Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beachGA-0934
Complaint against defendant who has failed to successfully complete driving safety course, whether justice of the peace may dismissDM-0230
Corporation, private, nonprofit, that offers driver safety instruction must comply with statutory requirements regulating such businessJM-1272
Defensive driving course fee, disposition ofLO98-067
Dirt bikes, Department of Public Safety does not have authority to "establish and administer" operator training and safety programs for off-road dirt bikesJC-0416
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
Driver education, payment public school teacher receives supplemental to regular salary for teaching is not included in calculation of teacher's retirement benefitDM-0417
Driving safety course, eligibility of driver to take course when involved in accident resulting in damage to vehicle onlyLO97-042
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
Handicapped parking spaces, on private property a political subdivision may ticket unauthorized vehicles parking inLO92-012
Impoundment of vehicle - All peace officers of the state may, to protect the public safety and under reasonable circumstances, impound a vehicle when the driver fails to provide evidence of financial responsibility.KP-034
Installation and monitoring motor vehicle interlock device that measures alcohol on operator's breath, county may not charge fee to defendant forLO96-118
Motor vehicles from out of state involved in accidents, constitutionality of impoundment proceduresDM-0261
Motorcyclist without helmet, peace officer may stop if motorcyclist is not displaying sticker issued pursuant to section 661.003(d) of Transportation CodeJC-0258
Multi-way stop signs at intersections, whether local authorities may, consistent with state statutes and Texas Manual on Uniform Traffic Control Devices for Streets and Highways, place atJM-1182
Privately-owned street, state and local traffic regulations not applicable onJC-0016
Protest words added to traffic ticket have no effect on ticketed party's obligation to appear in courtJC-0317
Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicleGA-0934
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
Safety course that State Board of Education has conditionally approved need not be finally approvedDM-0386
Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, means precisely two and may not be construed to mean "two or more"JC-0551
Traffic offense of failure to drive in single marked lane, requirement of culpable mental stateJC-0451
Driver's License
Deny renewal of driver's license of a person who fails to appear in justice or municipal court, but not of a person who fails to appear in a county or district court, the Department of Public Safety mayGA-0479
Deny renewal of driver's license of a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction, the Department of Public Safety mayGA-0479
Dormitory or hotel, resident of may be Texas domiciliary for purpose of obtaining commercial driver's licenseJC-0520
Duties relating to the issuance of driverís licenses and personal identification certificates, Department of Public Safety may not delegate such duties to county tax assessor-collector nor may a county participate in such a programGA-0917
Electronically coded information on driver's license, private club licensed to serve alcoholic beverages may not use the magnetic strip on members' driver's licenses to obtain members' driver's license numbers in order to create or maintain club membershiJC-0499
Electronically readable driver's license information, 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 inforGA-0196
Electronically readable information encoded on the magnetic stripe of a driverís license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to useGA-0675
Federal Driver's Privacy Protection Act applies to personal information collected by the Texas Department of Safety in connection with driver's licensesJC-0499
Filing fee, justice court authority to charge a fee for filing a petition applying for an occupational driver's licenseGA-1044
Fingerprint requirement for application not barred by any federal constitutional provisionLO97-006
Homestead exemption, federal and state judges and their spouses who are allowed to omit residence address on their drivers license and substitute street address of courthouse where judge serves may present personal identification certificate with residence address to apply forGA-0974
Magnetic stripe information contained on driver's license may be used only by law enforcement and other government personnel acting in official capacities (Superceded by statute - Tex. Alco. Bev. Code Ann. § 109.61)JC-0337
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
Magnetic stripe information on driver's licenses, financial institution may not useJC-0540
Mexican commercial truck operators, in absence of reciprocal agreement between Mexico and Texas or the United States, must obtain Texas license or license of another state that is entitled to recognition in TexasJM-1226
Minor taught to drive by parent or legal guardian, licensing requirements forDM-0400
Occupational driver's license application, clerk should charge the fee for filing original civil suit or actionLO96-131
Photograph from driverís license, whether Driverís Privacy Protection Act and Texas implementing legislation permits disclosure on internet for law enforcement purposesGA-0789
Question regarding "problem" with alcohol or drug abuse on a driver's license renewal form is unreasonable and therefore invalidDM-0176
Recording information encoded in magnetic stripe, retailerGA-0464
School district employee required to use personal vehicle to transport students may be required to comply with special licensing restrictions (Withdrawn by Letter 9/08/95)DM-0362
Social security card, Department of Public Safety's authority to require applicants to presentLO93-032
Social security number, Department of Public Safety may require license applicant who does not possess social security number to provide letter from Social Security Administration indicating ineligibility forJC-0409
State Office of Administrative Hearings is not required to furnish a free transcript in an administrative driver's license suspension appealGA-0524
Driving Under the Influence
Occupational driver's license application, clerk should charge the fee for filing original civil suit or actionLO96-131
Offense of driving while intoxicated, person under age of twenty-one may be prosecuted under Penal Code forLO98-027
Visual recordings of persons arrested for DWI, certain counties required to maintain equipment to makeGA-0731