Cumulative Subject Index
AG Opinions 1990-Present

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CRIMINAL LAW
Abortions, criminal liability of physician performing certain prohibitedGA-0501
Abuse of official capacity, justice of the peace who does not "immediately" deposit with county treasurer fines collected may be prosecutedDM-0396
Animal “previously captured” is one that has been confined against its will prior to act of inflicting death or serious bodily injury to the animal in violation of section 42.092 of the Penal Code GA-0646
Animals, staging fights between hogs and dogs is a criminal offenseLO94-071
Bail bond forfeiture is substantively a criminal matterGA-0486
Bail bond surety who is convicted of soliciting clients inside detention facility has not committed crime of "moral turpitude"GA-0299
Ballot application is "governmental record" for purposes of chapter 37 of Penal Code which prohibits tampering with governmental recordLO93-065
Blocking of railroad crossing, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interestate Commerce CommiGA-0331
Class C misdemeanor, application of penalty where amendments to statute not correctly codified in Vernon's Texas Civil StatutesLO96-112
Complaint or referral against a student who has accumulated ten or more unexcused absences within a six-month period in same school year, requisite time period to fileGA-0574
Compulsory school attendance law, parent or guardian's failure to require child to observe punishable by fineDM-0304
Concealed handgun law and Penal Code prohibit license holder from carrying concealed handgun on premises of school or educational institution during high school or collegiate sporting eventLO96-009
Concealed handgun licensee, governmental unit may bar entry onto its property of licensee by erecting sign in accordance with criminal trespass statuteJC-0325
Concealed handguns, violation of trespass laws by licensed possession ofDM-0363
Conversation of person seated in police car, police officer who secretly records or broadcasts does not commit an offenseJC-0208
Conviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary publicGA-0733
Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a GA-0733
County or district attorney’s prosecutorial determination regarding the initiation of criminal proceedings is within the prosecutor’s substantial discretionGA-0967
Criminal history background check, installers and repairers of lawn sprinkler and landscape lighting systems are subject to if they enter an enclosed home or dwelling, including an attached garage, but not if they enter only the yard or surrounding real eGA-0333
Criminal history evaluation letter, licensing agency’s authority to obtain information regarding a potential applicant seeking aGA-0759
Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of MexicoJC-0466
Criminal trespass requires real property, may not be committed on a busLO96-059
Criminal trespass statute does not apply to persons in boat in public waters over submerged private property who beach the boat, anchor it, or tie it to a private duck blind without leaving the boatLO97-079
Culpable mental state, whether traffic offense of failure to drive in single marked lane requiresJC-0451
Deferred adjudication, nondisclosure order for criminal history information relating toGA-0255
Department on Aging's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official dutiesDM-0173
Direct mail solicitation of criminal defendant by attorney, state may not constitutionally prohibitJC-0022
Disorderly conduct statute facially constitutional as "time, place, or manner" restriction on speechLO96-150
Disregard of traffic-control device is a criminal violation under state law; cities are prohibited from enacting ordinances that conflict with state law and therefore a city may not adopt ordinance making running a red light a civil rather than a criminalJC-0460
Eight-liner machine that reward play with a stored-value card is a gambling deviceGA-0527
Eight-liner machines are gambling devices under the Penal Code and thus illegal because they issue tickets redeemable for some items that do not constitute noncash merchandise prizes, toys, or noveltiesGA-0913
Electronic communications could, depending on the facts of a particular case, constitute a "meeting" for purposes of the Texas Open Meetings ActGA-0896
Electronically readable driver's license information, a private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the infGA-0196
Excessive speeding, offense of speeding may be submitted in a justice or municipal court or on de novo appeal in a county court as a lesser included offense ofLO97-086
Failure of child to attend school, punishment forLO94-058
Failure of parent or guardian to require child to attend school, punishment forLO94-058
Failure to attend school may be prosecuted in a justice court of any precinct of a county in which the alleged truant resides or in which his school is locatedGA-0701
Failure to attend school, for the offense of, a justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation if the use of the device reasonableGA-0713
Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences within a six-month periodGA-0607
False alarm in violation of article 42.06 of the Penal Code is a crime of "moral turpitude"LO96-140
Fine, disposition of increase imposed by modification of defendant's community supervision termsJC-0173
Firearms, felon who has been fully pardoned may possess; defendant accused of felony whose verdict has been set aside or who has been permitted to withdraw a guilty plea may possess handgun without violating criminal lawJC-0396
Forged proof of automobile liability insurance, whether person who produces in court may be prosecuted as third-degree felon under section 37.09(a) of the Penal CodeLO93-075
Gambling device under chapter 47 of the Penal Code, whether machine that dispenses ticket is a prohibited lotteryLO97-008
Gambling laws, application to persons in separate locations who bet on card games using computers and to persons facilitating such betsDM-0344
Gambling, municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption may assert a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernaliaGA-0173
Horse slaughter in Texas with meat intended for human consumption, local prosecutor may prosecute person who engages inJC-0539
If an eight-liner machine is designed, made, or adapted as anything other than a pure amusement device, the machine cannot meet the requirement of subsection 47.01(4)(B) of the Penal Code and is therefore illegalGA-0913
Installation and monitoring motor vehicle interlock device that measures alcohol on operator's breath, county may not charge fee to defendant forLO96-118
Intent, section 37.123 of the Education Code requires proof of intent to actually engage in one of the activities prohibited therebyJC-0504
Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal ProcedureGA-0220
Library items, city council may enact ordinance making failure to return a class C misdemeanorLO94-022
Lottery promotion, charitable organization that awards cash refund of raffle ticket price as a prize, auctions a raffle ticket for a price that is not printed on the ticket, or auctions off or sells additional tickets or chances after the drawing has beguGA-0097
Misapplication of restitution for dishonored check collected by justice of the peace, justice may be prosecutedDM-0396
Misuse of official information statute, official oppression statute not violated by law enforcement officers who give citizen's group addresses of "crack houses" and drug dealersLO96-150
Offense of gambling under section 47.02 and the offense of gambling promotion under section 47.03, charitable squares game as described does not implicate theGA-0804
Offense of gambling under section 47.02 and the offense of gambling promotion under section 47.03, charitable squares game as described does not implicate theGA-0804
Official vehicle, incidental use by spouse of district attorney investigator is not misuse of government propertyLO97-083
Open Meetings Act criminal provisions, liability of a person who is not a member of the governmental bodyJC-0307
Overtaking and passing a school bus, whether offense of should be prosecuted in justice or county courtDM-0285
Ownership of land or litter not relevant to offense of dumping solid waste at unauthorized siteLO94-086
Payment of an entry fee to participate in a contest that tests skill or speed and does not involve an element of chance is likely not a bet as provided by subsection 47.01(B) of the Texas Penal CodeGA-0926
Plea bargain, effect on plea bargain when fine imposed is increased pursuant to modification of community supervision termsJC-0173
Practice of supplementing income as commissioned peace officer by working off-duty as private security officer is not a violation of section 36.07 of Penal Code, which prohibits acceptance of honoraria by public servantsGA-0256
Practice of veterinary medicine without a license, criminal penalty not applicable to corporationDM-0498
Preventing the execution of process, offense of, not void for vaguenessGA-0113
Prison inmates, use of as "volunteers" in dog tracking exercisesLO90-064
Private psychiatric hospital, authority to provide airfare to patientLO94-001
Probation revocation, judge may not apply time in substance abuse facility toward sentenceDM-0179
Prosecutorial decisions of a district attorney, because of the substantial judicial deference accorded to prosecutorial decisions, this office will not opine onGA-0765
Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
Public servant, payment by private association of public officials to its immediate past president as prohibited honoraria or giftGA-0354
Racial profiling, statute prohibiting peace officers from engaging in is not unconstitutional for insufficient titleJC-0500
Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal courtGA-0157
Raffle ticket, a bingo conductor may not award as a bingo prize; conduct would constitute gambling offense and, as it is not expressly authorized by either the Bingo Enabling Act or the Charitable Raffle Enabling Act, it would not fall within the defensesJC-0480
Recreational vehicle parks as property subject to criminal trespass statuteGA-0606
Refusal of employee to admit process server to area of business designated by employer as "private" is not an offense under section 38.16(a) of Penal Code, because, as thus applied, statute runs afoul of Fourth Amendment to United States ConstitutionGA-0113
Registered sex offenders, local government may broadcast certain information about on local cable television stationGA-0056
Sex offender registration statute; registration based on out-of-state offenseGA-0454
Sexual abuse of child includes conduct constituting indecency with a child, sexual assault, and aggravated sexual assaultGA-0106
Sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statuteDM-0077
Specific provisions of criminal law do not limit statute barring employment in certain facilities to certain persons convicted of certain offensesJM-1237
Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal without recourse to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).GA-0417
Substance abuse facility, judge may not apply time in toward sentence if probation revokedDM-0179
Tattoo, minimum age for obtaining is eighteen yearsLO92-057
Terms of confinement, misdemeanant convicted of multiple class C misdemeanors who has defaulted on fines or costs and ordered to be confined to enforce payment serves terms concurrently if confined when order is issuedJC-0393
The term "grave" as used in Penal Code is inclusive term and applicable regardless of ethnicity, antiquity, or markingsLO92-045
Torturing an animal, person who intentionally engages in horse-tripping may be convicted ofLO94-095
Truancy, person over age of eighteen is not subject to prosecution for committing offense of failing to attend school under section 25.094, Texas Education CodeGA-0946
Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosureGA-0220
Wading on submerged private property while fishing in public waters, whether it constitutes trespass does not appear to be settled under Texas lawLO98-117
Wager on outcome of sporting events by nonparticipants constitutes gambling offense under Penal CodeLO94-051
Whether a person has committed a crime in a particular circumstance is a question of fact that cannot be resolved in an attorney general opinionGA-0956
Controlled Substances
Controlled substance tax only implicates Fifth Amendment Double Jeopardy Clause when tax has been paid in fullJC-0086
Deputy sheriffs and jailers, random drug testing of violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))JM-1274
Drug forfeiture funds, prosecutor's use of to provide his or her employees bonuses or salary increases is limitedJM-1253
Drug testing policies proposed by municipality and state universityDM-0121
Needle- and syringe-exchange pilot program for Bexar County authorized under section 531.0973 of Government Code, persons participating in program are not excepted from prosecution under section 481.125 of Health and Safety Code which makes possession of drug paraphernalia a criminal offense in certain circumstancesGA-0622
Pregnant woman's use of controlled substances, a physician is not required to report suspectedGA-0291
School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school propertyJC-0446
Sting operation, district court may not release forfeited controlled substance to law enforcement officer to use inJM-1166
Veterinary Medical Examiners, Board may adopt rule prohibiting a licensee from dispensing a controlled substance unless licensee has registered with Department of Public SafetyGA-0547
Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent toJC-0021
Revised: June 08, 2012