Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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"other residential, commercial, or industrial buildings" within the scope of subsection 388.003(b), Health and Safety Code. A court would likely find that school buildings areKP-148
"other residential, commercial, or industrial buildings" within the scope of subsection 388.003(b), Health and Safety Code. A court would likely find that school buildings areKP-148
Capital improvements plan, authority of municipality charging impact fee within second municipality to include area located in second municipalityDM-0319
City ordinance provision imposing a conditional three-year expiration period on projects, a court would likely find such an ordinance contrary to section 245.002 of the Local Government CodeGA-0980
Development regulations, property for which original application for first permit has been filed remains subject to those in effect at time of filing unless project changes, without regard to whether property is sold during projectJC-0425
Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes ofDM-0150
General law city's governing body members may not serve on city's board of adjustmentLO92-056
Growth-management plan that caps number of residential building permits issued in specified time period, home-rule municipality general may adoptJC-0142
Impact fees, must be refunded as provided in section 395.025 of the Local Government Code Impact fees, there is a distinction between assessment and collection of Impact fees, adoption and assessment are distinct activities Additional or increased impact fees may not be imposed against a tract after the fees have been assessed unless the number of service units to be developed on the tract increases Vested rights, developer has none under chapter 245 of the Local Government Code if project is dormantGA-0797
Plat, fees or costs charged by a county for applications to revise plat require express authorityJC-0367
Redevelopment plan, whether city required to condemn property in reinvestment zone to implementLO96-138
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
Subdivision deed restrictions modifications instituted by property owners' association, property owner may not exclude owner's property from by filing acknowledged exclusion statementJC-0401
Annexation, Disannexation and Extraterritorial Jurisdiction
Annexation election, under chapter 130 of Texas Education Code a junior college district may not conduct where territory includes more than one school district or countyGA-0453
Annexation of area excepted from three-year plan requirement does not require a residence be located on each tract GA-0737
Annexation of land owned by city but not contiguous with, effect on extraterritorial jurisdiction of cityGA-0014
Boundaries of extraterritorial jurisdiction, municipality may choose method by which it will determineLO94-033
Cityís authority to reacquire extraterritorial jurisdiction that it previously relinquished pursuant to chapter 42 of the Local Government CodeGA-0750
Community college district, disannexation of portion of requires specific statutory authorizationJC-0262
Drainage charge, an interlocal contract between a county and a municipality may not authorize the county to assess on behalf of a municipality with a drainage utility systemGA-0366
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
Local Government Code section 43.129 - It is not possible to reliably predict whether a court would require a municipality to meet the 225,000 population requirement in subsection 43.121(a) in order to annex for limited purposes by consent under the authority granted by section 43.129.GA-1096
Long Island, Village of, is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consentGA-0107
Map of municipal boundaries, duty of municipality to correct following annexationLO95-017
Municipal annexation plan, failure to adopt does not result in void annexationGA-0737
Municipal utility district consisting of two separate, noncontiguous areas of land in extraterritorial jurisdiction of two municipalities, annexation ofLO93-097
Reannexation, prior annexation followed by disannexation does not precludeDM-0373
Service plan for annexation, validity of requirement that residents pay for capital improvements is a fact questionGA-0737
Service plan, disannexation is sole remedy available to aggrieved parties in newly annexed area if municipality does not provide services in accordance withLO90-090
Street improvement and maintenance, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed propertyGA-0459
Subdivision regulation agreement, deadlines for completing a certified subdivision regulation agreement between a county and a municipality under section 242.0015 of the Local Government CodeGA-0230
Tax appraisal district lacks authority to alter boundary lines or detach and annex property from school districtKP-175
Type A general-law city, authorization to annex in extraterritorial jurisdictionGA-0478
Water and sewer service disannexed to territory, general-law municipality may discontinueLO96-087
Water districts, jurisdiction over land annexed by two districtsGA-0795
Subdivisions and Platting Requirements
Approval, purpose ofLO93-098
City may not issue permit to connect utilities to single lot in unapproved subdivision located in city's extraterritorial jurisdiction unless applicable platting requirements have been complied withLO93-106
Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housingDM-0485
Condominium development, county authority to regulate as a subdivision of landGA-0223
County authority under Transportation Code chapter 253 to construct and maintain subdivision roads in unincorporated area and assess costs to landowners Extraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes GA-0319
County authorized to classify and define certain kinds of subdivisions that need not comply with otherwise applicable platting requirementJC-0260
Division of tracts within municipality's limits or extraterritorial jurisdiction, statutory platting requirements not triggered unless divisions involve laying out of streets, alleys, squares, parks or other parts dedicated to public use or use of purchasLO90-047
Drainage charge adopted under chapter 402, Local Government Code, is not a "regulation[] related to plats, subdivision construction plans, and subdivisions of land as authorized by . . . [a statute] applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction" for purposes of section 242.001(d)(4)(B), Local Government Code; accordingly, a county may not assess a drainage charge under an agreement entered into in accordance with section 242.001(d)(4)(B)GA-0366
Extraterritorial jurisdiction of city, county and city required to enter into contract authorizing one set of subdivision and platting regulations inGA-0648
Extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to plats and subdivisions of land" within municipality's that combines municipal and county regulations and that eliminates conflicts between themJC-0518
Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located inJC-0260
Impact fee, cash that municipality requires subdivision developer to deposit in escrow to cover costs of future pavement construction is notLO97-048
Impact fees, assessment and collection of impact fees adopted after June 20, 1987 GA-0577
Municipal building officer may rely on the engineer's seal pursuant to section 1001.402, Occupations Code and receive plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirementsGA-0439
Plat of subdivision outside of municipality, approval by commissioners court as prerequisite for filing with county clerkGA-0594
Proposed replat, whether must be approved by at least three-fourths of all members of municipal planning commission or governing body, or both, when protestedLO93-014
Protested proposed replat application requiring variance, three-fourths vote requirement is constitutionalDM-0410
Protested replat application, municipal authority must certify reasons for action taken on application only if owner requestsDM-0410
Real estate located in subdivision whose plat has not been approved by commissioners court, duty of county clerk to record deed forLO96-020
Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivisionJC-0260
Road dedicated to public use but not accepted for county maintenance, owners of abutting property whose deed specifically references plat have enforceable easement inGA-0139
Subdivision, a county may generally regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracksGA-1007
Water supply corporationís authority under Water Code subsection 13.2502(a) to provide, at its discretion, water service to an applicant who meets the conditions of that subsectionGA-0781
Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based uponGA-0697
Cemetery that existed prior to incorporation of general law city not exempted from zoning ordinances unless cemetery was granted a variance from municipality's jurisdictionLO90-078
City delegates sovereign power to planning and zoning commission, members are public officers ifJC-0339
City planning and zoning commission members are local public officials within conflict of interest statuteDM-0309
Conflicts of interest, eligibility of city council member to vote on matter affecting subdivision in which member residesLO96-049
Eligibility to sign protest under Local Government Code section 211.006(d)(2)GA-0630
Extent to which the Texas Commission on Environmental Quality must consider local zoning, land use, and other ordinances on standard permitting decisions made under Health and Safety Code sections 382.05195 and 382.05198KP-190
Manufactured housing, city may regulate location but may forbid installation only if fails to meet federal standardsLO97-002
Outdoor advertising signs, regulation by cityGA-0192
Petition protesting zoning change, Department of Transportation may participate in as owner of real property in its right-of-wayDM-0167
Requests for variance, city council's authority to act onLO97-062
Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adoptGA-0526
Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance againstJC-0485
Sexually oriented business ordinance that is less stringent than county ordinance previously in effect, no violation of due process where municipal annexation causes territory to be subject toDM-0399
Submerged land within municipal limits, municipality may zone privately owned to extent the zoning regulations do not interfere with the public's right to use the waterLO98-114