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Special Districts And Authorities

Summaries

KP-0002
Ken Paxton

Terms of office of hospital district directors, determining when two directors receive the same number of votes

KP-0006
Ken Paxton

Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners|Housing authority, municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners|Housing Authorities - Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissioners

KP-0023
Ken Paxton

A person may not serve as a member of the board of trustees of the La Vernia Independent School District while simultaneously serving as a member of the board of the Wilson County Memorial Hospital District.

KP-0029
Ken Paxton

The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District.|Whether a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is a "governmental body" subject to the Public Information Act requires the resolution of certain fact issues and is thus beyond the purview of an attorney general opinion.|To the extent a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is not delegated any governmental authority, it is likely not a "governmental body" for purposes of the Open Meetings Act and thus is not subject to its provisions.|To the extent a physician group formed pursuant to subsection 281.0565(b) of the Health and Safety Code is not delegated any governmental authority, it is likely not a "governmental body" for purposes of the Open Meetings Act and thus is not subject to its provisions|The Tarrant County Hospital District is authorized to create and fund a physician group under subsection 281.0565(b) of the Health and Safety Code if it reasonably determines in good faith that the expenditure will serve a public purpose and it put sufficient controls in place to ensure that the public purpose is carried out and that the District receives a return benefit.|The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District

KP-0039
Ken Paxton

Maintenance and operation tax under section Water Code section 63.282, necessity of voter approval of

KP-0062
Ken Paxton

Maverick County Hospital District - It is likely that a court would conclude that the position of vice chairperson on the board of the Maverick County Hospital District is valid.

KP-0065
Ken Paxton

"Site improvement" under Local Government Code subsection 501.103(1) should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.|Under Local Government Code subsection 501.103(1), "site improvement" should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.

KP-0077
Ken Paxton

Transportation Code section 223.242 - the Department of Transportation may enter into a design-build contract for a highway project with a construction cost estimate of $150 million or more pursuant to section 223.242, Transportation Code|A river authority is not authorized by chapter 25 of the Parks and Wildlife Code to adopt regulations that prohibit the open carry of handguns on river authority parklands.

KP-0084
Ken Paxton

There is no relevant statutory provision authorizing the Emergency Services District #7, the East Montgomery County Improvement District, or the Economic Development Zone #4 to retroactively exclude from the May 2015 election territory, with a tax rate that when combined with the increased tax rate from the election, exceeds the two percent statutory cap on sales and use tax rates.|Emergency Services Districts are authorized to conduct a future election to, upon approval of its voters, abolish its sales and use tax or change the rate of a sales and use tax.|Texas Comptroller is without authority to selectively collect the sales tax approved in an election held under section 775.0751, Health and Safety Code, in only the territory in which the combined sales tax does not exceed the cap.

KP-0110
Ken Paxton

Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement district

KP-0117
Ken Paxton

North Texas Municipal Water District, a court would likely conclude that member cities of the District have implied authority to fill a vacancy occurring on the District's board of directors prior to the end of a director's term to the extent that doing so is necessary to maintain the position filled|North Texas Municipal Water District, if a sitting director is able to serve until his successor is appointed and qualified, we find no authority from which could be implied the power of a member city to remove a District director, with or without cause, prior to the end of the director's term

KP-0125
Ken Paxton

An individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and the library district have taxation authority in overlapping territories|Forest Hill library district trustee may not simultaneously serve as Forest Hill city council member when the city and the library district have taxation authority in overlapping territories|Individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and library district have overlapping taxation authority|Because the City of Forest Hill and the Forest Hill Library District have overlapping taxation authority, an individual may not simultaneously serve as city council member and library district trustee|Forest Hill Library District and City of Forest Hill have overlapping taxation authority; thus, an individual may not simultaneously serve as city council member and library district trustee|In qualifying for the second office of library district trustee, the individual effectively resigned from the office of city council

KP-0147
Ken Paxton

Subsection 11.13(l)(2)(B), Tax Code - A court would likely construe to refer to an owner's temporary residence in an establishment set up to assist persons with overcoming illness or injury, or with needs related to physical or mental weakness or growing old, through a wide range of activities, regardless of whether the owner receives such services

KP-0169
Ken Paxton

Surplus funds may not be used by Wells Branch Municipal Utility District to repair or replace residential cluster-type mailbox facilities

KP-0175
Ken Paxton

Tax appraisal district lacks authority to alter boundary lines or detach and annex property from school district|Procedures for detaching and annexing territory, or establishing or altering school district boundary lines

KP-0178
Ken Paxton

Authority of public utility agency to contract with private entities seeking water services|Authority of a public utility agency to impose impervious cover limits on private entities involves fact questions beyond scope of attorney general opinion|Public utility agency

KP-0209
Ken Paxton

Enforceability of a right of reverter in a deed that conveys a fee simple determinable interest to a college|Enforceability of right of reverter in economic development corporation's deed of a fee simple determinable interest to an agency of the State|Enforceability of economic development corporation's right of reverter in a deed conveying a fee simple determinable to an agency of the State

KP-0216
Ken Paxton

Historic or existing use permits - scope of authority of groundwater conservation districts concerning such permits in specific circumstances

KP-0217
Ken Paxton

Temporary directors - authority to cancel confirmation and candidate election|Temporary directors - scope of authority in absence of confirmation and candidate election|Appointing official's authority to withdraw appointment of temporary director

KP-0223
Ken Paxton

Appointment of municipal waterworks system employee as municipal housing authority commissioner|Employee|Employ

KP-0227
Ken Paxton

Legislator barred by article XVI, section 40(d) from also serving as employee of municipal management district|Legislator barred by Texas Constitution article XVI, section 40(d) from also serving as employee of municipal management district|Independent contractor working for political subdivision is not "position of profit" within article XVI, section 40(d)|Independent contractor working for political subdivision does not hold "position of profit" within Texas Constitution article XVI, section 40(d)|Legislator barred from also serving as employee of municipal management district|Article XVI, section 40(d) prohibits Legislator from also serving as employee of municipal management district

GA-0001
Greg Abbott

Multi-county groundwater conservation district, effect of elections held in fewer than all counties of

GA-0032
Greg Abbott

Trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authority|College district trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authority

GA-0072
Greg Abbott

Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadline|"Public water supply well" exemption, application of exemption to well drilled and capped but not put into production until after statutory deadline

GA-0077
Greg Abbott

Water control and improvement district, director of, prohibited from serving as district employee in any capacity other than that of general manager|Common-law incompatibility prohibits director of water control and improvement district from serving as district employee in any capacity other than that of general manager

GA-0079
Greg Abbott

State agency, whether a river authority constitutes|River authority, status as a state agency

GA-0082
Greg Abbott

Fees for inspecting installation and relocation of bus stops, home-rule city may not impose|Fees for inspecting installation and relocation of bus stops, home-rule city may not impose

GA-0091
Greg Abbott

Improvements, distinguishing from repairs for purposes of limit on value of senior's residence homestead for school-district taxation|Improvements, for purposes of cap on residence homestead's appraised value repairs made after natural disaster are and are not "ordinary maintenance"|Ordinary maintenance|Repair|Improvement|Improvements and repairs to residence homestead after natural disaster, valuing for purposes of statute limiting tax a school district may collect from senior and of statute capping appraised value|Residence homestead of senior, valuation may be increased to reflect value of improvements made following a natural disaster that damaged home; distinguishing between repairs and improvements

GA-0098
Greg Abbott

Informational meeting consisting only of invitees, Sulphur Basin River Authority may hold where quorum of Authority board is present

GA-0102
Greg Abbott

Applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on|Credentialing, a hospital district board may delegate the credentialing of its allied health professionals such as advanced practice nurses, physicians assistants, and perfusionists or autotransfusionists|Credentialing, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action on applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists|Credentialing of its allied health professionals such as advance practice nurses, physicians assistants, and perfusionists or autotransfusionists, hospital district board may delegate the

GA-0150
Greg Abbott

Montgomery County Town Improvement District lacks authority to contract with city to provide general law enforcement services outside the city's jurisdiction|Improvement district that lacks law enforcement authority may not contract with a city for peace officers to provide general law enforcement services in the district on the district's behalf

GA-0151
Greg Abbott

Conservation and reclamation district operating under chapters 49 and 65 of the Water Code, person who purchases water from but who resides outside district's boundaries is ineligible to vote in election

GA-0152
Greg Abbott

Open meeting notices, county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to receive and post|Open meetings notices, county clerk may not charge a fee to governmental bodies to retain|Open meetings notices, county clerk is authorized to charge a reasonable fee a water district or other district or political subdivision to receive and post|Open meetings notices, county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to receive and post

GA-0169
Greg Abbott

Tax increment reinvestment zone, council member of creating city not barred from simultaneous service on board of|Council member of creating city not barred from simultaneous service on board of tax increment reinvestment zone|Officials

GA-0187
Greg Abbott

Continuous employment in the general nepotism statute, Government Code chapter 573, does not apply to a relationship prohibited by Tax Code section 6.05(f), which precludes a chief appraiser from employing the close relative of an appraisal district direc|Appraisal district nepotism prohibition, the continuous employment in the general nepotism statute, Government Code chapter 573, does not apply to a relationship prohibited by Tax Code section 6.05(f), which precludes a chief appraiser from employing the |Nepotism provision prohibiting a chief appraiser from employing the close relative of an appraisal district director, the continuous employment in the general nepotism statute, Government Code chapter 573, does not apply

GA-0188
Greg Abbott

Self-insurance, authority of hospital district to provide funds for self-insurance to charitable organization created on district's behalf|Self-insurance, whether a hospital district may provide funds for self-insurance to charitable organization created on district's behalf

GA-0196
Greg Abbott

Electronically readable driver's license information, private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the infor|Electronically readable driver's license information, a private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the inf

GA-0198
Greg Abbott

Insurance, a hospital district or the private entity that contracts with a district to provide indigent health care may not require an uninsured applicant, as a prerequisite to receiving the care, to obtain|Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care|Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the care because to do so would be stricter than the Depart

GA-0219
Greg Abbott

Undocumented persons, section 285.201 of the Health and Safety Code permits, but not require, a hospital district to provide nonemergency public health services to undocumented persons who are otherwise ineligible for those benefits under federal law|Nonemergency public health care services, section 285.201 permits, but does not require, hospital districts to provide to undocumented persons otherwise ineligible for those benefits under federal law|Eligibility

GA-0242
Greg Abbott

Election to confirm district's creation may not also authorize levy of sales and use tax|Election to confirm district's creation must authorize levy of an ad valorem tax at any rate not to exceed the maximum rate allowed by Texas Constitution article III, section 48-e|Sales and use tax, district board, not commissioners court, may call election to authorize|Sales and use tax; levy by county for health services|Sales and use tax; levy by Emergency Services District

GA-0250
Greg Abbott

Sabine River Authority Director, a director of the Authority holds a civil office of emolument regardless of whether that director accepts the compensation attached to the office|County Clerk, county clerk may serve simultaneously as a director of the Sabine River Authority pursuant to Government Code section 574.005|Director of Sabine River Authority, a director of the Authority holds a civil office of emolument regardless of whether that director accepts the compensation attached to the office

GA-0262
Greg Abbott

Budget for the district, the creating political subdivision cannot adopt without district participation and approval|Funds must be deposited in a special account in the creating political subdivision's depository|Special account

GA-0268
Greg Abbott

Eminent domain, a municipal management district has the power of only if conferred expressly or by necessary implication|Legitimate public purpose, a municipal management district with the power of eminent domain may use the power to acquire property only for a use consistent with the district's|Municipal management districts have power of eminent domain only if conferred expressly or by necessary implication|Statutory construction, the power of eminent domain must be conferred expressly or by necessary implication

GA-0283
Greg Abbott

Overlapping appraisal districts must enter in the appraisal records the lowest value, appraised and market, for property in their shared jurisdictions|Property in overlapping appraisal districts, chief appraisers in the districts must enter the lowest appraised and market value for|Or

GA-0284
Greg Abbott

Compensation|Political subdivision of the state, a navigation district is|Retirement and medical benefits for navigation district commissioners and their dependents, the authority to determine whether the district will provide lies with the district board|Navigation district commissioners' compensation, a commissioners court's authority to set does not include authority to determine whether the navigation district may provide the district commissioners with retirement and medical benefits

GA-0307
Greg Abbott

Improvement district, school trustee may not serve as director of, when geographical boundaries overlap|School district, director of improvement district with boundaries overlapping, may not serve as trustee of

GA-0311
Greg Abbott

Appraisal protest hearings, an appraisal review board that has not received a written notice of protest for the property may not preschedule a hearing on the property’s appraisal

GA-0334
Greg Abbott

Further participation in a matter, whether prohibition on bars interested public officer from attending executive session relating to matter|Participation|Adverse Party|Criminal provisions, notice of prohibited conduct in and applicable rules of construction|Litigation|"Litigation" within Open Meetings Act includes contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District|Contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District is "litigation" within Open Meetings Act

GA-0337
Greg Abbott

Bandera County River Authority and Groundwater District board of directors' interests in certain businesses, whether Local Government Code chapter 171 requires disclosure of and whether Water Code section 49.052 may disqualify them from serving

GA-0353
Greg Abbott

Operating funds for indigent medical care services, county must transfer to newly created hospital district|Where newly created hospital district does not comprise the entire county and where the statute does not provide formula by which to apportion operating funds for indigent medical care services between county and newly created hospital district, determination of method of allocation lies with the discretion of the commissioners court, subject to judicial review|Discretion

GA-0355
Greg Abbott

Directors of water district who have not yet taken oath of office do not count for purpose of determining presence of quorum in public meeting|Public meeting, directors of water district who have not yet taken oath of office do not count for purpose of determining presence of quorum in public meeting

GA-0371
Greg Abbott

Conveyance by private sale, section 49.226 of the Water Code authorizes a river authority to sell surplus land by private sale, providing an exception to the public sale requirements generally applicable to political subdivisions|Land conveyance by private sale, section 49.226 of the Water Code authorizes a river authority to sell surplus land by private sale, providing an exception to the public sale requirements generally applicable to political subdivisions

GA-0373
Greg Abbott

Amendment of Tax Code section 31.05(a), prior to amendment an independent school district could not adopt an early payment discount when the district did not collect its own taxes and had contracted for the county appraisal district to collect school district taxes|Early payment discount, an independent school district may offer such a discount regardless of the entity that collects its taxes beginning with the 2005 tax year for some districts and the 2006 tax year for others

GA-0392
Greg Abbott

Directors of Bandera County River Authority and Groundwater District, qualifications for election found in Election Code|Bandera County River Authority and Groundwater District, qualifications for election of directors|Groundwater conservation distrct

GA-0412
Greg Abbott

Robert's Rules of Order provides that a majority vote is cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting at which a quorum is present|Harris County Hospital District Board of Managers, voting procedures pursuant to Robert's Rules of Order|Majority vote per Robert's Rules of Order

GA-0428
Greg Abbott

Municipal utility district board, part-time community college instructor may be compensated for service as member of|Part-time community college instructor may be compensated for service as member of board of municipal utility district

GA-0435
Greg Abbott

Reserve peace officer employed by a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff or constable may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a navigation district may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security Board|Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Board

GA-0451
Greg Abbott

Dissolution, Lake LBJ Municipal Utility District No. 2

GA-0467
Greg Abbott

Long-term health care facility, East Coke County Hospital District has authority to operate and levy taxes to maintain and operate|East Coke County Hospital District has authority to operate a long-term health care facility and to levy taxes to maintain and operate it

GA-0472
Greg Abbott

Hospital district, ambulance service, whether required to provide|Hospital district, physician contract|Ambulance service, whether required to provide|Physician contract|Hospital district, physician services contract|Closed meeting, attorney exception|Closed meeting, economic development exception|Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to

GA-0498
Greg Abbott

Edwards Aquifer Authority's power to reduce withdrawal amounts listed in permits issued to irrigation users and to persons who have operated wells for three or more years during the statutory historical period|Edwards Aquifer Authority's power to reduce withdrawal amounts listed in permits issued to irrigation users and to persons who have operated wells for three or more years during the statutory historical period\r\n

GA-0538
Greg Abbott

Governing board of metropolitan transit authority, member of not barred from simultaneously serving as acting city manager for city within authority’s jurisdiction\r\n|Common-law doctrine of incompatibility does not bar member of governing board of metropolitan transit authority from simultaneously serving as acting city manager for city within \r\nauthority’s jurisdiction\r\n

GA-0539
Greg Abbott

Navigation district’s authority to adopt a property tax freeze for persons with disabilities or persons sixty-five years of age or older\r\n|Authority to adopt a property tax freeze for persons with disabilities or persons sixty-five years of age or older\r\n |Property tax freeze for persons with disabilities or persons sixty-five years of age or older, navigation district’s authority to adopt\r\n\r\n|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, navigation district's authority to adopt

GA-0540
Greg Abbott

Constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of groundwater conservation district\r\n|Groundwater conservation district, constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of\r\n

GA-0546
Greg Abbott

Private imaging business, authority to house and manage|Private imaging business, hospital district's authority to house and manage

GA-0556
Greg Abbott

Appraisal district's in-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is prohibited ex parte communication|Appraisal district's in-house counsel, whether the same person can also alvise the appraisal review board for that district|In-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is a prohibited ex parte communication|In-house counsel, whether the same attorney may also advise the appriasal review board for that district|Ex parte communications

GA-0590
Greg Abbott

District's authority or mechanism to fund pending out-of-county litigation, statutory changes to section 6.02 of the Tax Code which provides that appraisal district boundaries are the same as county boundaries do not abrogate

GA-0599
Greg Abbott

Brazos River Authority, authority to offer lessees over 65 years of age lease rate discounts and rate freezes under general leasing authority and article III, section 52(a) of Texas Constitution

GA-0601
Greg Abbott

County funds, authority to fund water district|Water district, authority to fund |Fox Crossing Water District, Mills County's authority to fund

GA-0621
Greg Abbott

Dissolution, an airport authority may not dissolve without legal authority|Dissolved, an airport authority is not dissolved because of nonuse of functions or failure to appoint board of directors|Board members, time within which members must be appointed|Governance, continued operation of airport by joint board after creation of airport authority

GA-0627
Greg Abbott

Contract with an appraisal company that employs the chief appraiser’s son, whether the chief appraiser is disqualified on the basis of under Tax Code section 6.035(a) or whether such a contract is prohibited under Tax Code section 6.05(g)\r\n|Individual

GA-0631
Greg Abbott

Extended boundaries by operation of section \r\n6.02(b) of Tax Code, appraisal district retains authority to hear and determine pending corrective motions and taxpayer protests concerning property that relate to the 2007 or prior tax year in its |Code Construction Act’s general savings clause for appraisal districts with overlapping territory and tax years prior to 2008, operation of former section 6.025 of Tax Code is preserved by the|Corrective motions and taxpayer protests filed within the applicable deadlines concerning the appraisal of property for a tax year prior to 2008, appraisal district operating in its extended boundaries under former section 6.02(b) retains authority to hear and determine

GA-0634
Greg Abbott

Water districts, valuation of real property offered for sale to lessee of property|Brazos River Authority, valuation of real property offered for sale to lessee of property|Fair market value

GA-0650
Greg Abbott

Lower Neches Valley Authority, directors of are not entitled to participate in Authority’s health care plan\r\n|Health care plan, directors of Lower Neches Valley Authority are not entitled to participate in Authority’s

GA-0653
Greg Abbott

Equal and uniform requirement, if its sales and use tax at different rates in different subregions falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable, Regional Transportation Authority’s sales and use tax levy does not violate|Regional Transportation Authority’s levy of sales and use tax at different rates in different subregions does not violate constitutional equal and uniform requirement if the tax falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable|Sales and use tax; levy by Regional Transportation Authority

GA-0672
Greg Abbott

Regulate structures on and near Cedar Bayou and within the District’s boundaries that may affect water transportation activities, that are incident to or accommodating of commerce or navigation, or that are incident to or necessary in the proper operation and development of ports and waterways, Cedar Bayou Navigation District’s authority to|Cedar Bayou Navigation District’s authority to regulate structures on and near Cedar Bayou and within the District’s boundaries that may affect water transportation activities, that are incident to or accommodating of commerce or navigation, or that are incident to or necessary in the proper operation and development of ports and waterways|Accommodating|Incident to

GA-0681
Greg Abbott

Office must be physically located within the county for which the district is established unless it is a branch office or the appraisal district has entered an interlocal contract with another appraisal district|Appraisal district office must be physically located within the county for which the district is established unless it is a branch office or the appraisal district has entered an interlocal contract with another appraisal district

GA-0699
Greg Abbott

Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted

GA-0708
Greg Abbott

Edwards Aquifer Authority, rule-making powers, authority to promulgate a rule prohibiting the granting of permits and contracts to recharge facilities built before September 1, 1993; authority to specify an action that constitutes an "unreasonable denial"

GA-0721
Greg Abbott

Hospital district’s authority to contribute funds to city for a building to house emergency medical services vehicle|Building to house emergency medical services vehicle, hospital district’s authority to contribute funds to city for a|Hospital district’s authority to contribute funds to city for building to house emergency medical services vehicle

GA-0740
Greg Abbott

Referendum and initiative, authority of residents of appraisal district to petition to conduct appraisals no more often than once every three years|Frequency of appraisals

GA-0756
Greg Abbott

Application for place on Logan Slough Creek Improvement District, governed by the Election Code\r\n\r\nNotice of election for Logan Slough Creek Improvement District, governed by District’s legislation|Election Code, to the extent any provision governing the Logan Slough Creek Improvement District’s elections conflicts with the Election Code and does not provide otherwise, the provision in the District’s legislation is superseded by the|Logan Slough Creek Improvement District is subject to the Open Meetings Act|Logan Slough Creek Improvement District is subject to the Public Information Act|Property ownership requirement as qualification to serve as member of the board of directors|Governance of the Logan Slough Creek Improvement District|Taxable property in the district

GA-0757
Greg Abbott

Services of county clerk in mental health matters, Titus Regional Medical Center which is operated by the hospital district is exempt from paying application fee under section 118.055 of Local Government Code for|Application fee under section 118.055 of Local Government Code, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying fee in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters

GA-0758
Greg Abbott

Statute creating water authority that allowed authority to adopt laws applicable to general-law cities, to extent practicable, did not trump section 49.107(g) of the Water Code, prohibiting the application of sections 26.04, 26.05, and 26.07 of Tax Code to the water authority's calculation and adoption of operations and maintenance tax

GA-0786
Greg Abbott

Dual office holding by individual simultaneously serving as member of the board of directors of the Agua Special Utility District and as a member of the board of trustees of South Texas College|Directors of the Agua Special Utility District serving as a trustee of South Texas College

GA-0790
Greg Abbott

Taxpayer account, the chief appraiser determines whether land and improvements are combined into a single taxpayer account|Rendition, a property owner who renders land and improvements separately is not entitled, as a matter of law, to have the land and improvements organized into separate taxpayer accounts

GA-0792
Greg Abbott

Subject to constitutional restrictions, real property is generally located in districts created by special law rather than in districts to which the real property was previously annexed

GA-0795
Greg Abbott

Water districts, jurisdiction over land annexed by two districts|Jurisdiction over land that is annexed by two districts

GA-0796
Greg Abbott

Voting on a rule, whether chapter 171 of the Local Government Code required two board members of a groundwater conservation district to disclose their interests and abstain from voting on a district rule

GA-0798
Greg Abbott

Hospital district that has not adopted a rate or levied a tax in the prior year, Tax Code does not provide a special method for a tax rate to be adopted by such a district

GA-0821
Greg Abbott

Impact fees, Local Government Code section 395 does not give a political subdivision or governmental entity, other than school districts, discretion to not pay required fees

GA-0827
Greg Abbott

Chief appraiser, initial determination about eligibility of tax exemptions rests with|Tax exempt property, tax exempt status of leasehold interest in

GA-0836
Greg Abbott

City withdrawing from regional transportation authority, a metropolitan planning organization’s policy body does not have authority under chapter 452, Transportation Code, to close a transit station in|Existing contracts or agreements governing funding pertaining to the station, any right in the RTC to seek repayment from the City of federal funds expended in relation to the transit station would be determined under|Regional transportation authority, a metropolitan planning organization’s policy body does not have authority, under chapter 452, Transportation Code, to close a transit station in city withdrawing from

GA-0841
Greg Abbott

Compensated, part-time, municipal judge, article XVI, section 40 of Texas Constitution prohibits a commissioner of a drainage district from simultaneously serving as a|Texas Constitution, article XVI, section 40, prohibits a compensated, part-time, municipal judge from simultaneously serving as a commissioner of a drainage district|Commissioner of a drainage district, article XVI, section 40 of Texas Constitution prohibits a compensated, part-time, municipal judge from simultaneously serving as a

GA-0843
Greg Abbott

Sandy Land Underground Water Conservation District may transfer certain assets to individuals or other entities only in accordance with three-pronged constitutional test designed to ensure that such transfer accomplishes a public purpose|Sandy Land Underground Water Conservation District has broad statutory authority to transfer certain assets to individuals or other entities

GA-0849
Greg Abbott

Position of general manager of a water district is not incompatible with the position of city manager|City manager of a home-rule city is not an officer within the common-law doctrine of incompatibility if he is subject to appointment and removal by city council|General manager of, not an officer|Conversion into a municipal utility district

GA-0883
Greg Abbott

Tax classifications based on land ownership in the original districts of a consolidated municipal utility district, a court could conclude that such classifications would not violate article VIII, section 1(a) of the Texas Constitution|Property annexed that was not part of the original district, a consolidated municipal utility district may levy a different debt service tax rate on|Debt service obligations on debt issued after district consolidation, under section 54.601of the Water Code the Legislature has authorized a consolidated municipal utility district to levy one tax rate on all property within the district to fund

GA-0885
Greg Abbott

Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility Authority

GA-0896
Greg Abbott

Electronic communications could, depending on the facts of a particular case, constitute a \\"meeting\\" for purposes of the Texas Open Meetings Act|Electronic communications could, depending on the facts of a particular case, constitute a \\"meeting\\" for purposes of the Texas Open Meetings Act.

GA-0904
Greg Abbott

Two enactments of the 82nd Legislature, House Bills 3109 and 2702, may be harmonized in such a manner that House Bill 3109 prevails and thus amends section 36.121, Water Code|House Bill 3109, an act of the 82nd Legislature, specifically declares that it prevails over any conflicting act of the same legislature, and thus prevails over House Bill 2702|House Bill 3109, an act of the 82nd Legislature, prevails over House Bill 2702, and thus amends section 36.121, Water Code

GA-0905
Greg Abbott

Authority of the Aransas County Navigation District to have, maintain, and finance park and recreational facilities

GA-0923
Greg Abbott

Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filed

GA-0925
Greg Abbott

Emergency services district in Navarro County, November 6, 2012 is the next available date to hold election to create|Next available date to hold election to create emergency services district in Navarro County is November 6, 2012

GA-0941
Greg Abbott

Commissioners court may appoint member to governing board of emergency services district on date prior to January 1 of the year the term of office begins

GA-0945
Greg Abbott

Sale and lease back of hospital facility, Hospital District’s authority to

GA-0959
Greg Abbott

Municipality may sell its utility system to a river authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government Code|River authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government Code; municipality may sell its utility system to a

GA-0961
Greg Abbott

Boundaries of another district, a conservation and reclamation district may generally conduct works within, except under certain circumstances

GA-0968
Greg Abbott

Contract with voters; representations and statements preceding an election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project|Contract with voters; representations and statements preceding election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project

GA-1011
Greg Abbott

Water control and improvement district authority to regulate weed control and illegal dumping|Authority of district to regulate weed control and illegal dumping

GA-1022
Greg Abbott

Pursuant to Health and Safety Code chapter 775, two emergency services districts may overlap in territory but may not provide duplicative services in any territory where they overlap

GA-1028
Greg Abbott

Job order contracting method of procurement, authority of Metropolitan Transit Authority of Harris County to use

GA-1036
Greg Abbott

Constable, Texas Constitution article XVI, section 40 prohibits county constable from simultaneously serving as commissioner of emergency services district|Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as a county constable and a commissioner of an emergency services district|Emergency services district, Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as commissioner of an emergency services district and a county constable

GA-1040
Greg Abbott

Tax Code subsection 6.06(j) requires that \\"payments made or due to be made by the taxing units\\" should be included in the excess-funds calculation and returned or credited back to the taxing units.|Tax Code section 6.06 permits amendments to the proposed budget of an appraisal district after the public hearing process and before final approval of the budget, and the fact that a particular line item is not \\"prepared in the proposed budget\\" by the deadline is not by itself fatal to the budget process.|Proposed salary increase that operates prospectively from the time of its proper authorization is likely not unconstitutional|An appraisal district\\'s participating taxing units may utilize Tax Code section 6.10 to disapprove the amendment of a budget by an appraisal district board.|An expenditure to which an appraisal district is bound is an expenditure that is obligated to be spent under Tax Code subsection 6.06(j).|obligated to be spent

GA-1049
Greg Abbott

Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a \\"groundwater right\\" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issue

GA-1050
Greg Abbott

Local Government Code section 505.152 - Court could conclude that funding for a private radio station\\'s building renovations and equipment upgrades is not of the same kind or class of project as those projects expressly authorized by section 505.152|Local Government Code section 505.152 - Court would likely conclude that funding for a city-owned pavilion is of the same kind or class of project as those projects expressly authorized by section 505.152

GA-1058
Greg Abbott

Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for attorney general opinion|Local Government Code, chapter 377 - Court likely to conclude that municipal development district may contract with private nonprofit corporation to operate civic center under chapter 377|Texas Constitution article III, section 52 - a grant of public funds by municipal development district deciding to contract with private entity to perform functions related to civic center under Local Government Code chapter 377 must satisfy requirements of article III, section 52|Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for an attorney general opinion

GA-1071
Greg Abbott

Charitable organization created under Health and Safety Code section 281.0565 as a \\"political corporation or subdivision\\" under Texas Constitution article III, section 52(a)|Any joint venture contemplated by a charitable organization created under Health and Safety Code section 281.0565 must strictly comply with Texas statutes

GA-1075
Greg Abbott

Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a) from serving the county in other official capacities|Maverick County Hospital District, board member of, whether simultaneous service as a commissioner of a housing authority is prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility where the two entities have contracted with each other, depends on whether holding both offices is detrimental to the public interest or whether the performance of the duties of one interferes with the performance of those of the other. Such a determination is a factual inquiry that cannot be resolved through the opinion process.|Maverick County Hospital District, board member of, not prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility from simultaneously serving as the Maverick County treasurer|Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a), from serving the county in other official capacities

GA-1080
Greg Abbott

Municipal drainage utility charge, school districts subject to

DM-0012
Dan Morales

General manager, director of Duval County Conservation and Reclamation District may serve as District's

DM-0017
Dan Morales

Closed meeting held by authority to review bids for proposed rail system, applicability of Open Meetings Act to (Overruled by Tex. Att'y Gen. Op. No. DM-191 (1992)) | Closed session to receive information from and ask questions of staff and companies responding to request for proposals for rail system, Houston Metropolitan Transit Authority was not participating in meeting subject to Act by meeting in (Overruled by Te | Discussion among board members of Houston Metropolitan Transit Authority about companies' responses to proposals for rail system, Act does not authorize Board to hold closed meeting to engage in (Overruled by Tex. Att'y Gen. Op. No. DM-191 (1992))

DM-0022
Dan Morales

Fee, underground water conservation district may not impose in connection with permitting or registering wells | Fee, district may not impose in connection with permitting or registering wells | Underground water conservation district may not impose fee in connection with permitting or registering wells

DM-0029
Dan Morales

Dallas County Hospital District may not become dues-paying member of nonprofit association | Nonprofit association, Dallas County Hospital District may not become dues-paying member of

DM-0037
Dan Morales

Dental clinic, whether hospital district may close and financial responsibility for indigent dental care after closing

DM-0047
Dan Morales

County appraisal district with jurisdiction within boundaries of Guadalupe-Blanco River Authority, service on board of would not be incompatible with service on river authority board|Service on board of county appraisal district that appraises property within boundaries of river authority would not be incompatible with service on the board of river authority|County appraisal district, office of director of is not office of emolument for purposes of constitutional dual office holding provisions|Guadalupe-Blanco River Authority, service on the board of would not be incompatible with service on board of county appraisal district that appraises property within boundaries of river authority

DM-0066
Dan Morales

Lease of hospital district building to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose"|Interest and sinking fund, hospital district may not use excess monies in to finance construction of building|Hospital district's authority to lease hospital building, lease to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose" under article IX, section 9

DM-0078
Dan Morales

Mineral interests of Lower Colorado River Authority exempt from taxation if held exclusively for use and benefit of public|Lower Colorado River Authority, mineral interests of exempt from taxation if held for use and benefit of public

DM-0090
Dan Morales

County tax abatement agreement, authority of district to enter into tax abatement agreement for land pertaining to county agreement expired 90 days after date of execution of county agreement

DM-0107
Dan Morales

Hospital district not authorized to reimburse employee for legal expenses (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)|Representation of defendant in criminal case, district and county attorneys precluded from (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)|Legal counsel, hospital district may employ to represent district and, if interest of district is at stake, its officers and employees (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)

DM-0122
Dan Morales

Single member districts, hospital districts created under chapter 286 of the Health and Safety Code may elect all district directors from|Single member districts|By place

DM-0131
Dan Morales

Lease, Chambers County Hospital District may enter into to operate part of hospital facility as drug treatment center

DM-0140
Dan Morales

West Brazoria County Drainage District, Commissioners Court of Brazoria County constitutes governing board of and may set sales tax rate and call election|Brazoria County Commissioners Court constitutes governing board of West Brazoria County Drainage District and may set tax rate and call election

DM-0150
Dan Morales

Port of Houston Authority, Harris County is authorized to regulate building of structures over waterways within jurisdiction of for purposes of floodplain management|Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes of

DM-0186
Dan Morales

Redistricting of precincts, boundaries of hospital district established in authorizing legislation as coextensive with commissioner's precincts of county do not change with|Boundaries of Hamilton Hospital District established in authorizing legislation as coextensive with commissioner's precincts of county do not change with redistricting of precincts

DM-0202
Dan Morales

Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Investment in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Mutual funds holding only adjustable rate mortgages that obligate United States agencies, authority of certain public entities to invest in

DM-0269
Dan Morales

Terms of office of Board of Directors of El Paso Water Control and Improvement District created by special law, governing law|Uniform election date, board of directors of El Paso Water Control and Improvement District should select under chapter 41 of Election Code|Acts of improperly elected directors, validity of

DM-0307
Dan Morales

Government-owned utility|Customer information of Franklin County Water District is confidential

DM-0374
Dan Morales

Permanent University Fund land leased for grazing, whether water improvement district may tax|Taxation of Permanent University Fund land leased for grazing|Permanent University Fund land, taxation by water improvement district|Tax|Special assessment

DM-0380
Dan Morales

Inmate of county jail, responsibility of hospital district to provide health care for|Inmate of county jail, allocation of responsibility to provide health care for|Health care for indigent inmate, responsibility to provide|Health care, allocation of responsibility to provide for indigent inmate of county jail|Indigent inmates, duty to provide health care for

DM-0413
Dan Morales

Inmate's medical expenses, county, not hospital district, liable for when inmate not indigent|Health care, responsibility for cost when inmate not indigent|Inmate's medical expenses, county liable for when inmate not indigent

DM-0420
Dan Morales

Easements, authority of district to use for recreational and environmental purposes|Tax and bond revenues, authority of district to use for recreational improvements|Contractual instruments, including easements, attorney general does not construe in attorney general opinions|Easements, authority of flood control district to use for recreational and environmental purposes|Tax and bond revenues, authority of flood control district to use for recreational improvements|Easements, authority of flood control district to use for environmental purposes

DM-0426
Dan Morales

Housing authority (municipal, county, or regional) created under chapter 392 of the Local Government Code, subject to Open Meetings Act|Housing authority (municipal, county, or regional) created under chapter 392 of the Local Government Code, subject to Act

DM-0454
Dan Morales

Houston City Council does not have oversight responsibilities over county-city authority, except to approve issuance of bonds and other obligations|Harris County-Houston Sports Authority, Houston City Council may not approve change order for authority's contracts or place restrictions on lease agreements negotiated by

DM-0462
Dan Morales

Appraisal district review board, ineligibility of certain former government officers and employees for appointment to|Officer|Employee|Taxing unit

DM-0484
Dan Morales

Board membership eligibility statute requiring candidate to be land owner in district is unconstitutional if requirement does not rationally serve a legitimate state purpose|Land owner in drainage district, statute requiring that candidate for drainage district governing board must be is unconstitutional if requirement does not rationally serve a legitimate state purpose|Ballot access, statute requiring drainage district board member to own land within the district is unconstitutional if requirement does not rationally serve a legitimate state purpose

DM-0488
Dan Morales

Attorney fees, common law authorizes governmental body to reimburse officer's or employee's in certain circumstances|Chief appraiser's attorney fees, board of directors of appraisal district may reimburse if authorized to do so by statute or under the common law|Chief appraiser prosecuted for alleged failure to notify landowners of change of use, appraisal district may reimburse attorney fees under common law if board makes certain determinations|Attorney fees of chief appraiser prosecuted for alleged failure to notify landowners of change of use, district may reimburse under common law if board makes certain determinations

DM-0494
Dan Morales

Regional 9-1-1 service plan, whether emergency communication district may unilaterally withdraw from|Wireless 9-1-1 service fee, distribution to emergency communication district that withdraws from a regional 9-1-1 plan

JC-0006
John Cornyn

Edwards Aquifer Authority, resign-to-run provision in chapter 49 of the Water Code applies to directors of|Resign-to-run provision in chapter 49 of the Water Code applies to directors of Edwards Aquifer Authority

JC-0068
John Cornyn

Tax-exempt bonds|Hedge investment|Current refunding|Derivative product|Refunding|Advance refunding|Interest rate hedge contract, hospital district does not have authority to execute derived from its authority to issue bonds

JC-0076
John Cornyn

Common-carrier obligation and rail line beyond authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of statutory purposes|Necessary, convenient, or useful|Common-carrier obligation and rail line beyond mass-transit authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of authority's statutory purpose

JC-0095
John Cornyn

Gulf Coast Waste Disposal Authority is not a soil and water conservation district for purposes of article XVI, section 40, Texas Constitution|Soil and water conservation district

JC-0108
John Cornyn

Peer review committee, evaluation of by governing body of hospital district acting as|Medical peer review committee, when governing body of hospital district acts as|Exemption from Open Meetings Act for governing body of hospital district when acting as medical peer review committee|Medical peer review committee, exemption from open meetings act for governing body of hospital district acting as

JC-0162
John Cornyn

River authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect to|Upper Guadalupe River Authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, city may compel property owners within its jurisdiction to connect to system operated by river authority

JC-0179
John Cornyn

Fiber-optics cable installed to operate regional water district's pipeline, water district may lease to private telecommunications company excess capacity in|Easement, article XVI, section 59 water district may lease excess capacity in fiber-optics cable installed in to private telecommunications company to operate pipeline|Fiber-optics cable installed to operate pipeline, water district may lease to private telecommunications company excess capacity in

JC-0184
John Cornyn

Abstention by district board member from participating in action to employ her spouse did not cure violation of nepotism law|Board member's abstention from participating in action to employ her spouse did not cure violation of nepotism law

JC-0192
John Cornyn

Grandfather clause, section 6.412 of Tax Code does not contain, and is therefore applicable to all members of appraisal review board serving on effective date of statutory amendment|Legal counsel to appraisal district, individual who serves as is ineligible for appointment to appraisal review board|Appraisal review board, individual who serves as legal counsel to appraisal district is not eligible for appointment to

JC-0197
John Cornyn

Deferred compensation plan, water district directors may not participate in|Deferred compensation plan, district directors may not participate in|Retirement system, district directors may not participate in|Water district directors may not participate in water district's public retirement system or deferred compensation plan|Heading may neither limit nor expand plain text of statute

JC-0202
John Cornyn

Army Corps of Engineers, navigation district is not authorized to accept the conveyance of easements from the Corps for the purpose of conveying the easements to private property owners whose fee interests are affected by the easements|Easements, navigation district is not authorized to accept the conveyance of easements from the United States Army Corps of Engineers for the purpose of conveying the easements to private property owners whose fee interests are affected by the easements

JC-0210
John Cornyn

Prevailing wage law complaints, board member of hospital district who is president of local union council not prohibited by chapter 171 of the Local Government Code from participating in "good cause" determinations of|Uncompensated president of local union council who is board member of hospital district does not have a substantial interest in council and is not barred from participating in "good cause" determination of prevailing wage law complaints|Prevailing wage law complaints, chapter 171 of Local Government Code does not prohibit board member of hospital district who is president of local union council from participating in "good cause" determinations of

JC-0220
John Cornyn

Hospital district, closure of district hospital does not relieve hospital district of its liability to provide hospital and medical care|Lease, hospital authorized to lease hospital facilities to private entity for operation of clinic to provide medical care to the district's needy inhabitants|Maintenance and operation tax, hospital district may continue to levy and use proceeds to pay expenses for indigent hospital and medical care after closing hospital|Indigent hospital and medical care, closure of district hospital does not relieve hospital district of its liability to provide|Dissolution election, special law hospital district not authorized to hold|Closure, hospital district authorized to close hospital|Maintenance and operation expenses|Hospital district may levy and use proceeds of maintenance and operation tax to pay expenses for indigent hospital and medical care

JC-0225
John Cornyn

Common-law doctrine of incompatibility, no authority under home rule power to exempt city council's appointments to governing body of another political subdivision from|Home rule city lacks authority to exempt city council's appointments to governing body of another political subdivision from common-law doctrine of incompatibility|Home rule city lacks authority to exempt from common-law doctrine of incompatibility city council's appointments to board of Authority

JC-0233
John Cornyn

Executive session of public meeting, advice to governmental body during|Proposed contract, governmental body may hold executive session to receive advice from its attorney on legal issues raised by, but may not engage in general policy discussion of non-legal matters merely because attorney is present|Executive session meeting of Commissioners of Port of Beaumont Navigation District to receive legal advice from its attorney on proposed contract may not include discussion of non-legal matters

JC-0247
John Cornyn

Maximum tax rate, hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to consider raising|Hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to consider raising the district's maximum tax rate|Express constitutional or statutory authority required to hold election

JC-0268
John Cornyn

Dissolution, transfer of hospital district funds to city upon|Dissolution, whether election required to approve|Hospital district funds transfer to city upon dissolution of hospital district

JC-0275
John Cornyn

Fire alarms and false alarms, district lacks authority to regulate|Fire code adopted by district may not conflict with fire codes of cities, counties, and other political subdivisions with overlapping territory

JC-0278
John Cornyn

Fee, Lower Valley Water District may assess to property owners who are able to connect to sewer system, but have refused to do so

JC-0291
John Cornyn

Visitors and tourists|County development districts lack authority to levy ad valorem taxes because authority to levy tax must be express|County development district projects are limited to those that will attract tourism to the county|County development districts lack authority to levy ad valorem taxes|County development district not authorized to undertake general economic development projects, projects limited to those that will attract tourism to the county|Taxation, power of special district to levy ad valorem tax must be express and will not be supported by reference to authority of other entities where legislature has expressly vested district with authority to levy sales and use tax

JC-0295
John Cornyn

Water district with road district powers, whether authorized to incur long-term indebtedness payable from road fees

JC-0311
John Cornyn

Tax-exempt, whether building owned by hospital district and leased to physicians for their private practice is|Hospital district that owns building and leases to physicians for their private practice, whether tax-exempt

JC-0313
John Cornyn

Edwards Aquifer Authority, committee of the Authority is subject to Open Meetings Act when majority of board members attends meeting of committee|Open Meetings Act, committee of Edwards Aquifer Authority subject to when majority of board members attends meeting of committee

JC-0339
John Cornyn

Municipal utility director barred from serving as member of city planning and zoning commission by common-law doctrine of incompatibility|City delegates sovereign power to planning and zoning commission, members are public officers if|Directors are public officers; common-law doctrine of incompatibility prevents them from holding another public office

JC-0354
John Cornyn

Automatically renew contract for loading and unloading services, navigation district may limit the number of times it will consent to

JC-0386
John Cornyn

Homestead protected from forced sale for payment of delinquent special assessment|Special assessments are not "taxes" within constitutional provisions|Special assessment, homestead protected from forced sale for payment of delinquent|Special assessment on real property is imposed under taxing power but is not an ad valorem tax|Assessment lien on real property, not enforceable against homestead

JC-0391
John Cornyn

Director, individual employed by company receiving all its revenue from state contract may be compensated as|Municipal utility district director, individual employed by company receiving all its revenue from state contract may be compensated as

JC-0392
John Cornyn

Legislature's authority is plenary, unlike a county or special district; legislature need only look to statutes and the constitution for express and implied limitations on its authority|Rate of taxation, if proposed district in county with a population of 125,000 or less will overlap with rural fire prevention district, county commissioners court is limited to ordering an election to authorize a two-cent ad valorem tax|Rate of taxation, limitation on tax in district that will overlap with rural fire prevention district is constitutional

JC-0394
John Cornyn

Undocumented aliens, pursuant to federal law undocumented aliens are ineligible for state or local public benefits, including non-emergency health care provided by Harris County Hospital District|Welfare Reform Act provides that undocumented aliens are ineligible for state or local public benefits|Aliens, federal laws on admission, naturalization, and residence of aliens preempt inconsistent state law

JC-0406
John Cornyn

Petition for creation of water district, constitutionality of Water Code restriction of signatories to land owners dependent on factual determination concerning purpose of district and potentially disparate impact on land owners|Emergency notice requires statement of reason for emergency or urgent public necessity|Emergency, a statutorily required action is not reasonably unforeseeable for purposes of Open Meetings Act definition of "emergency"|Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinion

JC-0407
John Cornyn

Incompatibility of offices, members of board of health maintenance organization ("HMO") established by hospital district are not public officers|Matters involving the interests of both the hospital district and HMO created by district, HMO board members who are members of the board of managers of hospital district must also faithfully carry out their duty to HMO when participating in|Health maintenance organization established by hospital district, HMO board not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcomm|Conflicts of interest, members of hospital district board of managers who serve on board of health maintenance organization created by hospital district must comply with chapter 171 of Local Government Code whenever participating in hospital district vote|Board of health maintenance organization established by hospital district not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcommit|Vote or decision involving HMO, hospital district board of managers who serve on board of health maintenance organization created by the district must comply with chapter 171 of Local Government Code whenever participating in|Members of board of a health maintenance organization ("HMO") established by hospital district are not public officers

JC-0410
John Cornyn

Allowable operating expenses are not limited to items "attributable to designing a 9-1-1 system and to all equipment and personnel necessary to establish and operate a public safety answering point and other related answering points" but are limited to it|Include

JC-0419
John Cornyn

Owner of taxable property, restaurant owner is not a "household user" of water and sewer services, but may be "owner of taxable property" for purposes of section 43.0761 of Local Government Code requiring water district which did not provide services to p|Owner of taxable property|Household user

JC-0420
John Cornyn

First Responder|Medical care|Emergency medical services or First Responder services within the boundaries of a hospital district, municipality may expend tax funds to provide through its fire department|Emergency medical services and First Responder services are not medical care within hospital district's exclusive province|Emergency medical services or First Responder services, article IX, section 9 of Texas Constitution does not exclusively authorize a hospital district to provide

JC-0434
John Cornyn

Nonindigent medical care, hospital district contract payments to private hospital organization for|Actual costs|Nonindigent medical care, contract payments to private hospital organization for

JC-0444
John Cornyn

Groundwater conservation district confirmation election, Election Code provides that county will conduct election for monetary consideration; county is not authorized to pay for the election and may not make a donation or grant to the district for that pu|Confirmation election, county is not authorized to pay for the election and may not make a donation or grant to district for that purpose

JC-0455
John Cornyn

Groundwater conservation district, compensated member of local non-county governing body may not serve as director of|Groundwater conservation district, county commissioner may not serve as director of, where geographical boundaries overlap

JC-0459
John Cornyn

Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement in|Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect to|Juvenile justice alternative education program, county's authority to fund|Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-vis|Juvenile justice alternative education program, school district not required to fund construction or facility for|Juvenile justice alternative education program, school district's authority to determine discretionary expulsions that will be subject to placement in

JC-0474
John Cornyn

City council, member of council may not appoint himself to board of directors of crime control and prevention district|Crime control and prevention district, member of city council may not appoint himself to board of directors of

JC-0530
John Cornyn

Peace officers, city police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic vio|City police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic violations in the d

JC-0556
John Cornyn

Right-of-way, water corporation may lay fixtures in county after notifying county but need not notify county before repairing existing fixtures; county may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, water corporation must obtain municipality's consent before laying water system pipes, mains, or conductors through municipal; municipality may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, district that is water corporation subject to chapter 402 of the Local Government Code must obtain municipality's consent before laying water system fixtures through municipal, but must only notify county before laying fixtures in county; co

JC-0557
John Cornyn

School trustee barred from simultaneously serving as board member of groundwater conservation district with population of less than 50,000 where geographical boundaries overlap and where both have taxing authority|Groundwater conservation district with population of less than 50,000, school trustee barred by common-law incompatibility from serving as director of, where geographical boundaries overlap and where both have taxing authority

JC-0569
John Cornyn

Groundwater conservation district, effect of defeat of confirmation of|Defeat of ballot proposition confirming creation of Southeast Trinity Groundwater Conservation District, effect of

JC-0580
John Cornyn

Assessor-collector who serves as nonvoting member of appraisal district board is counted in determining presence of quorum, and may also serve as board officer, and may make and second motions if the board gives him that authority|Assessor-collector who serves as nonvoting member of appraisal district board is counted in determining presence of quorum

JC-0585
John Cornyn

Water district board member subject to section 49.058 of the Water Code must comply with statutory conflict-of-interest provisions if her son is employed by company that operates district's water and wastewater system|Disqualified, member of water district board is not disqualified if member's son is employed by corporate entity that contracts with district|Water district board member subject to section 49.052 of the Water Code is not disqualified if member's son is employed by corporate entity that contracts with district|Person

JM-1221
Jim Mattox

Taxation of mineral interests severed from surface lands that have been annexed by another underground water district, severed mineral interest remains in and is taxed by original underground water district unless mineral interest owner filed petition for|Annexation of land in underground water district by another district, severed mineral interest remains in and is taxed by original underground water district unless mineral interest owner filed petition for annexation separate and apart from petition of s

KP-0262
Ken Paxton

Assuming that the patent by which the Jackson County Navigation District purchased submerged land from the State does not provide otherwise, the District may require an easement for new and existing aerial utility lines which cross over its boundaries, provided that doing so is consistent with the navigation district's constitutional and statutory purposes.

KP-0264
Ken Paxton

A criminal district attorney is not subject to rules adopted by the county purchasing agent pursuant to subchapter B of chapter 262 of the Local Government Code; however, the entity is subject to rules implemented by the agent pursuant to the County Purchasing Act.

KP-0283
Ken Paxton

The Guadalupe-Blanco River Authority may impose a fee on lakefront property owners for the unique services landowners receive from the Authority, so long as the fee does not amount to a tax on those property owners.  The Authority may not establish a taxing district, but property owners could form one and use taxes for dam repair.

KP-0287
Ken Paxton

Voting entitlement of a taxing unit for the appointment of appraisal district directors is determined by Tax Code subsection 6.03(d) but may be changed pursuant to Tax Code section 6.031 and Act of May 17, 2007, 80th Leg., R.S., ch. 648, § 6(b), 2007 Tex. Gen. Laws 1223, 1224. (House Bill 1010).

KP-0307
Ken Paxton

Tax  Code subsection 41.45(o) and 34 Texas Administrative Code subsection 9.805(d) do not allow appraisal review boards to require protest hearings to be conducted by videoconference in lieu of in-person hearings when requested by a property owner.

KP-0309
Ken Paxton

Without evidence in the statutes of the Legislature's clear and unmistakable intent to preempt all local ordinances affecting dams, a court would likely conclude that a local regulation will be invalid only to the extent inconsistent with a state regulation.

KP-0316
Ken Paxton

Water Code subsection 49.226(b) does not require a river authority to obtain fair market value to release a surplus inundation easement acquired by dedication or otherwise without the payment of compensation.

KP-0319
Ken Paxton

Absent an election granting it authority, the Jackson County County-Wide Drainage District does not possess authority to levy, set the rate, and collect a flood control tax.

KP-0323
Ken Paxton

If wearing a facial covering in a transit authority vehicle or facility is necessary for the safe and efficient operation of the Metropolitan Transit Authority of Harris County during the COVID-19 pandemic, the Authority may require any person medically capable of doing so to wear a facial covering when entering its vehicles or facilities. 

KP-0326
Ken Paxton

A court would likely conclude that appraisal district board members are appointed and are not required to complete the certified cybersecurity training program it mandated by Government Code subsection 2054.5191(a-1).

KP-0327
Ken Paxton

Under Special District and Local Laws Code chapter 11001, Bastrop County has discretion about the standard it will utilize to approve Bastrop County Water Control and Improvement District No. 2 improvements, provided the standard is based on good engineering practices according to specified statutory considerations.

KP-0329
Ken Paxton

Tax Code section 6.054 prohibits an appraisal district employee from also serving as trustee on the board of an independent school district that is a participating taxing entity in the appraisal district.

KP-0340
Ken Paxton

The common-law reserved powers doctrine could limit whether a home-rule municipality may enter a contract that would prohibit decertification of a special utility district’s certificate of convenience and necessity in the future.

KP-0356
Ken Paxton

Determination of boundary lines between water conservation districts

KP-0365
Ken Paxton

Ector County’s compliance with chapter 387 of the Local Government Code, regarding creation of a county assistance district

KP-0366
Ken Paxton

Use of public improvement district assessments in particular circumstances

KP-0389
Ken Paxton

Authority of a conservation district to change the directors’ terms of office from two to four years

KP-0432
Ken Paxton

A court would likely conclude that Tax Code subsection 6.43(c) does not authorize the county attorney to serve as legal counsel to the tax appraisal district.

KP-0434
Ken Paxton

A person simultaneously volunteering as a fire fighter for an emergency services district and a commissioner on the ESD’s board of commissioners.

KP-0435
Ken Paxton

Authority of a county to use tax revenue to pay a supplement to a hospital district in the county.

KP-0437
Ken Paxton

Authority of a public facility corporation sponsored by a municipal management district created under chapter 375 of the Local Government Code to act outside its geographical territory

JS-0004
John Scott

Water Code subsection 12.013(a) authorizes the Public Utility Commission to fix reasonable rates for the furnishing of raw or treated water for any purpose under Water Code chapter 11 or 12. Water Code section 51.305 pertains to specific expenses a water control and improvement district may allocate to certain users. The two provisions do not conflict. Under the plain terms of subsection 51.305(d), when an authorized party disputes a water control and improvement district’s allocation assessments and other payments necessary to cover the maintenance and operating expenses of its water delivery system, a petition filed with the Texas Commission on Environmental Quality is the sole remedy. Otherwise, the matter is before the Public Utility Commission.

As this office does not resolve factual questions in attorney general opinions, we cannot determine the nature of the underlying dispute and thus cannot answer your question about which entity may have exclusive jurisdiction to hear it.

JS-0006
John Scott

Because the La Joya Independent School District and the Hidalgo County Irrigation District No. 6 have taxation authority in overlapping territory, one individual may not simultaneously serve as a school board trustee and board member of the irrigation district. In qualifying for the second office of school district trustee, the individual does not holdover.

KP-0446
Ken Paxton

Addressing whether a city may exercise control over HOT funds allocated to a park board pursuant to Tax Code subsection 351.105(f) or impose other limitations on a park board’s authority under Local Government Code chapter 306.

KP-0450
Ken Paxton

Addressing whether a county development district may add a sixth director to its board under Local Government Code subsection 383.048(d).

KP-0457
Ken Paxton

Authority of a rural fire prevention district converted to an emergency services district by section 775.026 of the Health and Safety Code to provide ambulance service.

KP-0461
Ken Paxton

Section 1069.211, Special District Local Laws Code, authorizes the Nacogdoches County Hospital District to allocate for economic development up to one-fourth of one percent of its annual sales and use tax revenue.