Find Texas Law
This page provides a brief introduction about how to find Texas law. We attempt in this page to answer some basic questions about what the law is (and isn’t) and how to find those laws in general.
What is the Law?
Many bodies have the power to make laws. Thus, a legislature makes law when it enacts a statute. An appellate court makes law when it issues an opinion. An administrative agency makes law when it issues a regulation. There are several other examples as well.
Lawyers refer to “the law” as primary authority. The significance of these term in the context of legal research is that primary authority is binding. In other words, primary authority dictates what the law is rather than merely explains what the law is.
Examples of primary authority in Texas would include the following:
- A statute enacted by the Texas Legislature.
- A opinion in a case reviewed by the Texas Supreme Court.
- A administrative rule issued by a Texas agency.
- A rule of civil procedure dictates a procedure that a Texas court must follow in a trial.
Not all statements issued by governmental bodies constitute primary authority. Likewise, many statements made by government officials do not constitute the law at all. Thus, the Governor of Texas might state what the law should be, but this statement does not by itself constitute law.
What Sources are Most Helpful in Finding the Law?
Some sources are quite basic, while others are very complex and difficult to understand. Many authors write their materials for lawyers and expect their readers to be able to understand legal concepts. Non-lawyers may have some difficulty reading these types of sources.
Secondary sources may also appear in as form books. Although some form books provide fill-in-the-blank documents, others provide only templates of documents.
Other examples of secondary sources include the following:
- Encyclopedias
- Dictionaries
- Books
- Articles
- Finding Tools
What Should You Not Expect to Find?
Are Online Resources Helpful?
However, be wary of other private sites. Some provide accurate information, but others provide incorrect or outdated information.
What is the Difference Between State vs. Federal Law?
What is a Statute?
A statute is an enactment of a legislative body. These laws are organized by subject matter, usually in the form of a code.
Federal statutes are contained in the United States Code. This is available in nearly all law libraries and on several websites.
Texas statutes are generally organized into various subject-matter codes, such as the Family Code and the Government Code. The Texas Legislature’s website provides the text of these statutes, though at times the Legislature’s site is not entirely current. Many libraries contain Texas statutes in print, however.
How Do I Find a Case?
A fairly common misconception about finding the law is that researchers read trial transcripts and other documents produced at the trial court. Though law libraries might have some information about trials and trial records, case law contained in law libraries appears in the form of appellate opinions.
Case opinions may interpret other laws, such a statutes, or they may focus on other prior opinions. Finding cases that apply to a particular problem can be a daunting task because a large number of courts may have addressed a particular issue.
The opinions themselves are organized chronologically in various case reporters. Some of these reporters are available online for free, but most are only available in print or through an online subscription.
Summaries of opinions are found in case digests, which are available in many law libraries.
What Are Rules of Court?
Rules of court dictate the procedures that courts and parties must follow at trial. Examples of such rules include the Texas Rules of Civil Procedure, Texas Rules of Criminal Procedure, Texas Rules of Appellate Procedure, and Texas Rules of Evidence.
Local rules and standing orders also apply to individuals courts.
What Are Administrative Rules?
Administrative agencies have some power to draft rules (also known as regulations) that are similar to statutes. Administrative rules often focus on specialized or technical areas of law, such as environmental law.
Administrative rules are organized and published separately from statutes.
What Is Constitutional Law?
A constitution gives power to the government and also limits exercise of that power. Text of the Constitution is subject to interpretation by the courts. Thus, someone researching constitutional law must not only find the text within the constitution but must also find cases that interpret the constitution.
The text of the United States Constitution seldom changes and is available on many websites. Conversely, the text of the Texas Constitution changes frequently, and researchers should be sure to verify that that language of a constitutional provision has not changed during a recent legislative session.
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