Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A person appointed to serve as a volunteer assistant fire marshal is not, as an automatic consequence of the appointment, a reserve law enforcement officerGA-0853
Benefits under chapter 615 of the Government Code, we will not speculate on the meaning a court would give to the phrase "continued health insurance benefits" given the latent ambiguity in section 615.073 and the circumstances by which a surviving spouse becomes eligible forGA-0822
Car allowance, whether fire fighter retirement system may exclude from definition of compensation for purpose of calculating contribution and benefitsLO95-089
Certification of fire department head or part-time, temporary employeeLO93-113
Citizenship requirement, authority of civil service commission to impose for beginning fire fightersJC-0143
City employees who are participating in the Texas Municipal Retirement System, board of trustees of a fire fighters retirement system may not elect to include within the systemLO98-090
Civil service coverage, application to certain members of municipal fire departmentGA-0041
Collective bargaining agreement between fire fighters and municipality, whether terms may prevail over statuteLO95-019
Collective bargaining, city and fire fighters association may not negotiate to exclude from collective bargaining unit certain high ranking fire fightersLO98-102
Conflicts of interest, dual office holding, and common-law incompatibility doctrine, firefighter simultaneously holding office of city council memberGA-0826
Constable not barred by common-law incompatibility from serving as municipal fire fighterJC-0270
Conveyances of personal and real property from general-law municipality to volunteer fire fighting associations, validity not affected by fact that city council member simultaneously served on fire fighting association board nor by council member's possibGA-0084
County commissioner may serve as volunteer fire fighterJC-0385
Delete time from the military leave-time account, a municipality may notGA-0174
Device having the appearance of a fire hydrant, water company’s authority to paint it blackGA-0710
Fair Labor Standards Act, members of Huntsville Volunteer Fire Department are excepted from coverage ofLO92-054
Final say on where to land a helicopter at a traffic accident scene, a helicopter pilot rather than a sheriff’s office or fire department would always have theGA-0859
Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employee Relations Act; reaffirming Attorney General Opinion GA-0662 (2008)GA-0771
Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employees Relations ActGA-0662
Fire fighter's pension plan changes, whether they violate article III, section 53 of the Texas ConstitutionLO97-113
Fire protection personnel, "member of the fire department" means an employee who is defined asGA-0027
Fire Protection, Commission on, may provide reimbursement for room and board as part of scholarship for students who attend a fire fighters training school, and may also fund room and board for fire fighters who attend the school under a Texas Forest ServGA-0296
Fire science courses offered at institutions of higher education, "fire science" is a technical term referring to courses that fall within a designated fire science curriculum as well as courses primarily related to fire service, emergency medicine, emergency management, or public administration regardless of whether those courses fall within the curriculum designed as "fire science"GA-0397
Houston Community College, to the extent that it assesses a fee for its operation, that fee would be tuition and a fire fighter exempt from paying tuition would have to pay that non-tuition feeGA-0397
Impose fee for applicant to take fire department civil service promotional examination, commission may not impose such a fee because civil service commission lacks express statutory authority toGA-0842
Insurance and benefits coverage, when a municipal fire fighter is called for military duty a municipality must maintain, but only on the terms in effect when the employee received the call which may include the employees' obligations to pay their portion GA-0174
Junior college district may not charge tuition to fire fighters, regardless of residenceLO90-083
Lump sum payment to fire fighters, municipality must include full compensation and benefits inLO90-072
Member of city council barred from simultaneously serving as volunteer fire fighterJC-0199
Military leave of absence, authority of civil service commission, when a police officer or fire fighter returns from a military leave of absence, to demote officers who had advanced in rank because of the military leave of absenceGA-0325
Military leave-time account, municipal fire fighters are entitled to donate any amount of leave to their department's military leave-time account that they would be entitled to use for themselvesGA-0174
Municipal pension plan merger with Statewide Volunteer Fire Fighters' Retirement Fund, "unfunded prior-service cost" does not include benefits received by retired fire fightersLO95-075
Municipalities with both a paid police department and a paid fire department, chapter 143 of the Local Government Code (civil service law) applies only toLO93-006
Noncivil service fire fighters, city may not appoint to fire fighting duties at race trackLO98-012
Office of the Fire Fighters' Pension Commissioner, authority to charge fee to participating departments in retirement systemGA-0272
Office, assistant fire chief of City of Houston Fire Department does not hold and therefore is not subject to constitutional dual office holding prohibitions or common-law doctrine of incompatibilityDM-0156
Payroll deduction under the Fire and Police Employee Relations Act, general-law city with population below 10,000 has implicit authority to provideGA-0625
Pension contract between governmental body and volunteer fire fighters may not provide for payment of monthly annuity at rate greater than rate specified by lawLO92-011
Pension system under article 6243e.3, Revised Civil Statutes, volunteer fire department may not withdraw unless fire department has designated or created a replacement pension planLO96-054
Pension system, volunteer fire department that was not in pension system prior to joining must comply with withdrawal procedures set forth in article 6243e.3, Revised Civil StatutesLO96-054
Police officer's or fire fighter's confidential personnel file may be released to city manager and city attorney with consent of chief executive and governing body of municipalityJC-0283
Position classification system, application in municipality that has not adopted civil service systemLO96-027
Reserve law enforcement officers, a county commissioners court and county fire marshal lack authority to commission or appoint volunteer assistant fire marshals asGA-0853
Retirement benefit under section 143.073(b) of the Local Government Code for fire fighters and police officers injured or becoming ill in the line of duty is available only if pension fund is exclusively for fire fighters or police officers rather than alJC-0310
Retirement fund, board of trustees may not delegate all discretionary authority to investment managerLO92-037
Rules adopted by fire and police civil service commission, authority of city to approve, reject, or reviewDM-0447
Rural fire prevention district may not distribute funds to fire departments but may contract with them to provide servicesLO92-028
Security lending agreements, trustees of municipal fire fighters retirement fund not authorized to enter into with corporate borrowerJM-1210
Sheriff, service as member of volunteer fire department is permissibleLO93-054
Texas Local Fire Fighters Retirement Act, city employees who are eligible to participate in a fire fighters retirement system pursuant to the act are not eligible to participate in the Texas Municipal Retirement SystemLO98-090
Trade association, whether Texas Fire Chiefs' Association, Texas State Association of Fire Fighters, State Firemen's and Fire Marshals' Association of Texas, or Texas Association of Fire Educators isJC-0067
Training requirements, volunteers who work for volunteer fire department that is not a division of a local government are not subject to regulatory; employees of fire department that is a department of a local government may be subject toJM-1251
Tuition and laboratory fees at public junior colleges and four-year colleges and universities, a fire fighter is exempt from payingGA-0397
Tuition for fire fighters enrolled in fire science courses, fire fighter seeking exemption from tuition need not be pursuing a degree in fire science and may already have a degree in fire science GA-0397
Vacation days, eligibility of fire fighters in city of greater than 30,000 population toDM-0270
Volunteer assistant fire marshal, the statutory definition of "reserve law enforcement officer" does not include aGA-0853
Whether a civilian advisory committee may review information maintained in a police department personnel file under Texas Local Government Code section 143.089(g) will depend on specific factsGA-0818
Written reprimand may not be retained in civil-service director's file that is open to the public unless the misconduct at issue in the written reprimand results in disciplinary actionJC-0257
Written reprimand, as a matter of state law a civil-service commission is not subject to chapters G, H, I, or J of chapter 143 of the Local Government Code and has no jurisdiction to consider appeal ofJC-0257
Compensation, Benefits, and Reimbursement of Expenses
Required appearance as witness before civil service commission, fire fighters are not entitled to payment from municipality for GA-0612