Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Attorney conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her countyJC-0574
Boards created on behalf of municipal water systems, statute applying conflict of interest provisions to is not retroactive and thus not applicable to San Antonio Water SystemJC-0509
Community center created by county, conflict of interest does not exist where county commissioner is manager of corporation contracting withDM-0244
Conflict of interest, former district judge employed as assistant criminal district attorneyGA-0557
Constitutional or statutory standards of conduct, whether a particular transaction or business contact would violate depends on the specific facts of the caseGA-0087
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
County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining countyGA-0241
County ethics commission statutory scheme, Legislature must resolve any inherent conflict of interest created by Requests for opinions regarding the propriety of a county attorney’s representation of a particular client in a particular circumstance should be addressed by the Committee on Professional EthicsGA-0817
Department of Information Resources, conflict of interest for board members or the executive director to receive money or other thing of value from entity that may be awarded contract by state governmentGA-0679
Directors of development corporation established under article 5190.6, Revised Civil Statutes, are subject to conflict of interest standard in Non-Profit Corporation ActJC-0338
District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interestGA-0730
Former district judge, successive employment as assistant criminal district attorneyGA-0557
Health care information council, whether person with an ownership in utilization review agent is eligible to serve onLO97-023
Interagency Council on ICF-MR Facilities, effect of conflict of interest statutes onLO90-069
Judge, disqualification or recusal ofDM-0109
Junior college trustees subject to local conflict of interest lawLO92-052
Justice of the peace, whether administering polygraph examinations for criminal district attorney's office on criminal defendants after "arraignment" and setting bond is prohibitedGA-0551
Local and federal units of government, constitutional and statutory standards of conduct for public officials do not absolutely prohibit a state legislator from representing a client's interests toGA-0087
Member of the Legislature, interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the GA-0567
Open-enrollment charter school operated by nonprofit corporation, members of board that operates open-enrollment charter school and members of school governing board are not subject to statute regulating local public officers' conflicts of interestJC-0378
Overlapping state conservation district and city, spouses holding elected offices inDM-0267
Sheriff’s duties with respect to acceptance of bonds and to bail bond forfeiture when the sheriff’s stepson and the stepson’s spouse are agents of a bail bond companyGA-0784
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 complaintsJC-0210
Validation act does not affect city council member's possible criminal liability for violating statutory conflict-of-interest requirements, but does validate council agreements although council member may have violated criminal liabilityGA-0084
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 ruleGA-0796
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 districtKP-110
Incompatibility of Offices
Common-law doctrine of incompatibility does not prohibit simultaneous employment as county employee and county budget officerKP-172
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 treasurerGA-1075
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.GA-1075
Political Subdivisions
A Property interest within the municipality's historic district owned by members of two commissions and valued over $2,500 or more is a substantial property interest for which the members must file an affidavit stating the nature and extent of the interestKP-105
Appraisal district board, assessor-collector is ineligible to serve as a nonvoting member if he or she marries an appraisal district employee who is engaged in the business of appraising property for compensation for use in proceedings under the Property Tax CodeGA-0375
Attorney acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety ofGA-0719
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 servingGA-0337
Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income isGA-0446
City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
City council member vote on removal of industrial development corporation director, conflict of interest statute does not precludeLO96-010
City council member whose spouse has substantial interest in airlines is deemed to also have substantial interest in airlinesLO98-052
City council member, eligibility to vote on matter affecting subdivision in which member residesLO96-049
City council member, whether membership in volunteer fire department violates doctrine of incompatibility or implicates disclosure rule of chapter 171, Local Government CodeLO94-070
City not a "business entity"DM-0267
City planning and zoning commission members, subject to conflict of interest statuteDM-0309
Community property interests of public officers, relevance to conflicts of interest statuteLO93-017
Concurrent service of juvenile probation officer and school district trusteeGA-1083
Conflicts of interest of city council members, home-rule city may regulate consistently with Local Government Code chapter 171GA-0068
Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of officeGA-0671
Constable’s ownership of wrecker service is not prohibited by chapter 171 of the Local Government Code GA-0510
County ambulance driver, whether county commissioner may serve asJC-0061
County auditor also may serve as executive director of private, nonprofit housing corporation if complies with conflict of interest lawsDM-0303
County commissioner and judge oath of office prohibition on contracts with the county repealed to the extent it conflicts with statute governing local public officials' conflicts of interestDM-0279
County commissioner oath of office, chapter 171 of the Local Government Code does not repeal with respect to employment relationship between commissioner and countyJC-0061
County commissioner, whether being paid for representation of indigent defendant is a conflict of interestLO94-055
County commissioner, whether decisions involving brother-in-law as investigator for district attorney constitute conflict of interestLO94-055
County commissioner, whether voting to approve salary and expenses of sister as county attorney is a conflict of interestLO94-055
County contracts, County Purchasing Act and Professional Services Procurement Act authorize county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employeesJC-0521
County judge who owns a substantial interest in the business entity, business entity may sell fuel and oil products to the county only if has filed requisite affidavit and abstains from participation in the matterGA-0136
County judge, effect of his wife's receipt of reimbursement from county for expenses incurred under contract between county and state agencyLO93-017
County real property, whether county commissioner may lease; relationship between chapter 171 of the Local Government Code and commissioner oath of officeGA-0090
County salary grievance committee member is not barred from voting on own salary grievance by statute regulating conflict of interest involving local officersLO98-097
Depository, section 131.903 of the Local Government Code, not chapter 171 of the same code, governs conflicts of interest in county's selection ofLO97-093
Determination of taxpayer protest before appraisal review board, member of board may not appear before the board either in capacity as court-appointed receiver or registered property tax consultant inDM-0259
Director of Mountain Peak Special Utility District need not disclose his interest in or abstain from voting on matters involving City of Midlothian, of which he serves as an employeeGA-0195
Director of navigation district not disqualified by union membership from voting on board businessLO94-012
Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply withGA-0446
Emergency services district (ESD) is not a business entity within Local Government Code chapter 171GA-0360
Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty toGA-0446
Executive director of corporation, mayor of city that creates industrial development corporation is not prohibited from serving as, but he may in certain instances be obliged to disclose his relationship when city council considers matters involving the cJC-0547
Further participation in a matter, whether prohibition on bars interested public officer from attending executive session relating to matterGA-0334
Gulf Coast Waste Disposal Authority, director of is subject to local public officer conflict of interest statuteLO98-124
Husband of curriculum coordinator of educational consortium serving on governing board of participant community college district, disclosure requirements forLO96-052
Incompatibility of office, remedy for conflict of interest does not cureLO95-052
Invoice submitted from Wood County Industrial Commission, conflict of interest law does not preclude commissioners court from paying invoice even though it is from an inn owned in part by member of the Industrial CommissionLO98-112
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 inJC-0407
Members of the Beaumont Planning and Zoning Commission and the Beaumont Historical Landmark Commission are local public officials subject to Local Government Code chapter 171KP-105
Municipal housing authority, board member may not contract with to sell services to housing project or subsidiary corporations established by authorityLO97-056
Municipal housing authority, employee may not lease or purchase home included in housing project administered by related nonprofit housing corporationJC-0018
Municipality generally is not a "business entity" for purposes of the conflict of interest provisions of chapter 171 of the Texas Local Government CodeGA-0826
Nonprofit, no-share corporation, city commissioner may serve as director provided he or she receives no compensation or other remunerationDM-0194
Notify persons of applicability of chapter 176 of the Local Government code, local governmental entity has no affirmative duty toGA-0446
Oath of office applies to contract of county judge's relative only if county judge has interest in the countyJC-0121
Oath of office precluding contracts with county, county commissioner who contracts with tax assessor-collector for installment payment of delinquent taxes does not violateLO96-135
Oath of office prohibits county judge from signing as a surety on a bail bond in the county; chapter 171 of Local Government Code does not apply and therefore does not provide mechanism to avoid conflict of interestJC-0121
Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176 of the Local Government CodeGA-0446
Pilot board, navigation and canal commissioner who owns shipping company may not serve onLO93-001
Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply toGA-0446
Property tax consulting services in taxpayer protest, member of appraisal review board who has performed services must disclose nature and extent of interest if member has substantial interest in business entity or real property involved in the matterDM-0259
Realtor for seller of property to appraisal district, it is a question of fact as to whether member of district board violates either Local Government Code or Tax Code conflict of interests provisions by acting asJM-1187
Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity'sGA-0446
Road commissioner, county commissioner in his or her capacity as ex officio may not purchase, authorize purchase of, or participate in decision to purchase auto parts from corporation in which he or she owns a substantial interestJC-0100
School board trustee's spouse's employment with corporation that contracts with school districtLO95-080
School district board, prohibition on entering into contracts in which trustee or spouse has a "significant interest"DM-0240
School district employee who is also city council member may participate in city council actions affecting school districtGA-0031
School district trustee, eligibility to accept employment with law firm representing textbook publisherLO95-023
School trustee must, under certain circumstances, disclose interest in contract with school district regarding his serving as umpire at district baseball gamesGA-0127
Setting salaries of county court-at-law judges and salary supplements for district court judges, commissioners court does not have "constitutional conflict of interest" inDM-0011
Sheriff, service as member of volunteer fire department is permissibleLO93-054
Substantial interest in business entity through receipt of income is based on person's receipt of income during twelve-month period prior to the time that the governmental body takes up matter affecting business entity JC-0063
Substantial interest of public official's minor child or dependent child in business entity, computation ofJC-0063
Substantial interest, officer does not have in brother's law firm by virtue of familial relationshipLO97-028
Tax abatement agreement for land in which board member has interest, navigation district's authority to executeLO93-035
Tax abatement agreement relating to property in which county commissioner has an interest, whether county may executeLO98-001
Tax abatement agreements, authority of commissioners court to grant when the subjects of the agreement are fixtures and improvements owned by a wind turbine company and are to be located on the property of a member of the commissioners courtGA-0600
Tax abatement, property not eligible for if owned or leased by member of the governing body of the municipality that grants abatements (Clarified by Tex. Att'y Gen. Op. No. JC-0236 (2000))JC-0155
Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code isGA-0446
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 inJC-0407
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 systemJC-0585
Whether local public officials under chapter 171, Local Government Code must abstain from voting on matters involving their property interest is a fact question outside the purview of an attorney general opinionKP-105
Zoning matter affecting territory in which member's residence is located, circumstances under which city council member of home rule city might choose to abstain from voting onDM-0130
Alcoholic Beverage Commission, member of may not directly or indirectly invest in business engaged in sale of alcoholic beveragesDM-0310
Bank's linked deposit contracts, board member of Texas Agricultural Finance Authority employed by bank would have pecuniary interest in and contracts would be invalid under common-law conflict of interest rulesLO97-052
Conflict of interest arising after contract formation does not invalidate pre-existing contractGA-0351
Contract with bank of which regent of Texas Woman's University is officer and employee, university board of regents may not enter intoJC-0426
Department of Housing and Community Affairs, eligibility of city employee to serve as public member of board of directors of DepartmentLO96-043
Examiners in the Fitting and Dispensing of Hearing Aids, members of Board may not be employed by hearing aid companyDM-0018
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
Institution of higher education, selection of depository by governing board is subject to common-law conflict of interest rule and is not modified by provision applicable to state agency depositoryJC-0507
Law firm, common-law doctrine of conflicts of interest precludes university system from contracting with law firm in which a member of the board of regents is a partner and precludes payment for any work performed by firmLO93-012
Nonprofit business, whether Department of Commerce employee or officer may have an interest inLO93-052
Performance bonds and casualty insurance, Board of Criminal Justice may not contract with construction company in which board member has financial interest through providingLO97-072
Post-employment restrictions applicable to employee of Public Utility CommissionDM-0209
Teacher Retirement System of Texas, eligibility of board member to serve when spouse receives retirement benefits from the SystemLO96-142
Trade association, individual who is not member of board of directors of or listed in bylaws as officer may serve on Board of Physical Therapy ExaminersLO98-054
Trade association, whether Texas Fire Chiefs' Association, Texas State Association of Fire Fighters, State Firemen's and Fire Marshals' Association of Texas, or Texas Association of Fire Educators isJC-0067