result from identity theft; and

• place an extended fraud alert on a credit report.

The OAG identity theft Web site, www.texasfightsidtheft.gov contains a wealth of helpful information for identity theft victims, including an Identity Theft Kit. Information at www.texasfightsidtheft.gov will help stop a perpetrator from continuing to use a stolen identity and help a victim recover from the effects. The site explains how to report the crime, work with businesses, close fraudulent accounts, and place a security alert and/or freeze on a credit report.

For more information about how to recover from identity theft and steps Texans can take to protect their personal information, visit www.protectyouridnow.org or www.texasfightsidtheft.gov.

Other Resources:

Office of Attorney General

(800) 621-0508

Federal Trade Commission

Identity Theft Hotline: (877) ID-THEFT (438-4338)

TTY: (866) 653-4261

FTC Identity Theft Clearinghouse

600 Pennsylvania Avenue, NW

Washington, DC 20580

www.ftc.gov

www.consumer.gov

Consumer Credit Reporting Companies

Equifax: (800) 525-6285

Experian: (888) EXPERIAN (397-3742)

TransUnion: (800) 680-7289

Better Business Bureau

www.bbb.org

Index of Law for the Layman  for the past 6 months

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