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Torts

Summaries

GA-0128
Greg Abbott

Accident proximately caused by condition of a road to which public has right of access, liability in tort will depend on resolution of variety of questions|Maintenance of any particular county road, county's decision as to frequency of maintenance is matter for discretion of commissioners court|Public road, commissioners court may not permanently cease to maintain without formerly ordering that road be discontinued and designating alternative route

GA-0172
Greg Abbott

Immunity from civil liability for management of hazardous-material-incidents and disasters under Civil Practice and Remedies Code, chapter 79, applies only to private actors and does not apply to the Ad hoc Committee of the IH-10 Incident Management Plan

GA-0176
Greg Abbott

Indemnification clause in county contract with appraisal district to provide 9-1-1 services, validity of|Indemnification clause in public contract, debt created by|Immunity of public agencies with respect to providing 9-1-1 services

GA-0183
Greg Abbott

Presumption of no negligence in action for negligent hiring against residential delivery company that performed employee background check, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for|Motor carriers of property, whether 49 U.S.C. § 14501(c) governing state authority over motor carriers preempts state law providing for residential delivery company employee background checks

GA-0271
Greg Abbott

Immunity from liability, section 161.001(a) does not provide, for persons who administer vaccines or immunizing agents in a hospital setting to individuals covered by the federal Medicare program

GA-0490
Greg Abbott

Motor vehicles, under section 101.051, Civil Practice and Remedies Code, golf carts are|Golf carts are motor vehicles under section 101.051 of Civil Practice and Remedies Code|Motor vehicles

GA-0830
Greg Abbott

Liability insurance to cover tort claims arising from a college district’s operation of a child- care center, whether purchase would violate article III, section 52(a) of the Texas Constitution|Liability insurance required to cover tort claims arising from a college district’s operation of a child-care center, whether purchase would violate article III, section 52(a) of the Texas Constitution

GA-1027
Greg Abbott

Fact question beyond the purview of an attorney general opinion. Whether any particular set of circumstances will result in liability is a

DM-0173
Dan Morales

Department on Aging's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties|Department's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties

DM-0346
Dan Morales

Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)|Liability insurance for employees purchased with appropriated funds, constitutionality and scope of rider regarding (Withdrawn by Letter 7/31/96)|Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96)|Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96)|Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96)|Liability insurance for employees, whether purchase of constitutes waiver of state's sovereign immunity (Withdrawn by Letter 7/31/96)

DM-0363
Dan Morales

Premises|Concealed handguns carried by licensee on business premises, liability of business owner for removing licensee or injury to patron by licensee|Premises where licensed carrying of concealed handguns is, or may be, prohibited|Concealed handguns, violation of trespass laws by licensed possession of

DM-0402
Dan Morales

Resource conservation and development council, status as charitable organization|Resource conservation and development council, civil liability of officers and volunteers|Charitable purpose|Promotion of social welfare|Resource conservation and development council established under 16 U.S.C. chapter 54, status as charitable organization under state law

DM-0403
Dan Morales

Excursion train operators, owners of trackage may require to purchase liability insurance in amount greater than $5,000,000|Open courts provision, statute that attempts to limit liability of excursion train operators probably violates|Excursion train operators, statute that attempts to limit liability of to $5,000,000 per occurrence probably unconstitutional

DM-0409
Dan Morales

Volunteer|Employee|Indemnification by state, individual who is not an employee of regional poison control center is not entitled to by statute|Indemnification, state employee who performs some work for regional poison control centers is not entitled to as employee of poison control center|Poison control center, state not required to indemnify individual who is not an employee of