Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Acupuncture schools are subject to regulation by the Texas Higher Education Coordinating BoardGA-0144
Administrative penalty for violations under subchapter D, chapter 31 of the Education Code on a university that is properly characterized as a publisher, SBOE has authority to imposeGA-0823
Admissions, financial aid, scholarships, recruitment and retention, permissibility of programs that are not race-neutral (Withdrawn by Tex. Att'y Gen. Op. No. JC-0107 (1999))LO97-001
Authority under section 31.0241 of the Education Code to decline to place an open-source textbook on the conforming or nonconforming list if disagree with an eligible institutionís determination that the textbook qualifies for placement on the conforming or nonconforming list, SBOE has noGA-0823
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 lawGA-0351
Complaints about postsecondary educational institutions, the Texas Higher Education Coordinating Board has authority to promulgate procedures for handlingGA-0902
Conflict of interest, common-law doctrine of precludes university system from contracting with a law firm in which a member of the board of regents is a partner and precludes payment for any work performed by law firmLO93-012
Contracts for purchasing goods and services by institution of higher education from private vendor in which a member of board of regents or certain family members have prohibited interestKP-093
Debit card program, whether subject to Sale of Checks Act or banking lawsDM-0329
Depository, institution of higher learning not authorized to deposit funds in the demand accounts of savings and loan associationsDM-0099
Discretion to grant or deny certificate of authority to foreign medical school that satisfies statutory and regulatory criteria, under Education Code chapter 61, Texas Higher Education Coordinating Board has theGA-0975
Endowment funds, authorization of investments under the Uniform Prudent Management of Institutional Funds ActGA-0768
Equal opportunity training by Texas Commission on Human Rights, validity of rider mandating for certain state agencies and institutions of higher educationDM-0497
Establishment by two-thirds vote of legislature, appropriations act does not requireJM-1153
Extension of credit to students, state university bookstore may extend credit to students if it will accomplish public purpose and if transactions are sufficiently controlled to ensure accomplishment of public purposeLO92-029
Faculty club at Texas A&M University, allocation of space for is not unconstitutional gratuity provided it serves a public purpose and university receives adequate quid pro quoJM-1146
Fire science courses offered at institutions of higher education, "fire science" is a technical term referring to courses that fall within a designated fire science curriculum as well as courses primarily related to fire service, emergency medicine, emergency management, or public administration regardless of whether those courses fall within the curriculum designed as "fire science"GA-0397
Former district judge sitting by assignment is not barred from holding compensated teaching position with state universityLO98-109
Hazlewood Act tuition exemption, Texas Higher Education Coordinating Board has authority to determine whether to promulgate certain rules relating to exemptionGA-0969
Hiring contractor, state university does not function as when it hires private entity to engage in building or construction workDM-0300
Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutesGA-0567
Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agenciesDM-0202
Legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building, validity under article VII, section 18 of the Texas ConstitutionJC-0170
Meeting of governing board of single institution of higher education, special notice provisionLO96-016
Open-enrollment charter school or school district that acquires a university open-source textbook at a cost below the cost limit established under section 31.0251(a) of the Education Code is entitled to a creditGA-0823
Optional retirement program for faculty members, authority of governing body of University of Texas to limit number of vendors offering products to program participantsDM-0271
Optional retirement program for faculty members, authority of governing body of University of Texas to structure programDM-0271
Per se "employees," students are not for purposes of statute requiring employers to supply hazardous chemicals information to "employees"DM-0239
Permanent University Fund land leased for grazing, whether water improvement district may taxDM-0374
Prayer, whether state university may begin commencement and other official university events withLO94-057
Private university, grant of public fund to is permissible only if grant serves public purpose, sufficient controls exist, and public receives adequate considerationLO90-038
Public meeting, University of Texas Board of Regents may not hold in MexicoJC-0487
Public work contract to remodel university building, applicability of chapter 2258 of the Government Code toDM-0469
Race-based scholarship program administered by private, nonprofit organization, extent to which public university may be involved inLO98-045
Real property owned by state university and operated as amusement park, whether subject to ad valorem taxDM-0429
Real property owned by Texas Southern University, deed restrictions do not apply toGA-0249
Real property, state universityís conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, sections 51 and of the Texas ConstitutionGA-0894
Regulating religious institutionsí religious programs of study, the Texas Supreme Court has held that the Higher Education Coordinating Board is prohibited from regulating but it has not held that the Board is prohibited from regulating religious institutionsí secular programs of studyGA-0902
Religious group, use of state university facilities for conference hosted byLO95-031
Religious postsecondary educational institution, state regulation of does not violate right to free exercise of religionJC-0200
Research facilities that use animals for research purposes, application of federal requirementsLO94-041
Residence, student living in dormitory may establish dormitory as residence and permissibly register to vote in county where dormitory is locatedGA-0141
Scholarship and endowment funds donated to state university are impressed with charitable trust, modification of which requires court proceeding to which Attorney General is proper partyJC-0240
Scholarship students at state university may be provided with free textbooks if university does not extend credit of state in providing themLO94-025
Scholarship, whether it meets criteria for a "competitive academic scholarship" is determination made in first instance by Higher Education Coordinating BoardLO94-035
Sections 56.451 and 61.003, Education Code - Private institution of higher education must be accredited by the Commission of Colleges of the Southern Association of Colleges and Schools, the Liaison Committee on Medical Education, or the American Bar Association to be an eligible institution for the Texas-B-On-Time Loan ProgramKP-018
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 transactionJC-0146
Standard method adopted by the Higher Education Coordinating Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective GA-0655
Student fee advisory committee established under section 54.5031 of the Education Code is not subject to requirements of Open Meetings ActGA-0232
Student financial assistance, law unsettled regarding use of race or ethnicity as a factor in (Tex. Att'y Gen. L0-97-001 Withdrawn)JC-0107
Term "classroom set" of textbooks, as defined by the SBOEGA-0823
Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employeeGA-0677
Texas A&M University, authority to use allocation from the Available University Fund for support and maintenance under Texas Constitution article VII, section 18(f)GA-1091
Texas Public Finance's authority to issue bonds on behalf of Texas State Technical College SystemJC-0523
Tuition equalization grant program, Higher Education Coordinating Board lacks authority to approve for participation in the program a private or independent college or university that does not have the same accreditation as public institutions of higher educationGA-0395
University of North Texas Systemís Board of Regents is a governing board within the scope of subsection 51.0031(c), Education CodeGA-0892
University of North Texas Systemís Board of Regents is the entity to which Education Code subsection 51.0031(c)ís $25 million threshold appliesGA-0892
University open-source textbooks, a classroom set of textbooks can includeGA-0823
Videoconference call, authority of board of regents to hold public meetings by (Affirmed by Tex. Att'y Gen. Op. No. JC-0194 (2000))DM-0478
Volunteer coaching services for players on university football team, common-law doctrine of incompatibility does not bar regent of Texas Southern University from performing unpaidLO98-036
Administration and Administrators
A junior or community college may not categorically prohibit concealed handguns from campus locations due to the presence of minors.KP-120
Board of regents may not enter into contract with bank of which regent is officer and employeeJC-0426
Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent.KP-021
Charitable remainder trusts, authority of The Texas A&M System to administerGA-0163
Civil office of profit, chancellor of Texas Tech University System does not holdLO96-080
Debit card programs for students, faculty and staff, authority of university to operateDM-0329
Depository for receipts of institution of higher education, governing board's selection of is subject to common-law conflict of interest rule and is not modified by provision applicable to state agency depositoryJC-0507
Executive officer of college system, member of board of regents is eligible to be appointed if successor regent has qualified for and taken oath of officeLO97-047
Government Code section 411.2031, a public institution of higher education likely exceeds its authority if it prohibits the carrying of concealed handguns in a substantial number of classrooms or delegates to individual professors the decision as to whether possession of a concealed handgun is allowed in the individual professor's classroom, or if it prohibits handguns in campus residential facilities, underKP-051
Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University from employing spouse of university presidentGA-0073
President of Stephen F. Austin State University is not a "public official" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system mayGA-0438
Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
Statute authorizing a university to contract with a corporation of which regent is director or stockholder does not apply when regent is officer or employee of the corporationJC-0426
To the extent institutions of higher education are state agencies subject to Labor Code chapter 501, they must have State Office of Risk Management approval to purchase property, casualty, or liability insuranceGA-1061
Under Government Code subsection 411.2031(d-1), the president or other chief executive officer of the junior or community college may establish rules, regulations, and other provisions regarding the carrying of concealed handguns by license holders that accommodate the unique nature of a particular campus provided that such rules, regulations, or provisions do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution.KP-120
Employee Compensation, Benefits, and Reimbursement of Expenses
Deferred compensation program involving transfer of shares in mutual fund, authority of state university system to offerJC-0431
Fees, governing board may not waive collection of from employees or their dependents unless expressly permitted by statuteDM-0421
Legal services coverage, board of regents may include in cafeteria plan if federal law permits and if expenditure serves public purposeLO92-041
Optional Retirement Program, construction and legality of appropriations act rider decreasing state contribution for certain employeesLO96-133
Retroactive salary increase, no authority of board of regents to grant and thus may be excluded when computing benefitsLO94-093
Rider in appropriations act regarding eligibility for optional retirement benefits for employees of institutions of higher education is unconstitutional because it attempts to amend general lawJM-1151
Civil office of emolument, teacher employed by Texas State Technical College does not holdLO93-037
Contact lenses, employee of a university medical center who dispenses under physician's or optometrist's direct supervision and control need not obtain permit under Contact Lens Prescription ActLO98-110
Dual employment at state university and public junior college, no bar toLO94-080
Faculty member's eligibility to serve on river authority board of directorsLO95-001
Grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing memberJC-0484
Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University Board of Regents from employing spouse of university presidentGA-0073
Occupations Code section 501.004 - a university is not required to use the official title of "psychologist" or "psychological associate" when describing employees in order for those employees' activities and services to be exempt from the Psychologists' Licensing ActGA-1025
Outside employment including elective office, validity of policy requiring executive approvalLO96-109
Teacher employed by Texas State Technical College, article XVI, section 40 of Texas Constitution bars state teacher from serving as city commissioner if he or she receives a salary from city for doing soLO93-037
University professor may serve on governing board of local governmental district, but may not receive salaryJC-0577
Tuition and Fees
B-On-Time Loan Program, additional credit hours taken at an institution other than the degree-awarding institution may not disqualify a student from having a B-On-Time loan forgivenKP-053
Discretionary fee must be compulsory where statute does not specify whether compulsory or voluntaryDM-0421
Equal Protection Clause of the United States Constitution, the Hazlewood Act's provision of benefits to only those individuals who resided in Texas at the time they entered the service rationally furthers legitimate state interests, should withstand rational basis review, and should therefore be held constitutional under the Equal Protection ClauseKP-015
Exemption from fees and charges for member of armed forces reserve who is separated from active duty but not dischargedLO96-090
Exemption from tuition and fees at state institutions of higher education available to veterans discharged under honorable conditions as well as veterans with honorable dischargeLO94-011
Fixed-point residence requirement, statute exempting certain honorably discharged, resident veterans from tuition is probably unconstitutionalDM-0468
Infrastructure charge, authority of University of Texas to collect under section 55.16 of the Education Code is subject to limits in section 54.0513 of the Education Code if it is equivalent of building use feeJC-0527
Loan proposal that would require college and private lender to share risk of students defaulting on their loans and might require college to discount tuition must comply with statutory provisions regarding the reduction of tuition in chapter 54, Education CodeGA-0743
Opinion Withdrawn 1/14/2008 - Superseded by statute, Tex. Educ. Code Ann. § 54.203GA-0347
Opinion Withdrawn 1/14/2008 - superseded by statute, Tex. Educ. Code Ann. § 54.203GA-0445
Parking fee, state university may charge to students, faculty, and staff, even if disabledDM-0345
Resident tuition rates, nonresident scholarship recipient may be eligible for if scholarship is competitive academic scholarship (Affirmed by Tex. Att'y Gen. LO-94-035)DM-0249
Statutes providing for unauthorized aliens to receive in-state tuition at Texas state colleges and universities, whether they violate federal law and federal equal protectionGA-0732
Student fees imposed by University of Texas at Austin, exemption for persons honorably discharged from armed forces during "cold war"DM-0359
Tuition and fees at public junior colleges, a public junior college's charges are what the college designates them to beGA-0397
Tuition and laboratory fees at public junior colleges and four-year colleges and universities, a fire fighter is exempt from payingGA-0397
Tuition for fire fighters enrolled in fire science courses, fire fighter seeking exemption from tuition need not be pursuing a degree in fire science and may already have a degree in fire scienceGA-0397
Veteran's exemption, all veterans honorably separated from active duty during enumerated periods are eligible forLO96-097
Voluntary fee, governing board may not charge of a student who will not use the serviceDM-0421
Waiver of fee for employees and dependents, governing board may not grant unless expressly permitted by statuteDM-0421