Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Appraisal district review board, ineligibility of certain former government officers and employees for appointment toDM-0462
Appraisal review board, individual who serves as legal counsel to appraisal district is not eligible for appointment toJC-0192
Civil service commission, tax appraisal review board member is ineligible for appointment; postmaster, interim city attorney, and interim municipal judge are eligible for appointmentLO97-070
Constable who did not obtain peace officer's license during previous term of office may retain appointmentDM-0322
Constable, commissioners court not required to fill vacancy in office ofJC-0140
County attorney appointee must have resided in county for six months immediately preceding date of appointmentLO95-086
County attorney who was appointed but later found to be ineligible because of residency requirement, in order to be valid reappointment must be made with same formality when candidate is eligibleJC-0191
De facto officer doctrine, actions in office of county attorney who was ineligible to be county attorney because of residency requirement may be valid underJC-0191
Governing body with appointing power may not, under the common law, appoint its own member to a different positionLO94-020
Gubernatorial appointment made during session and neither expressly confirmed or rejected by Senate is considered to be rejectedLO97-003
Invalid appointment of county attorney may generally be challenged only under quo warranto doctrineJC-0191
Member of Board of Pharmacy not eligible for reappointment after serving two full termsJM-1233
Municipal civil service commissioner may not be reappointed to a second consecutive termGA-0246
Name of interim appointee who resigns prior to legislative session need not be submitted to legislatureDM-0203
Notary public is appointed to serve by the secretary of state and is public officer for some purposesGA-0723
Quo warranto proceeding is sole method for determining officer's eligibilityLO97-070
Recess appointee is ipso facto nominated to the Senate if the governor fails to nominate appointee or some other person during first ten days of legislative session (Affirmed by Tex. Att'y Gen. Op. No. JM-1179 (1990))JM-1161
Recess appointee whose appointment is not acted on by the Senate in legislative session following appointment loses appointment upon adjournment of session and does not hold over in office (Affirmed by Tex. Att'y Gen. Op. No. JM-1179 (1990))JM-1161
Recess appointees of governor, unconfirmed but holding office on May 1, 1990, were de jure officers as of that dateJM-1179
Recess appointment, whether subject to advice and consent of senateLO95-024
Redistricting constable precincts, appointment of successor constable followingGA-0550
Regent may not be appointed to position of college chancellor until successor regent has taken oath of officeLO97-047
Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility AuthorityGA-0885
Rejected gubernatorial appointee may not be reappointed to same position upon resignation of interim appointeeLO97-003
Representatives appointed by City Council of Garland to Board of Directors of North Texas Municipal Water District, city council lacks authority under its charter to removeJM-1239
Self-appointment aspect of the common-law doctrine of incompatibility voids the appointment of a sitting school board trustee by a vote of the school board to fill a vacancy on the board created by the resignation of another trusteeGA-0377
Senate confirmation, whether member of nonprofit corporation appointed by the governor is a state officer subject toJC-0345
Sheriff, person appointed to fill unexpired term of sheriff is entitled to hold office until his successor has duly qualifiedGA-0263
Special auditor, district judge has no authority to appoint (Withdrawn by Tex. Att'y Gen. Op. No. JM-1249A (1990))JM-1249
Staggered, terms are properly staggered if starting and ending years overlapLO97-070
State employee's eligibility to serve on river authority board of directorsLO95-001
State senator elected at November 2000 general election is not eligible to be appointed to position that requires Senate confirmationGA-0006
Term of office runs with office, not appointeeLO97-070
Vacancies on the Texas Higher Education Coordinating Board, the Governor may fill as provided by lawGA-0829
Vacancy in office of justice of peace, commissioners court is required to fill (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0140 (1999))LO98-037
Emergency Services Districts
Commissioners court may appoint member to governing board of emergency services district on date prior to January 1 of the year the term of office beginsGA-0941