When persons in Texas become 18, they have the rights and responsibilities of an adult. Take this test to see how much you know about the legal rights and duties of adult Texans. There are ten questions. All of the questions can be answered by choosing “Yes” or “No.”:

Questions:

1. Tex has graduated from high school and just started his first full time job. He wants to buy a stereo on credit. Can the installment sales contract say that if Tex doesn’t make his payments, Tex agrees to have the payments deducted from his paycheck?
   Yes or No?



2. Tex spends the weekend setting up his stereo. On Monday, he walks in the office and his boss fires him. Tex asks for a reason, and his boss replies, “Just because.” Can his boss legally do that?
   Yes or No?



3. Tex drives to his girlfriend’s apartment, and drinks a few beers while telling his girlfriend, TexAnn, about his job loss. Then he heads home. On the way, he is stopped by the police, who arrest him and test his breath for alcohol. Tex’s test measures .08 alcohol concentration. Can Tex be charged with driving while intoxicated?
   Yes or No?



4. When Tex finally gets back to his apartment, he finds a notice on his front door which says his apartment building has sold and is going to be torn down to make way for a parking lot. Tex must move out in 45 days. Tex is surprised. He doesn’t have a written lease, but his landlord told Tex when he moved in that Tex could stay as long as he wanted, just as long as Tex paid his monthly rent on time. Can the landlord make Tex move out in 45 days?
   Yes or No?



5. Tex goes over to his parents’ house and asks them if he can move back home. Tex promises to help with the housework and the lawn. They agree to let him come home temporarily, but warn him that they reserve the right to change their minds at any time. Tex moves home. He devotes himself to housekeeping and yard care. The place has never been cleaner or better kept. However, one day his mom and dad come home, say Tex plays his stereo too loud, and tell Tex to move out. Can his mom and dad do that?
   Yes or No?



6. Tex tells his troubles to his girlfriend, TexAnn, who suggests they can live together if they are married. But, she wants to have a big, formal, church wedding in June, which is five months away. Meanwhile, she believes they can have an “informal” but legal marriage if they agree to be married, live together, and tell other people they are married. Is she right?
   Yes or No?



7. Suddenly, the doorbell rings. A traveling sales representative of XYZ Jewelry Corporation stands outside. Thinking the sudden appearance of a salesman selling wedding rings must be a sign from heaven, the couple selects a lovely and expensive set of rings from the catalogue. They tell the salesman they have just agreed to be married and sign the contract as husband and wife. The contract states they will pay for the rings when they are delivered. After the salesman leaves, Tex says, “You know, my grandparents willed me their wedding rings when they died, and I’d rather use them than the ones we ordered. Why don’t we write XYZ Jewelry Corporation tomorrow and tell them the deal is off.” Can they cancel the contract once they’ve signed it?
   Yes or No?



8. As Tex goes to his parents’ house to pick up his belongings, Tex stops off at the convenience store and buys a lottery ticket. He arrives at his parents’ house, and begins packing his stereo. He watches the news as he packs. At the end of the news program, the lottery drawing is held. Tex has won eight million dollars! He calls TexAnn to tell her the wonderful news. TexAnn exclaims, “I can’t believe I got married and became a millionaire all in one night!” Is she correct?
   Yes or No?



9. Tex throws his clothes and stereo into his car, and drives towards TexAnn’s apartment to celebrate the evening’s events. As he approaches a red light, he stops. Unfortunately, the car behind him does not stop in time, and Tex’s car is rear-ended. No one is hurt, but Tex’s car is badly dented and his stereo, which was in the trunk, is demolished. The other driver has no insurance and no money to pay for car repair and the stereo. Tex has liability automobile insurance. Is Tex’s insurance company obligated to pay for the stereo?
   Yes or No?



10. Tex makes a final stop at the all night grocery to buy TexAnn flowers for their wedding night. At the checkout stand, he runs into his old boss. They chat, and Tex tells his boss about his lottery success. His boss says, “ You know, Tex, a few of my friends are coming over to my house tomorrow for a little friendly game of poker. Why don’t you join us?” Tex replies, “No way. I don’t want to get arrested for gambling.” Is the friendly poker game illegal gambling under Texas law?
    Yes or No?

Answers:

1. No.
   The Texas Consumer Credit Code prohibits a retail installment contract or charge agreement in Texas which includes an assignment of wages.



2. Yes.
   Generally, Texas is an “employment at will” state. So, an employer can fire an employee at any time for any reason or even for no reason. There are exceptions, however. For example, an employer may not fire or discriminate against someone based on race, sex, color, religion, national origin, or handicap. Texas law also limits the employer’s right to fire an employee because of active military duty, union activity, wage garnishment for child support, jury service, or filing a worker’s compensation claim. Finally, a company may have a policy which states employees can only be fired for violation of work rules or poor performance. But the majority of employers reserve the right to hire and fire workers at will.



3. Yes.
   In 1995, the Texas Legislature passed a law which creates a separate class of drivers under 21 years of age who are suspected of driving while intoxicated. The law provides that if the amount of alcohol in a person’s blood a the time he or she was driving is .08 percent by weight, it shall be presumed that the person was intoxicated. For persons over 21 years of age, the “presumption amount” is .10 percent, a higher amount.



4. Yes.
   Since Tex does not have a written lease, the law views the agreement between Tex and his landlord as a periodic tenancy. A lease agreement for an indefinite period of time creates a periodic tenancy from month to month. Either party can end the lease agreement by giving the other party one month’s notice. Here, the landlord has given Tex 45 days notice, 15 days more than the law requires.



5. Yes.
   According to the Texas Family Code, a parent in Texas has the duty to support his or her children, including providing the child with clothing, food, shelter, medical and dental care, and education. However, the Code defines a “child” as a person under 18 years of age who is not and has not been married or otherwise been given the rights of an adult. Also, 18 year olds who turn 18 during the school year have a right to parental support until the end of the school year. A child support order from a Court can also require a parent to support a child who is over 18 years of age. But these situations do not apply to Tex. As an adult, his parents do not have a duty to provide Tex with a place to stay.



6. Yes.
   Such marriages are known as “common law” or informal marriages. A couple can voluntarily enter into an informal marriage two ways under the Texas Family Code. They can execute a declaration of marriage form provided by the County Clerk where they reside. They can also agree to be married, and after the agreement, live together in Texas as husband and wife and represent to others that they are married.



7. Yes.
   Both Federal and State law require a contract involving a door-to door sale to tell the buyer he or she has three business days to cancel the contract. The notice of right to cancel must be written in Bold Face type. The notice tells how to cancel the contract and how to return any delivered goods at no cost to the buyer. The seller must “undo” the deal within 10 days. These laws were written to protect consumers. Since Tex and TexAnn do not have the rings yet, all they must do is send a letter or telegram canceling the contract to the seller within 3 business days.



8. No.
   Tex and TexAnn must either (1) file a statement declaring their marriage with the County Clerk or (2) agree to be married, live together as husband and wife, and tell others they are married. Tex and TexAnn have agreed to be married and they told the XYZ Jewelry Corporation salesman they were married, but they have not lived together yet. Under the law, the lottery winnings belong to Tex only.



9. No.
   Liability insurance covers damage to property or injury to other persons caused by an insured driver. Tex’s liability insurance will not pay for damage to Tex’s car and stereo. Under Texas law, drivers must maintain a liability insurance policy. Since the other driver is at fault and has no insurance, the other driver is in violation of the Texas Safety Responsibility Act and can lose his driving privileges until he pays for Tex’s damages or signs an installment agreement agreeing to make regular payments until the full amount owed to Tex is paid. Also, any driver who cannot furnish proof of financial responsibility to a law enforcement officer who requests it is subject to a fine of at least $175.00.



10. No.
    The Texas Penal Code provides a defense to prosecution for gambling if (1) the game is conducted in a private place, (2) no person receives any economic benefit other than personal winnings, and (3) except for the advantage of skill or luck, the risks of losing and the chances of winning are the same for all players.