Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Authority to grant variances in the regulation of alcoholic beverage, home-rule city may not delegate to a subordinate municipal board theGA-0120
Beer purchased directly from manufacturer may be resold in territory specified in distributor's agreement with manufacturer (Clarified and re-issued as Tex. Att'y Gen. Op. No. DM-5A (1991))DM-0005
Boundaries for "wet/dry" election contain entire political subdivision for which election is calledDM-0044
Boundaries for "wet/dry" election, commissioners court may set only in instance where former justice of the peace precinct boundaries have changed, and must conform as nearly as possible to former boundariesDM-0044
Business engaged in sale of alcoholic beverages, member of Alcoholic Beverage Commission may not directly or indirectly invest inDM-0310
Chemical dependency counselor, authority of Commission on Alcohol and Drug Abuse to investigate for alleged violations of licensing provision occurring before effective date of provisionLO94-013
Driver's license, private club licensed to serve alcoholic beverages may not use magnetic strip on members' driver's licenses to obtain members' driver's license numbers in order to create or maintain club membership listsJC-0499
Election to change local option status of a judicial precinct must be conducted in same territory that comprised precinct when local option status was established (Overrules Tex. Att'y Gen. Op. No. H-515 (1975))JM-1177
Events where alcoholic beverages are sold for on-premises consumption, if promotional activities for the state lottery do not involve sale of lottery tickets they are permitted atLO98-089
Failure to request proper identification, Alcoholic Beverage Commission does not have authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because ofDM-0115
Fishing from private pier on property open to public and licensed to sell alcoholic beverages, carrying handgun prohibited while doing soLO94-009
Free wine with meals, restaurant in dry area may not provideDM-0084
Gallonage limit, there is none on sales of wine by winery permit holderDM-0306
Information from alcoholic beverage reports that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are soldGA-0964
Justice court jurisdiction over prosecutions of minors under Alcoholic Beverage CodeDM-0320
Licensee or permittee, authority to possess firearm on the premises for the purpose of self-defenseDM-0293
Licensing, whether manufacturer's licensee may share premises with another licenseeLO98-032
Liquor license applications, county judge may not delegate authority to hear to county court at law judgeLO97-054
Liquor license applications, district clerk or county commissioner are county officers to whom county judge may delegate authority to hearLO98-030
Local option alcohol petition, rules for calculating minimum number of signatures required forGA-0160
Local option alcohol petition, suspense list voters are not included in determining minimum number of signatures forGA-0160
Local option election petitions, local election officials may not count signatures that are timely withdrawn, but they must count signatures if they are valid and if they appear on petition pages in conformity to statuteGA-0209
Local option election, when petitioners must make deposit to file petitionGA-0783
Local option election; county payment for expenses ofGA-0783
Local option liquor election, county may not refuse to hold because per-voter reimbursement by city is insufficient to cover cost of electionJM-1133
Local option status, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limitsGA-0635
Machine that dispenses alcoholic beverages by means of a PIN number, Alcoholic Beverage Commission may not authorizeLO98-107
Magnetic stripe information on driver's license, statute permitting private parties to access in order to prevent violations of Alcoholic Beverage Code is not inconsistent with Federal Driver's Privacy Protection ActJC-0423
Minors, justice and municipal courts have jurisdiction over for offense punishable by fine onlyLO90-004
Mixed beverage permits, application forms for may be distributed among certain public officials without thereby making them public under Open Records ActJM-1235
Municipal ordinance prohibiting sale of alcoholic beverages by dealer whose place of business is within 300 feet or 1,000 feet of public school, authority of general-law governing body to enactGA-0942
Municipal ordinance prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enactGA-0962
Municipality may not prohibit sale of all alcoholic beverage in glass containers, but may prohibit sale of beer in glass containersGA-0110
Municipality may prohibit sale of all glass beverage containers within corporate limitsGA-0110
Offense of driving while intoxicated, person under age of twenty-one may be prosecuted under Penal Code forLO98-027
Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness courseDM-0427
Particular brand of beer purchased from general distributor, local beer distributor may resell only in territory in which general distributor is authorized by manufacturer to sell (Clarified and re-issued as Tex. Att'y Gen. Op. No. DM-5A (1991))DM-0005
Petition to hold local option liquor election, no signature may be counted if there is reason to believe it is a duplication of a name or of handwriting used in any other signatureJM-1133
Poker tournament in which participants do not risk money or any other thing of value for the opportunity to win a prize, holder of an on-premises alcoholic beverage permit may host aGA-0335
Poker tournament in which participants risk money or any other thing of value for the opportunity to win a prize, holder of an on-premises alcoholic beverage permit may not host aGA-0335
Possession and consumption of alcoholic beverages, neither the Alcoholic Beverage Commission nor the City of Corsicana may regulate a business establishment that permits the possession and consumption of alcoholic beverages on a BYOB ("bring you own bottle") basisGA-0561
Possession, consumption, and purchase by minors, jurisdiction of courts in Kerr and Lavaca countiesLO96-144
Possession, consumption, and purchase by minors, justice and municipal court jurisdictionDM-0427
Raffle prize by nonprofit charitable organization - because the award of alcohol as a raffle prize by is not prohibited by the Charitable Raffle Enabling Act and is not a sale or otherwise an activity regulated by the Alcoholic Beverage Code, a court would likely conclude that current law does not prohibit such a raffle prizeKP-153
Regulation by municipality of premises or businesses licensed to sell alcohol, whether and to what extent permissibleDM-0289
Residency requirement for applicants for liquor license, constitutionality ofDM-0361
School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school propertyJC-0446
School district student activities complex, sale of alcoholic beverages not prohibited at non-school event held atLO98-002
School districts, alcohol-free zonesLO96-134
Security for costs to contest application for beer license, county is not required to giveLO92-025