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Legislative Powers

Summaries

KP-0224
Ken Paxton

Authority and process for removing historical plaques in the Texas Capitol Complex

GA-0033
Greg Abbott

Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasury|Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1 of the Texas Constitution|Trust fund abolished by later enacted bill, authority of state agency to expend monies received by fund|Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1|Community health center loans, whether statute providing for grant of money to development corporation to make such loans serves a public purpose and imposes adequate controls

GA-0063
Greg Abbott

Congressional districts, authority and responsibility of legislature to redraw|Voting Rights Act, application to redistricting|Redrawing of congressional districts, authority of legislature and courts|Redistricting Texas congressional seats, authority of courts to do so if legislature does not adopt a constitutional plan

GA-0190
Greg Abbott

County airport land, procedures applicable to lease for airport purposes|Airport land, procedures applicable to lease for airport purposes|Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statute

GA-0351
Greg Abbott

Common-law conflict of interest rules invalidate contract in which regent has a personal financial interest at time of contract formation, except where statute changes common law|Conflict of interest arising after contract formation does not invalidate pre-existing contract|Common law, authority to modify by adopting statute

GA-1057
Greg Abbott

Contempt - authority of a committee of the Texas House of Representatives that is investigating a possible impeachment to punish for contempt|Contempt - authority of a committee of the Texas House of Representatives investigating possible impeachment to punish for contempt

DM-0302
Dan Morales

Lottery, operation of slot machines does not constitute for purposes of article III, section 47|Definition of "bet," legislature may not revise in contravention of constitution|Ballot proposition language and contemporaneous newspaper accounts provide evidence of electorate's intent in adopting constitutional amendment|Slot machine|Lottery

DM-0428
Dan Morales

Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"|Public office for purposes of article XVI, section 40, municipal judges holds|Simultaneous judgeships in more than one jurisdiction, authority of person to hold|Municipal judge holds "public office" for purposes of article XVI, section 40|Multiple municipal judgeships, whether holding is "of benefit to the state" is matter for legislative resolution|Of benefit to the state

JC-0146
John Cornyn

Appropriation of state funds to state agency to transfer to private endowment must satisfy article III, section 51of Texas Constitution and agency's authority to transfer funds and enter into contract regarding transaction must be supported by substantive|Southwest Texas State University lacks statutory authority to transfer appropriated state funds to National Geographic Society endowment fund to benefit geography education in the state or to enter into a contract regarding such a transaction

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-0402
John Cornyn

Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landowners|Water quality protection zones, whether statute creating impermissibly delegates legislative authority to private landowners

JC-0501
John Cornyn

Authority to enact laws, impose taxes, raise revenue, and appropriate state funds is vested in legislature rather than the governor; governor may not increase or appropriate motor vehicle registration fees, but, in case of emergency, may act with legislat|State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of the Texas Constitution|Motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may act with legislative budget board to redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of |State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of Texas Constitution

JM-1170
Jim Mattox

Mineral interest, bill requiring Department of Corrections to transfer certain tracts of state-owned land to Department required transfer of estate in fee simple|Mineral interest, bill requiring Department to transfer certain tracts of state-owned land to Department of Highways and Public Transportation did not authorize Department to retain|Fee simple, grant of land is construed as grant of estate in unless conveyance is expressly limited|State-owned land, legislature has exclusive control of disposition of

JM-1173
Jim Mattox

Park, district may not use tax revenues to purchase real property to use solely as|Municipal utility district may not use tax revenues to purchase real property to use solely as a public park|Supreme Court's construction of Texas Constitution, legislature cannot overturn by declaration or enactment