Terms Used In Texas Estates Code Chapter 1105 - Qualification of Guardians

• Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
• Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
• Alcoholic beverage: has the meaning assigned by § 1. See Texas Penal Code 1.07
• Another: means a person other than the actor. See Texas Penal Code 1.07
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
• Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
• Child: includes an adopted child, regardless of whether the adoption occurred through:
  (1) an existing or former statutory procedure; or
  (2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
• Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
• Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
• Controlled substance: has the meaning assigned by § 481. See Texas Penal Code 1.07
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous drug: has the meaning assigned by § 483. See Texas Penal Code 1.07
• Deadly weapon: means :
  (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
  (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07
• Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
• Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
• Donor: The person who makes a gift.
• Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
• Fiduciary: A trustee, executor, or administrator.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Government: means :
  (A) the state;
  (B) a county, municipality, or political subdivision of the state; or
  (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
• Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
• Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
• lien: include :
  (1) a deed of trust;
  (2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
  (3) a chattel mortgage;
  (4) a judgment; and
  (5) a pledge by hypothecation. See Texas Estates Code 22.024
• Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Agriculture Code 1.003
• Minor: means a person younger than 18 years of age who:
  (1) has never been married; and
  (2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022
• Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
• Month: means a calendar month. See Texas Government Code 312.011
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Texas Government Code 311.005
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
• Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
• person interested: means :
  (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
  (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018
• Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public place: means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. See Texas Penal Code 1.07
• Qualified delivery method: means delivery by:
  (1) hand delivery by courier, with courier's proof of delivery receipt;
  (2) certified or registered mail, return receipt requested, with return receipt; or
  (3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295
• Real property: includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. See Texas Estates Code 22.030
• Rule: includes regulation. See Texas Government Code 311.005
• Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07
• Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
• Subpoena: A command to a witness to appear and give testimony.
• Succeeding: means immediately following. See Texas Government Code 312.011
• Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
• Swear: includes affirm. See Texas Government Code 311.005
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Penal Code 1.07
• Venue: The geographical location in which a case is tried.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means 12 consecutive months. See Texas Government Code 311.005