Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

Return to Master Index
A person elected or appointed to fill a vacancy on a junior college districtís board of trustees must perform the duties of office until his or her successor is duly qualifiedGA-0907
Accrual of penalty and interest on delinquent ad valorem taxes after county purchases real propertyGA-0973
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financial aid, scholarships, recruitment and retention, permissibility of programs that are not race-neutral (Withdrawn by Tex.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
Allow a court to determine whether a board member vacated his position, depending on the facts of the case and the circumstances surrounding any particular litigation, an application for a writ of quo warranto, a declaratory judgment, or an injunction mightGA-0907
Annexation election without a voter petition, section 130.068(a)-(b) of the Texas Education Code authorizes under specified circumstance the governing board of a junior college district to call or orderGA-0452
Annexation election, under chapter 130 of the Texas Education Code a junior college district may not conduct annexation election where territory includes more than one school district or countyGA-0453
Complaints about religious institutionsí secular programs of study, the Higher Education Coordinating Board may handleGA-0902
Delinquent local maintenance taxes, governing body of junior college has authority to pledge as security for loanDM-0178
Disannexation of portion of community college district requires specific statutory authorizationJC-0262
Disannexation, school district's authority to dissolve its participation in junior college districtDM-0297
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 CollegeGA-0786
Economic development corporation, authority to contribute funds to public junior college centerLO97-061
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
Funds donated to junior college for scholarships are not general college assets, and hence consolidation with other scholarships held by nonprofit foundation does not implicate constitutional restriction on gift or grant of public money to private entityJC-0138
Funds donated to junior college for scholarships, because impressed with charitable trust, may be consolidated with funds held by private nonprofit foundation through court-proceeding substituting trustees of nonprofit for trustees of junior college, provided nature and character of funds remain the sameJC-0138
Joint-credit courses to private school students, United States Constitution does not prohibit public junior college from offeringJC-0013
Junior college districts, under Education Code chapter 130, junior college districts are "school districts" within the meaning of Texas Constitution article VII, section 3GA-0984
Land purchased by community college is not "school land" within article VII, section 6 of Texas Constitution; may be sold or leased to private foundation only if particular use is a condition of saleLO97-076
Liability insurance required to cover tort claims arising from a college districtís operation of a child-care center, whether purchase would violate article III, section 52(a) of the Texas ConstitutionGA-0830
Meeting of governing board of single institution of higher education, special notice provisionLO96-016
Private school students, public junior college may not at present offer joint-credit courses toJC-0013
Proceeds of loan secured by delinquent local maintenance taxes of junior college district may only be used for maintenance purposesDM-0178
Purchase of insurance contracts using designated broker of recordJC-0205
Purchasing requirements in section 44.031 of Education Code apply to community, junior, and regional college districts (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))DM-0387
Real property lease, junior college district's authority to enter into long-term lease of campus land with religious organization that would construct student center, chapel, and other facilitiesGA-0252
School district's expenditure for a scholarship program under Texas Constitution article III, section 52(a)KP-204
Service area, a junior college districtís statutorily defined service area is not extended when it provides services outside that areaGA-0314
Tax rate, a community college district may not voluntarily reduce adopted tax rate in same tax year absent express statutory authorityJC-0360
Trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authorityGA-0032
Trustee election, applicability of Election Code procedures for electing unopposed candidatesLO96-069
Trustee of junior college not barred from simultaneously serving as municipal judgeJC-0216
With regard to the language of ballot propositions about voter approval of bonds and the imposition of taxes, subsection 52.072(e) of the Election Code applies to elections governed by section 130.037 of the Education CodeGA-0922
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
Although unnecessary within context of Government Code section 411.2031(d-1), a junior college district board of trustee rule authorizing concealed handguns in its open meetings would primarily serve as means of affirming or publicizing license holder's right to carry the concealed handgun into the open meeting held on the institution's campus.KP-167
Appointing power, community college district board may not appoint a member of the board to office of interim chancellorLO92-008
Appraisal review board, regent of junior college district may not also serve on if junior college district within jurisdiction of review boardLO92-074
Attorney general opinions, junior college district trustees are not authorized requestors ofDM-0020
Incompatibility of simultaneous service as college trustee and county commissionerKP-119
The community college system must determine, in good faith and subject to review for abuse of discretion, whether the reimbursement expenditure is primarily for a college system purpose and not merely for the trustee's personal interest and that the quo warranto proceeding involved actions taken by the trustee that were within the scope of his official duties.KP-040
Training requirements for trustees of junior college, Higher Education Coordinating Board may not mandateDM-0020
Trustee of county-wide junior college district prohibited by common-law incompatibility doctrine from serving on governing board of city lying within boundaries of districtLO90-052
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
Charges not yet incurred, college may not contract with employee to deduct from salaryLO96-051
Optional Retirement Program, construction and legality of appropriations act rider decreasing state contribution for certain employeesLO96-133
Teacher Retirement System and optional retirement program, constitutionality of different rates of state contribution toLO93-048
Curriculum coordinator of educational consortium, whether an employee of member community college may serve asLO96-052
Dual employment at state university and public junior college, no bar toLO94-080
Municipal utility district board, part-time community college instructor may be compensated for service as member ofGA-0428
Nepotism law prohibits junior college from employing instructor related within a prohibited degree to a member of its governing boardGA-0415
Nepotism, college may not hire nephew of college trustee because, like school district board of trustees, board retains authority to hire employees even if it is not generally involved in hiring decisionsLO92-043
Part-time peace officers employed by junior college district, applicability of Private Investigators and Private Security Agencies Act toLO97-111
Part-time peace officers employed by junior college district, authority ofLO97-111
Tuition and Fees
Fire fighters, junior college district may not charge tuition to, regardless of residenceLO90-083
Houston Community College's "general fee" is not tuitionGA-0397
Mandatory technology fee, whether community college district may chargeDM-0450
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 science GA-0397