Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she residesJC-0483
Ad valorem tax, The Texas Supreme Court has not determined whether the Constitution impliedly prohibits the Legislature from allowing a political subdivision to impose ad valorem taxes absent express constitutional authorizationGA-0626
Advanced Placement Incentive Program, terms under which public school teacher may receive payment under section 521.126 of Education CodeGA-0204
Advanced Placement Program, a payment to a public school teacher under section 521.126 of the Education Code serves a public purposeGA-0204
Alcoholic beverage sales, preemption of municipal ordinance regulating location ofDM-0289
Amend or enact general law, Central Education Agency rider contained in General Appropriations Act for 1991-1992 fiscal biennium attempts to and is therefore invalid under article III, section 35(a)DM-0093
Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas ConstitutionDM-0466
Anti-bribery statement signed by public officers before taking oath of office, state-level officers must file with secretary of stateJC-0575
Any law that voters see fit to approve, Texas Constitution may be amended to createDM-0495
Apportionment requiring election of new senate, legislation changing two senatorial districts constitutesDM-0351
Apportionment requiring election of new senate, whether court-ordered boundary changes in two senatorial districts constitutesLO95-046
Appropriation bill, in order to exceed Comptroller's revenue estimate, must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each houseGA-0054
Appropriations act rider authorizing Texas Public Finance Authority to issue revenue bonds to finance construction of state office building in Nueces County, validity ofLO93-013
Appropriations act rider prohibiting purchases from companies found guilty of unfair business practice, validity ofLO96-079
Arbitration requirement for seed performance disputes does not violate open courts provisionDM-0003
Article 4, section 14 of the Texas Constitution, the Governor may veto items of appropriation, which is a designation of funds for a specific purposeKP-048
Article I, section 16 of the Texas Constitution, metropolitan rapid transit authority may charge a withdrawn city for transportation services provided to persons with disabilities pursuant to sections 451.610 and 451.616 of the Transportation Code, even if city withdrew from authority prior to enactment of sections 451.610 and 451.616 of the Transportation Code, without violatingGA-0833
Article I, section 32 of the Texas Constitution, political subdivisions are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant toGA-1003
Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose.KP-007
Article IV, section 26 concerning notaries publicGA-1095
Article XI, section 5 - Only Austin's qualified voters may vote in an election to amend the Austin city charter under article 11, section 5.GA-1031
Article XVI, section 50 - home equity lendingKP-183
Asylum fund, whether land donated to State Orphans Home must be placed inLO93-046
At will employees, whether employees of Department of Mental Health and Mental Retardation areLO95-063
Available school fund, constitution does not permit school land board to transfer funds from permanent school fund to available school fundGA-0617
Bingo, organizations that may conduct limited to those specified in Texas ConstitutionDM-0083
Certain boards that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30aGA-0021
Certain boards that are not "required by this constitution," legislature must increase or decrease number of board members to comply with article XVI, section 30aGA-0021
Charitable organization created under Health and Safety Code section 281.0565 as a "political corporation or subdivision" under Texas Constitution article III, section 52(a)GA-1071
Common meaning, we must construe words used consistently with theirJC-0346
Concurrent resolution may be evidence of legislative intent but is not state law; article III, section 30 requires that laws be passed by billDM-0197
Consolidate counties, legislature may notDM-0252
Constitutional challenge, Legislature’s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand aGA-0774
Conveyance of public money or thing of value, authority of counties to contractually provide county law enforcement services to a nongovernmental associationGA-0553
Conveyance of thing of value, authority of county to purchase and then lease generator to a radio stationGA-0583
County business under article V, section 18b, legislature not prohibited from authorizing commissioners court to improve city streets unconnected with county road system if county derives a benefit from improvement so as to constituteJC-0036
County gaming districts, absent a constitutional amendment the legislature may not authorize creation of such districts on a local option basis to administer a state video lotteryGA-0358
County labor and equipment, a commissioners court, acting on behalf of the county, may use solely for a public purposeJC-0329
County labor and equipment, an individual county commissioner may not use to open and close graves in a private cemeteryJC-0329
County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources fromGA-0616
County-paid employees may perform private work in county attorney's private practice of law provided county commissioners court has approved the practice prior to the time attorney renders services to countyLO93-051
Day care center for children of state employees, no constitutional prohibition on enrollment of nonstate employees' childrenLO94-036
Delegation of authority, statute authorizing General Land Office to select a tract of state-owned land to place in permanent school fund in exchange for tract to be patented out lacks sufficient standards to be constitutionalJM-1242
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 1GA-0033
Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landownersJC-0402
Department of Health rider that changes trauma care allocation formula is invalid as attempt to amend general lawJC-0178
Department on Aging, rider which requires Department to use service standards, procedures, etc., of Department of Human Services contravenes Texas ConstitutionDM-0116
Disability benefits that a retirement system determines are no longer payable under the terms of the retirement system as those terms existed on the date the retirement system began paying the disability benefits, article XVI, section 66 does not apply toGA-0227
Disability, meaning of for purposes of homestead exemption, article VIII, section 1-bLO95-060
Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of the Texas ConstitutionJC-0101
Drug testing policies proposed by municipality and state universityDM-0121
Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirementsJC-0070
Election of new senate subsequent to federal court order changing district boundaries, whether Texas Constitution requiresLO95-046
Elections implementing a tax freeze under article VIII, section 1-b(h), home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply toGA-0269
Emergency medical services or First Responder services, article IX, section 9 of Texas Constitution does not exclusively authorize a hospital district to provideJC-0420
Employing local public officials, legislator is not prohibited by article XVI, section 40 fromLO98-039
Equal and uniform requirement, if its sales and use tax at different rates in different subregions falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable, Regional Transportation Authority’s sales and use tax levy does not violateGA-0653
Ex post facto prohibitions, Texas Government Code section 51.608 authorizes assessing nonpunitive court costs based on statutes existing on the date of conviction and therefore does not violate ex post facto prohibitions in the United States and Texas ConstitutionsGA-1034
Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law would require factual determinations that cannot be made in attorney general opinionDM-0042
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
Firearms, municipal housing authority may not regulate tenants' legal possession ofDM-0071
Gaming activities that do not comprise elements of a lottery, authority of the legislature to permit without constitutional amendmentJM-1267
Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28DM-0419
Grant Anticipation Revenue Vehicle ("GARVEE") bonds, whether issuance of requires amendment of Texas ConstitutionJC-0039
Home-rule city authority, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule cGA-0276
Home-rule city may not adopt an ordinance licensing tobacco product retailersDM-0182
Home-rule municipality, whether pesticide ordinance preempted by state lawDM-0221
Home-rule municipality, whether proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage CodeDM-0229
Homestead property, section 62.003 of Property Code which converts a personal property lien against a manufactured home to a purchase money lien on real property does not create a valid lien againstJC-0357
Homestead protected from forced sale for payment of delinquent special assessmentJC-0386
Homestead rights do not destroy preexisting rights, lien that attached to land prior to homestead claim that runs with the land may be enforced by foreclosureLO97-019
Homestead, a property owner may encumber the property with a covenant running with the land, which, depending on the particular instruments and circumstances involved, may be enforced by foreclosure without violating subsequent purchasers' constitutional GA-0279
Homestead, a public improvement district assessment may be enforced by foreclosure of a homestead provided that the statutory lien created by section 372.018(b) of the Local Government Code predates the date the property became a homestead and the amountsGA-0237
Hospital district's authority to lease hospital building, lease to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose" under article IX, section 9DM-0066
Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase wouldDM-0031
Incarceration of persons, authority for is a sovereign power of stateLO96-151
Instant runoff voting, home-rule municipality cannot institute because inconsistent with state constitutional and statutory requirements that municipal officers be elected by majority vote and, if no candidate be elected by a majority, that a runoff electGA-0025
Insufficient title, no law may be held void on basis ofJC-0500
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
Justice court jurisdiction of prosecution for (1) offense with nonfine sanction; (2) offense punishable by maximum fine exceeding $500DM-0320
Justice court lacks jurisdiction to issue tax warrant where amount of delinquent taxes exceeds $5,000LO96-098
Justice of the peace court original jurisdiction over fine-only misdemeanors under article V, section 19; statutory limitation in Code of Criminal Procedure unconstitutionalDM-0277
Legislation challenged under article III, section 30, validity of enrolled bill will not be impeachedDM-0263
Legislative resolution does not have force and effect of lawLO95-014
Legislature has power to enact any law that is not in violation of state or federal constitutional provisionsDM-0495
Limit on power does not prohibit legislature from enacting laws that provide additional limitations on powerJC-0009
Local civil service commission may not adopt rules that awards additional points to applicants on the basis of residency within the municipalityGA-0586
Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constituteDM-0474
Local or special law, test of whether law is general or specialDM-0453
Lottery, operation of slot machines does not constitute for purposes of article III, section 47DM-0302
Motor-vehicle-registration fees may not be used to fund trauma facilitiesGA-0023
Municipal retirement systems, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employeesGA-0615
Non-delegation, authority of counties to contractually provide county law enforcement services to a nongovernmental associationGA-0553
Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority toGA-0979
Occupation tax, racetrack admission fee collected by Harris County to distribute to municipalities constitutes because municipalities have no authority to regulate racetrack outside their jurisdictionJC-0001
Open courts provision requires fees charged to litigants to be used only to support judiciaryGA-0340
Open courts provision, family protection fee revenues may be used for court-related purposes without contraveningGA-0231
Open courts provision, statute that attempts to limit liability of excursion train operators probably violatesDM-0403
Optometrists' authority to administer or prescribe drugs or physical treatments, article III, section 51-a does not precludeDM-0152
Outdoor shooting ranges, regulation by reference to standards of National Rifle Association is unconstitutionalDM-0159
Permanent school fund, accounting methodology for calculating market value for distribution to available school fund GA-0516
Permanent school fund, acts of General Land Commissioner do not estop state from recovering improperly conveyed lands forJC-0069
Permanent school fund, conveyance of state-owned submerged lands from requires compensation to fund JC-0069
Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund GA-0516
Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands without compensating the Fund violates article VII, section 4 of the constitutionGA-0407
Posthumous pardons, the Texas Constitution does not limit the Governor's authority to grant posthumous pardons as long as all other constitutional requirements are metGA-0754
Proceeds from the sale of agency salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes and, for sales occurring on or after September 1, GA-0143
Property tax abatement agreement, county may not amend retroactively after liabilities for a given tax year are due and owingGA-0134
Property tax exemption, maximum authorized amounts for disabled veteransGA-0676
Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule municipality under article VIII, section 1-b(h), may not be repealed by an election called pursuant to a petition of the city's votersGA-0222
Property tax freeze for persons with disabilities or persons sixty-five years of age or older, article VIII, section 1-b(h) of the Constitution does not permit a county, a city or town, or a junior college district implementing that provision to use a yeaGA-0222
Property tax freeze for persons with disabilities or persons sixty-five years of age or older, the tax limitation in article VIII, section 1-b(h) of the Constitution is available to a city that has not previously enacted a residence homestead tax exemptionGA-0363
Property tax freeze, article VIII, section 1-b(h) of the Constitution authorizes a governing body of a home-rule municipality, on its own motion and without a petition from the city's voters, to call an election to adopt a tax freeze for persons who are dGA-0222
Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirementsGA-0992
Protested proposed replat, requirement that it be approved by at least three-fourths of all members of municipal planning commission or governing body, or both, is not unconstitutionalLO93-014
Public free schools, efficient system ofGA-0009
Public funds, grant of county funds to school district or charter schoolGA-0664
Racing Act delegates legislative authority without sufficient standards to allow Racing Commission to regulate nonpari-mutuel racetracksJM-1134
Raffle-style game, Lottery Commission may not operate GA-0592
Randall County may divide itself into fewer than four justice of the peace and constable precincts, but must remain divided into four commissioner precinctsJC-0217
Redistricting, when constable's precinct is abolished by redistricting, article V, section 18(c) of Texas Constitution provides that constable will serve out term in precinct where he or she residesJC-0462
Release of obligations, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55GA-0071
Residency requirement for applicants for liquor license, constitutionality ofDM-0361
Resign to run, legislator that announces candidacy for Governor during the first year of a two-year term is not required to immediately resign from House of RepresentativesGA-0698
Retirement systems, a retired City of Houston employee may not receive benefits from multiple retirement systems for the same serviceGA-0221
Retirement systems, delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of TexasJC-0043
Retroactive compensation, county civil-service commission or sheriff's department civil-service commission may adopt rule permitting award of back pay in certain circumstances without contravening constitutional prohibition ofJC-0529
Retroactive law that is necessary to safeguard public safety and welfare prevails over constitutional prohibition against retroactive lawsJC-0515
Retroactive tax exemptionGA-0194
Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas ConstitutionGA-0378
Rider that requires official to file financial statements with his board exceeds statutory directive and is therefore invalidDM-0081
Rider to appropriations act, constitutionality ofJC-0448
Sale of building located on a city street to a private entityGA-1084
School district's payment of legal fees of claimant against whom it has prevailed in court is gratuitous donation of public funds in violation of article 3, section 52GA-0062
School district’s expenditure of funds for city-mandated infrastructure will not violate article III, section 52 of the Texas Constitution, if school district determines that paying the city for infrastructure costs accomplishes a public purpose and that it otherwise meets the requirements established by the Texas Supreme CourtGA-0850
School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality ofJC-0152
School land, real property purchased by community college does not constituteLO97-076
Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speechGA-0658
Sick leave pool may not be structured to provide extra compensationDM-0129
Speaker of the House serves a definite term of office under article III, section 9(b)GA-0584
Special assessments are not "taxes" within constitutional provisionsJC-0386
Special law, tax exemption for specific, named private entity constitutesDM-0432
Takings Clause, article I, section 17, Texas Constitution - Tree preservation ordinances, a court could find a regulatory taking if all economically beneficial or productive use of land is denied or if the ordinance unreasonably interferes with a landowner's right to use and enjoy their propertyKP-155
Tax exemption not available for property used as waste disposal site for materials dredged from Intercoastal WaterwayDM-0301
Tax exemption, tests for determining exempt status of building owned by municipal hospital authority but leased in part to private long-term health care companyJC-0571
Tax increment bonds, authority of counties to issueGA-0981
Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas ConstitutionJC-0152
Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule city lacks authority to extend a zone's duration beyond the termination date established in the ordinance designating the zoneGA-0276
Tax-exempt status of privately used commercial projects under Development Corporation Act of 1979 GA-0522
Taxation methods for calculating "net to land" in determining appraised value of open space land, constitutionality ofDM-0355
Taxation of publicly-owned property leased to private party or another political subdivisionDM-0188
Taxation, personal property that is not required to be rendered for taxation is not thereby exempt fromGA-0484
Taxation, statute requiring chief appraisers of overlapping appraisal districts to enter into their districts’ appraisal records the lowest appraised and market values from all the values determined by each appraisal district does not violate article VIIIGA-0317
Texas Automobile Insurance Plan, rule vesting amendment power over in group of private insurers is unconstitutional delegation of legislative authorityDM-0135
Texas Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud.KP-099
The article XVI, section 40 prohibition against dual office holding does not apply to the office of justice of the peaceGA-1005
To the extent that a sitting justice of the peace holds dual offices by also serving as a temporary justice under Government Code section 27.055, a court would likely conclude that doing so is constitutional under the exception provided in article XVI, section 40GA-1005
Traffic fines collected on interstate highways, bill exempting larger cities from having to share with state is not local or special law prohibited by article III, section 56JM-1200
Travel trailers, taxation as personal property does not violate "equal and uniform" taxation provision of Texas ConstitutionJC-0150
Unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose GA-0652
Unconstitutional local or special law, test is whether there is a reasonable basis for the classification and whether the law operates equally on all within the classGA-0670
Vacancies on the Texas Higher Education Coordinating Board, the Governor may fill as provided by lawGA-0829
Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rightsJC-0302
Vested right, retroactive law is unconstitutional only if it impairsGA-0356
Viatical settlements, constitutionality of statute authorizing Department of Insurance to regulateDM-0314
Video lottery terminals, legislature barred by article III, section 47(e), Texas Constitution, from authorizing state to operateGA-0103
Water Commission, rule-making delegation to does not violate Texas ConstitutionDM-0054
Bill of Rights
Ad valorem tax on motor vehicle leased to person who uses it for personal purposes, constitutionality under equal rights provisionLO96-030
Cathedral, constitutional question raised if public funds were appropriated to restore or preserveJC-0578
Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guaranteesDM-0427
Confidentiality provision, to the extent amendment repealing has some retroactive effect, it does not violate prohibition against retroactive lawsGA-0149
Court costs for teen court program, imposition does not contravene due processDM-0372
Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violateDM-0414
Due process is not violated when municipal annexation causes territory to be subject to a sexually oriented business ordinance that is less stringent than county ordinance previously in effectDM-0399
Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit receivedDM-0453
Due process, school district's seizure of leased paging device in possession of studentDM-0352
Due process, takings, solid waste hauler lacks vested right in contracts to haul waste in areas annexed by municipalityLO97-037
Equal protection guarentee under article I, section 3 is analyzed using federal equal protection standardsGA-0573
Equal protection, county employees' incentive plan does not violate constitutional guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners courtGA-0492
Equal protection, whether article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days of request in less populous countJC-0549
Equal protection, whether statutory indigency standard for appointing counsel for indigent criminal defendant violatesJC-0549
General arbitration statute does not contravene "open courts" provision of Texas ConstitutionDM-0127
Impairment of contract, decrease in state contribution to higher education optional retirement system does not constituteLO96-133
Impairment of contract, municipality's displacement of solid waste hauler pursuant to statutory authority following annexation of service area does not constituteLO97-037
Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constituteDM-0299
Jury trial, defendant charged with misdemeanor in justice court is entitled to under article I, section 10 of Texas ConstitutionLO97-097
Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels ofJC-0125
Petition and remonstrance, whether former general counsel of Department of Insurance has constitutional right to appear before Department in his own behalfLO95-079
Policy requiring certain probationers to conform to dress and hair code, constitutional if designed primarily for rehabilitation and protection of public, and is reasonably related to such endsLO93-095
Probation condition that restricts right to free expression or privacy, validityDM-0437
Property Code section 202.006 is not a bill of attainder prohibited by the Texas or United States ConstitutionsGA-1054
Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))JM-1274
Regulatory takings challenge, a court considering challenge would use federal framework examining: (1) regulation's economic impact on claimant; (2) the nature of the governmental action; and (3) regulation's degree of interference with property owner's economic expectations."KP-133
Religion, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campusGA-0252
Remonstrance, individual's right ofGA-0240
Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adoptGA-0526
Retroactive law and impairment of contract, amendments to statute governing purchases made with forfeited funds would constitute if applied to purchases made by district attorney prior to effective dateJM-1218
Retroactive law, investigation of chemical dependency counselor for conduct occurring before effective date of statute penalizing conductLO94-013
Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutesDM-0493
Retroactive laws, construction of statute prohibiting certain deed restrictions asGA-0780
Roadblocks set up by game wardens may be subject to challenge under article I, section 9 of Texas Constitution even if permissible under United States ConstitutionLO94-026
Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaintJC-0204
Slayer’s Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child under circumstances not within the GA-0632
Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutionalDM-0410
Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constituteDM-0474
Takings, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053GA-0835
Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent toJC-0021
Oath of office - election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1.KP-140
Equal Protection
Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.GA-1013
Incompatibility of Offices
College trustee and county commissioner, simultaneous service asKP-119
Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a) from serving the county in other official capacitiesGA-1075
Public Officeholders
Appointed members of Peace Officers' Memorial Advisory Committee continue to serve after end of term until replaced or reappointedLO95-039
Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"DM-0428
Appointee to office of sheriff entitled to serve until successor has qualified, and successor may not assume office until January 1 of year following general electionGA-0263
Article XVI, sections 30 and 30a, members of advisory boards and advisory commissions are not "officers" for purposes ofGA-0021
Automatic resignation by criminal district attorney who files formal application to run for school district trustee pursuant to article XVI, section 65LO96-011
Automatic resignation of city council member, city that fails to hold a special election to fill vacancy within 120 days after the date of the automatic resignation may not avoid holding a special election until member's term expiresJC-0318
Automatic resignation of city council member, vacancy must be filled by special election rather than by appointmentJC-0318
Automatic resignation of justice of the peace with more than one year remaining in term upon filing application for candidacy as school trusteeLO96-083
Automatic resignation provisions of article XVI, section 65, act of seeking political party's executive committee's nomination to be the party's general election candidate for a new office does not trigger (Tex. Att'y Gen. Op. No. JM-132 (1984) and Tex. JC-0249
Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17DM-0377
Automatic resignation, city commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11JC-0403
Automatic resignation, county judge who seeks gubernatorial appointment is not subject toLO96-107
Automatic resignation, municipal officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 daysJC-0403
Automatic resignation, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacyGA-0210
City commissioner, article XVI, section 40 bars teacher employed by Texas State Technical College from serving as if he or she receives a salary from city for doing soLO93-037
City council member who is employed by a school district as a coach may be a schoolteacher for purposes of article XVI, section 40(b)(1) of the Constitution if participating students receive credit for participationGA-0530
City council member whose current term is uncompensated, article III, section 19 of the Texas Constitution does not render ineligible to serve in the Texas Legislature; "term" is not synonymous with "tenure"GA-0421
City council member, eligibility to run for state legislature after resigningLO95-069
City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)GA-0985
Civil office of emolument, teacher employed by Texas State Technical College does not holdLO93-037
Civil office of profit under article III, section 18, Chancellor of Texas Tech University System does not holdLO96-080
Composition of Fire Department Emergency Board does not violate constitutionLO90-044
Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government CodeGA-0933
Constable's duty to serve following redistricting that abolishes the constable's precinctGA-0550
Constables, legislative authority to enact qualificationsDM-0322
County attorney appointee must have resided in county for six months immediately preceding date of appointmentLO95-086
County law enforcement official entitled to medical expenses and salary when injured in course of official duties under article III, section 52e, jailers, detention officers, and correctional officers employed by sheriff qualify as LO93-062
County law enforcement official injured in course of official duties, county may not reduce article III, section 52e salary payment due to employee's tax statusLO93-062
De facto status of elected officer who did not file signed oath of office statement required by article XVI, section 1LO96-056
Deputy constable not required to reside in precinct for which he was appointedJC-0148
Dual office holding provision article XVI, section 40 equates the term "salary" with the more comprehensive term "compensation"LO94-072
Employment with the state, city commissioner who accepts does not automatically forfeit his or her position and may continue in both positions if he or she renounces salary, and monies that city commissioner receives as expenses do not exceed actual expenses incurredLO93-037
Fee for delivering a notice to vacate premises, whether a constable may retain in addition to his or her salaryGA-0364
General law water district, state employee may serve as member of board of directors only if he receives no compensation other than reimbursement of actual expensesLO98-011
Governor may not pardon person who has completed deferred adjudication community supervision and who has been discharged after dismissal of chargesDM-0349
Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas ConstitutionGA-0205
Hold over in office under article XVI, section 17, officer who resigns to run for another office continues toDM-0377
Hold over in office, municipal court judge who is not reappointed does not hold over even when successor is not timely appointedLO97-020
Hold over in office, public members of county salary grievance committee must when no grand jury convened in county during past yearLO96-067
Hold over provision of Texas Constitution overrides municipal charter provision for automatic vacationLO96-014
Hold over provision requires officer who has resigned to continue to serve, but officer may not withdraw effective resignation due to hold over statusDM-0406
Hold over, whether disqualified officer holds over depends upon application of constitutional removal requirementsDM-0493
Holds over in office, incumbent municipal officer whose term is set by charter at more than two but no more than four years (assuming incumbent's term of office has not yet expired) holds over in office despite receiving a plurality, not a majority, of thJC-0293
Justice of the peace fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice to retain fees in addition to salaryGA-0145
Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrateGA-0193
Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety does no operateGA-0365
Legislator's interest in contract with state or county where corporation's stock is owned by spouse of legislatorLO95-033
Legislator's service as independent contractor for county, whether it is a "position of profit under this State"LO95-022
Legislators, Texas Constitution does not preclude payment of their legislative expenses during interimDM-0023
Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting BoardJC-0388
Member of board of Historical Commission, eligibility to serve as legislator during term for which appointed to CommissionLO95-050
Member of Board of Physical Therapy Examiners holds an "office of emolument" and is prohibited by article XVI, section 40 from simultaneously serving as county clerkLO98-055
Oath of office, whether city police officers must take; validity of arrests by police officer who did not file written statement required by Texas ConstitutionDM-0381
Oath of office, whether DPS commissioned peace officer is public officer required to takeGA-0365
Officeholder, alternate election judge who is appointed to a single election is not anLO96-081
Precinct chair of a political party is not a public office, and accordingly candidacy for by city official does not trigger resign-to-run provisions of Texas ConstitutionJC-0562
President pro tempore of the Senate does not serve a definite term of office under article III, section 9(a)GA-0584
President pro tempore of the Senate is not a state officer subject to impeachment under article XV, section 7GA-0584
Public office for purposes of article XVI, section 40, municipal judges holdsDM-0428
Public office, Aldine standard established by Texas Supreme Court is standard in Texas to determine, under article XVI, section 1, Texas Constitution, whether an individual holdsGA-0365
Recall election, city council members removed from office in recall election do not hold over until their successors are qualifiedGA-0175
Recess appointee is ipso facto nominated to the Senate if the governor fails to nominate appointee or some other person during first ten days of legislative session (Affirmed by Tex. Att'y Gen. Op. No. JM-1179 (1990))JM-1161
Recess appointee whose appointment is not acted on by the Senate in legislative session following appointment loses appointment upon adjournment of session and does not hold over in office (Affirmed by Tex. Att'y Gen. Op. No. JM-1179 (1990))JM-1161
Removal requirements, statute disqualifying certain officers construed to incorporateDM-0493
Residence, school board trustees must reside within school districtLO92-019
Resign to run, authority of home-rule city to provide in city charter for automatic resignation of mayor or council member who runs for another officeGA-0217
Resign to run, police officers who are not officers are not subject to automatic resignation under article XI, section 11GA-0217
Resign to run, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacyGA-0210
Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner’s seat under particular circumstancesGA-0769
Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutesDM-0493
Rules of the Senate or House, the constitutional separation-of-powers doctrine precludes the Attorney General from construingGA-0584
Senate confirmation, whether member of nonprofit corporation appointed by the governor is a state officer subject toJC-0345
Serving as the state chair of a political party, because the state chair of a political party does not hold an office or position under this State a member of the Legislature is not barred from under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution fromGA-0880
Speaker of the House is a state officer subject to impeachment under article XV, section 7GA-0584
State employee who serves on board of directors of a municipal utility district may not receive compensation in form of a per diem under article XVI, section 40LO94-072
State senator elected at November 2000 general election is not eligible to be appointed to position that requires Senate confirmationGA-0006
Term of office established by constitution may not be shortened by legislatureJC-0519
Under Texas Constitution art. XI, section 11(a), home-rule municipality may not change its city council terms from three years to four years without charter amendmentGA-0985
Vacancy on municipal governing body where officers hold terms longer than two year must be filled under article XI, section 11(b) of the constitution, which prevails over inconsistent city charter provisionsGA-0585
Voting ex officio members of boards or commissions are included in determining number of members of board or commission for purposes of article XVI, section 30aGA-0021
Withdrawal of candidacy for second office does not revoke automatic resignation from first office under "resign-to-run" provisionLO94-059
Article XI, section 11(b) of the constitution applies to all vacancies in office, not just those created by operation of article XVI, section 65GA-0585
Campaign treasurer appointment filing, constitutionality ofGA-0643
Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas ConstitutionGA-0643
Separation of Powers
A court would likely hold that a judge's award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1GA-1000
Advisory councils, legislature's delegation of rulemaking authority to does not violateDM-0430
Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provisionJC-0563
Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branchesGA-1000
Article II, section 1, Texas Constitution - a court is unlikely to conclude that Senate Bill 1876 from Eighty-fourth Legislature is unconstitutional under, or unconstitutionally vagueKP-071
City council member whose current term is uncompensated, article III, section 19 of the Texas Constitution does not render ineligible to serve in the Texas Legislature; "term" is not synonymous with "tenure"GA-0421
County and district clerks required to deliver abandoned funds to comptroller without further court order, statute does not violate separation of powersDM-0348
Delegation of authority to state agency to grant exemptions to pollution-control statutes and rules does not violateDM-0474
Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not violate separation of powersGA-0205
Gubernatorial appointment to Coastal Coordinating Council, whether subject to senate confirmationLO95-024
Municipality may not finance acquisition of school facility to be leased by school district solely for educational purposesJM-1255
Score and rank applications for low-income-housing credits based in part on written statements from state elected officials, statute which requires Texas Department of Housing & Community Affairs to do so does not violate article II, section 1, Separation of Powers doctrine of ConstitutionGA-0455
Statute that appears to delegate authority to private entity which promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment must be construed to incorporate only those editions of codes thatJC-0510
State Lottery
Texas Triple Chance, a court is unlikely to conclude that a game is unconstitutional merely because it awards a preset prize amount regardless of the number of tickets purchased or because it does not carry forward any unpaid prize money to be awarded to an eventual winnerGA-1074
Taxes and Exemptions
A county equalization tax under former chapter 18, Education Code, appears to provide a county school board operating thereunder meaningful discretion with regard to the tax such that a court could determine that the tax is not constitutionally infirm under article VIII, section 1-e.KP-101
Ad valorem property tax exemption for higher education institutionsKP-066
Article VIII, section 1-b(h)Texas Constitution, a municipality with an ad valorem tax rate of zero, upon receiving a properly filed petition from five percent of authorized voters, must hold an election to determine whether to freeze the total amount of ad valorem taxes imposed on property that is subject to a residence homestead exemption owned by a person that is disabled or is 65 years of age or older underGA-1070
Local option homestead exemption from the amount that was adopted for the 2014 tax year through the 2019 tax year; Tax Code subsection 11.13(n-1) prohibits a school district, municipality, or county from repealing or reducing theKP-072
Use of Public Funds
Abatement of delinquent ad valorem taxes, municipality has no authority to allowLO95-090
Absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.KP-004
Absent educational purpose, use of school district's public funds to transport students and employees to and from polling places violates Texas Constitution article III, section 52KP-177
Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensation for additional work performed without violating article III, section 53 of Texas ConstitutionGA-0155
Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled toGA-0578
Appropriation to pay claims that are not legally enforceable obligations against the state is unconstitutional for absence of pre-existing lawJM-1181
Article 3, Section 53 of the Texas Constitution prohibits a civil service commission from granting a retroactive pay rate increase to municipal employees effective from the date of their last evaluationGA-0368
Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1KP-197
Article III, section 52 does not prohibit legislature from authorizing school districts to require outside contractors to pay their workers a minimum "poverty level wage"JC-0011
Article III, section 52(a) prohibits gratuitous payment of public funds for private purposesKP-181
Article III, section 52(a), Texas Constitution, under Texas Supreme Court test, a school district's contract for legal services would violate if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.KP-099
Article III, section 52(a), to the extent that circumstances forming the basis for an alleged violation of theTexas Disciplinary Rules for Professional Conduct suggest that an expenditure does not comport with the requirements of, a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a).KP-099
Article III, section 52(a), whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.KP-099
Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7KP-197
Article VIII, subsection 7-c(a), Texas Constitution - if Comptroller is unable to calculate deposit amount before fiscal year ends, court likely to conclude doing so as soon as possible thereafter would result in substantial compliance withKP-143
Assets of municipal health authority may be disposed of upon dissolution only for a public purposeLO95-008
Attorney fees, common law authorizes governmental body to reimburse officer's or employee's in certain circumstancesDM-0488
Attorneys fees, county may not reimburse private litigants for costs in suit involving county road right-of-wayDM-0133
Available school fund, children enrolled in prekindergarten classes are entitled to benefits ofDM-0196
Back pay, school district may award to individual indicted, terminated, and subsequently acquitted and reinstated, but is not required to do soJC-0115
Bonus or salary increase, prosecutor's employees may not receive unless bonus plan approved by commissioners court as part of compensation before services are renderedJM-1253
City may not grant public funds to school district to use in constructing buildings within city boundariesLO96-063
City may spend public funds only for a public purpose and municipal purpose and may not donate funds to a school districtJC-0212
City that builds seawall funded by assessments must maintain sufficient control over it to ensure that the public purpose is accomplished and to protect the public's interest in itGA-0528
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 controlsGA-0033
Compensating county employees for unused sick leave each year, article III, section 53 does not bar county from implementing policy prospectivelyLO98-099
Compensation to county attorney in form of equipment and services to use in private practice, permissible if county receives reasonable returnLO96-141
Compensation, retroactive increase in compensation for county employee is unconstitutional while prospective increase is notJC-0376
Conference registration and lodging fees, county probably may payJC-0080
Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility FundKP-017
Consideration, state agency contract with parents to provide community-based services to their mentally disabled child must be for performance of services that parents are not legally obligated to provide in order to be supported by sufficient consideratiJM-1216
Consideration, state university's commitment to build campus on land conveyed by municipality would satisfy constitutional constraints on municipality's use of public fundsDM-0441
Construction of improvements on leased property, expenditure of public funds forLO97-078
County education department's expenditure for a hurricane relief fund under article III, section 52(a)KP-208
County employees and equipment, whether county may authorize use of to transport agricultural commodities for a community action organizationJM-1240
County equipment, materials and labor, whether a county may maintain or work on private non-road propertyGA-0085
County funds for city streets unconnected with county road system, commissioners court may expend if expenditure serves a county purpose in accordance with article III, section 52(a) JC-0036
County funds, authority to fund water districtGA-0601
County funds, whether county's use in drug sting operation constitutes public purposeLO95-013
County permanent school fund and available school fund, distribution among school districts in a countyGA-0405
County permanent school fund proceeds, investment in mortgage-backed securities at below-market interest rate incompatible with county commissioners' trustee dutiesJC-0004
County permanent school fund, factors commissioners court may consider in distributing corpusLO98-006
County retirees' health insurance premiums, county may not agree to pay if payment would constitute unbargained-for, retroactive compensationJC-0297
County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant ofJC-0125
County vehicle, use of by county employee’s to transport a passenger who is not a county officer or employeeGA-0751
Debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7JC-0582
Delinquent taxes owed on real property with hazardous waste problems, taxing unit may not reduceLO96-099
Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52JC-0118
Direct security repurchase agreements, call option contracts, reverse, repurchase agreements, and collateralized mortgage obligations not "bonds or obligations of the United States" in which article III, sections 49-b and 49-b-1 permit Veterans Land BoardJM-1201
Distribution of extra interest to annuitants by Texas County and District Retirement System does not violate constitutional prohibition against grants of public fundsDM-0265
Division of powers between municipality and independent school district, article III, section 52-a does not overcome case law establishingJM-1255
Donation of county tax funds to private, nonprofit industrial development corporationLO96-035
Donation of salvage or surplus property by county commissioners court not unconstitutionalDM-0268
Drain services benefiting private individuals, authority of municipality to provideLO97-046
Early exit plan for school district employees, whereby certain employees receive payments from the district in return for leaving employment and other agreements, is not an unconstitutional gratuity if employees provide consideration to the district for pJC-0165
Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52DM-0185
Edwards Aquifer Authority's statutory authority to repay loan from permit fee revenues consistent with article XVI, section 59 limitations on indebtednessLO97-012
Election contest, county may not reimburse sheriff for legal fees incurred in defendingDM-0431
Employee benefits, university may include prepaid legal services coverage in benefits if university determines that expenditure serves a public purposeLO92-041
Employee gifts, county vending machine surcharge proceeds may be used to purchase in certain circumstancesLO96-136
Event of "Texas Safe Sports Week" sponsored by private foundation, school district may expend funds and other resources on related activities if the board of trustees (i) determines that any expenditure in connection with the program serves a necessary scJC-0113
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
Fire prevention district or volunteer fire department, authority of county to fundJM-1209
Flood control district agreement granting county joint use rights in property, quid pro quo contracts between political subdivisions for shared governmental purpose not prohibitedLO93-011
Free textbooks, state university may provide to scholarship students if not an extension of state creditLO94-025
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
Grants for economic development, authority of county commissioners court to makeJC-0092
Guarantee of loan to private entity barred by constitutional provision prohibiting a county from lending its creditLO90-099
Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532KP-005
Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-aJM-1227
Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposal forDM-0326
Hold and save harmless provision requiring county to indemnify another party for damages, application of restrictions on county debtDM-0467
Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)KP-116
Hospital district's authority to construct building to lease to private physicians in order to attract practitioners to underserved areaLO97-068
Hospital district’s authority to contribute funds to city for a building to house emergency medical services vehicleGA-0721
Hotel-motel tax revenues, authority of city to spend on George Bush Library at Texas A&M UniversityDM-0394
Housing expenses of visiting Army medical personnel working for hospital district on temporary basis, whether payment by hospital district is a gift or grant of fundsLO98-024
Impermissible grant of public money, use of hot check fund to pay out restitution that prosecutor, in error, failed to include in court order isJC-0168
Incentive pay in addition to regular salary is not unconstitutional retroactive pay if contract for incentive pay pre-dates performance of servicesLO92-047
Interlocal contract to maintain private roads in municipality, commissioners court may not enter intoJC-0288
Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capitalGA-0871
Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capitalGA-0871
Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to makeGA-0871
Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to makeGA-0871
Judge performing marriage for fee, whether public resources may be used in connection withDM-0397
Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrateGA-0193
Lease of county property to museum, whether county's agreement to pay certain museum expenses and to lease property for $1 comports with article III, section 52JC-0582
Leased land, article III, section 52 does not prohibit a school district from using public funds to construct buildings on if the board of trustees determines that the expenditure serves a public purpose and places sufficient controls on the transaction tGA-0321
Lending of credit, deferred collection of fees for service of process asDM-0382
Lending of credit, municipal police officer's acceptance of bond for non-municipal offense and transfer of bond to sheriff's department does not involveJM-1217
Lending of credit, state or county does not violate prohibition against by providing goods to purchaser before receiving payment if there a public purpose and sufficient controls on transaction (overrules Tex. Att'y Gen. Op. Nos. MW-461 (1982) & JM-533 JM-1229
Lending of credit, Texas Commission for the Blind may contract with federal government to operate vending facilities on federal property without violating constitutional prohibition againstJC-0489
Literacy programs, county expenditure under Texas Constitution article III, section 52(a)KP-116
Local government corporations, city's or county's transfer of funds to must be consistent with constitutional provisions on expenditure of public funds for public purposesJC-0335
Long-term contract for electric services, whether state may enter intoLO95-049
Longevity pay for county employees, validity of prospective policy forLO96-007
Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53JC-0026
Medical expenses and travel costs related to student's injury at school or while involved in a school activity, school district's authority to payGA-0076
Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but must determine that such use serves a public purposeJC-0348
Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation CodeJC-0250
Municipal funds, use to provide lighting on private streetsLO94-078
Nonprofit organization, county may not transfer public funds to in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in placJC-0439
Nonprofit, no-share corporation, whether municipality may sponsorDM-0194
Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of factJC-0119
Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a, disposition of by Department of TransportationDM-0370
One-time payment to annuitants of Teacher Retirement System and Employees Retirement System grants "extra compensation" in violation of sections 44 and 53 of article III, Texas ConstitutionGA-0746
Online legal research services which also benefits private attorneys, use of county library fund to obtain is not an unconstitutional use of public funds for private purposesGA-0078
Payment by city of certain expenses of private nonprofit corporation that holds land within city for sale to industrial prospects, constitutionality ofLO94-008
Payment of civil penalty under chapter 707 of the Transportation Code by school district may not contravene article III, sections 51 and 52(a) of the Constitution if district is not liable but payment accomplishes public purposeGA-0747
Payment of civil penalty under chapter 707, Transportation Code, by school district, would not contravene article III, sections 51 and 52(a) of Texas Constitution if district is liableGA-0747
Payment of costs incurred in a successful appeal to a zoning board as unconstitutional gratuityKP-056
Permanent school fund, State Board of Education has authority to make any kind of prudent investment in managing assets ofDM-0175
Policy compensating peace officers for time on standby status would constitute unconstitutional increase in compensation only if policy provided for compensation for standby prior to adoption of policyLO92-053
Postage meter owned by county, permissibility of county official using in campaign for office in professional associationLO97-077
Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procureGA-0438
Private streets, city may not use public funds to enforce traffic laws onJC-0016
Private university, grant of public fund to is permissible only if grant serves public purpose, sufficient controls exist, and public receives adequate considerationLO90-038
Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c), commissioners court may not spend on city streets unconnected to county road systemJC-0036
Public notices, county probably may pay publisher in advance of printingJC-0080
Purchase of securities from TexPool at below market value, whether state funds in treasury may constitutionally be expended forLO96-013
Real property lease as a thing of value, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campusGA-0252
Real property, state university’s 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
Refunds, authority of state agency and comptroller to grant requests for fees paid in errorLO98-049
Regional transit authority may not donate public funds to emergency medical services organization, but may contract for provision of such servicesLO96-076
Reimbursement by County Department of Education to county for county auditor's services, whether required by Texas ConstitutionJC-0055
Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses but may not contravene article III, section 52(a) of the ConstitutionGA-0530
Retroactive compensation, commissioners court not prohibited from approving payment of back wages to which employee was automatically entitledLO93-057
Retroactive compensation, county employee who has exhausted sick leave may not receive additional sick leave unless commissioners court has preexisting policy permittingJM-1160
Retroactive compensation, county may not pay group health insurance premiums for retired employee absent additional consideration from employee if county did not provide for such coverage nor possibility of such coverage at time of employee's retirementJC-0383
Retroactive salary increase granted after contract completed, no authority for board of regents to grantLO94-093
Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highwayGA-0576
Salaries, county probably may not pay in advance of services being renderedJC-0080
Sandy Land Underground Water Conservation District may transfer certain assets to individuals or other entities only in accordance with three-pronged constitutional test designed to ensure that such transfer accomplishes a public purposeGA-0843
Scholarship fund for architectural examination applicants, in order to ensure that scholarships serve the public purpose identified by the legislature, Board of Architectural Examiners should consider adopting rules that would require scholarship recipienJC-0244
Scholarship fund for architectural examination applicants, legislative appropriation for is supported by pre-existing substantive law and therefore does not violate article III, section 44 of the Texas ConstitutionJC-0244
School district provision of free office space to private nonprofit foundation, board of trustees must determine that transaction serves a public purpose, that consideration is adequate, and that controls are sufficient to ensure public purpose is achieveDM-0256
School district's authority to sell paging device seized from studentDM-0352
School district's expenditure for a scholarship program under article III, section 52(a)KP-204
Seawall built by city and funded by public funds may not be built on private land absent an easement or other appropriate interest in the landGA-0528
Self-insurance, whether a hospital district may provide funds for self-insurance to charitable organization created on district's behalfGA-0188
Spouses of city council members and city employees attending convention, article III, sections 51 and 52 prohibits paying of expenditures in most circumstancesLO90-031
State agency is ordinarily not authorized to execute an enforceable indemnity agreement in favor of another partyLO90-107
State Board of Education, authority to pay attorney fees on a contingent basis out of recoveries of the corpus of the Permanent School FundGA-0848
State employee service awards are permissibleLO96-132
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 ConstitutionJC-0501
Stocks in private corporation, county does not by virtue of reimbursement of private jail-management corporation's contributions to employees' stock-options plans holdLO90-094
Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a ofJC-0250
Suspension with pay, prospective term of employment does not violate constitution where provision serves legitimate public purpose and has sufficient controls to ensure public purpose is served Suspension with pay to county employees is gratuitous exGA-0322
Tax and bond revenues, authority of flood control district to use for recreational improvementsDM-0420
Tax increment financing, use by countiesGA-1076
Tax increment fund is a public fund subject to article III, section 52GA-0305
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 Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud.KP-099
Texas State Technical College’s discharge of student loans would be constitutional only if made for a legitimate public purpose and if adequate controls existed to ensure that the public purpose is metGA-0743
Tissue procurement organization's use of medical examiner's facility presumably has been determined by the Legislature to constitute a constitutional use of public fundsGA-0544
Toll roads, Department of Transportation cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenueJC-0353
Transit authority's agreement to provide buses for Olympic Games at request of Federal Transit Administration, permissibilityLO96-008
Travel allowance plus gasoline and automotive repairs, county commissioners' receipt of both unlikely to serve public purposeLO96-028
Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to payDM-0317
Treasury, funds in may only be appropriated by legislative actionLO96-041
Unconditional gifts or donations or public funds or resources to private entities prohibitedJC-0113
Unconstitutional donation to city, county makes unconstitutional donation to city by reimbursing city for expenditure for gifts when county did not participate in initial decision to make the expenditureJC-0432
Unconstitutional retroactive compensation for services performed and impermissible private use of public funds, county treasurer's payment of employees' accrued vacation or compensatory time when the county did not have a policy providing for such paymentJC-0370
Unused vacation time, county employee who resigns before anniversary date may not be credited or compensated with unused vacation time where county's personnel policy provides that employee's unused vacation time is credited on the anniversary of the emplJC-0123
Water districts, valuation of real property offered for sale to lessee of propertyGA-0634