Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Apportionment requiring election of new senate, legislation changing two senatorial districts constitutesDM-0351
Appropriation bill, in order to exceed Comptroller's revenue estimate, must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each houseGA-0054
Districts, whether the legislature must apportion legislative districts based on provisional decennial censusDM-0006
Federal court order changing senatorial district boundaries, whether Texas Constitution requires election of new senate subsequent toLO95-046
Legislative Council, Federal Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to Council's employees despite the fact that state law provides that such emplJC-0333
President pro tempore of the Senate does not serve a definite term of office under article III, section 9(a) of the Texas ConstitutionGA-0584
President pro tempore of the Senate is not a state officer subject to impeachment under article XV, section 7 of the Texas ConstitutionGA-0584
Resign to run, legislator that announces candidacy for Governor during the first year of a two-year term is not required to immediately resign from House of RepresentativesGA-0698
Rules of the Senate or House, the Attorney General will not construeGA-0584
Senate confirmation, whether member of nonprofit corporation appointed by the governor is a state officer subject toJC-0345
Speaker of the House is a state officer subject to impeachment under article XV, section 7 of the Texas ConstitutionGA-0584
Speaker of the House serves a definite term of office under article III, section 9(b) of the Texas ConstitutionGA-0584
Across-the-board provisions recommended by Sunset Advisory CommissionJC-0350
Applicant for a real estate inspectorís license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirementGA-0932
Apportionment requiring election of new senate, legislation changing two senatorial districts constitutesDM-0351
Article III, section 36 of the Texas Constitution, whether bill complies with requirements of is determined as of date of passage and not as of effective dateDM-0475
Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same sessionDM-0234
Concurrent resolution may be evidence of legislative intent but is not state law; constitution requires that laws be passed by billDM-0197
Contract that contravenes, controls or limits the provisions of a statute is voidLO98-022
Date on which submerged land conditionally granted by state to Corpus Christi would "revert" to state if condition not performed, effect of legislation extendingLO98-017
Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landownersJC-0402
Enrolled bill rule, application to claim that legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building invalid under article VII, section 18 of the Texas ConstitutionJC-0170
Gaming activities that do not comprise elements of a lottery, without amending the constitution the legislature may amend chapter 47 of the Penal Code to authorizeJM-1267
Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislationGA-1045
Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constituteDM-0474
Local or special law, test of whether law is general or specialDM-0453
New tax credit in House Bill 500 of the 83rd Legislature is not limited to taxable entities, thus it may be claimed and transferred by an entity that owns a rehabilitated certified historic structure even if the entity is not subject to the franchise taxGA-1045
Prospective application, statutes are presumed to have in absence of express statement of legislative intentJC-0180
Resolution does not have force and effect of lawLO95-014
Same session, statutes enacted in should be harmonized if possibleJM-1208
Separation of powers provision, constitutionality under of legislation that subjects appellate courts' employment policies and procedures to review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and to monetary penalty for JC-0563
Special law, tax exemption for specific, named private entity constitutesDM-0432
Specific legislative statement that one bill prevail over any other similar legislation enacted in same session takes precedence over rule of statutory construction that legislation must be harmonized and, if that is not possible, the later enacted provisJC-0137
State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearingsKP-136
Statute authorizing appropriation does not appropriate fundsLO96-047
Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constituteDM-0474
Tax Code chapter 171, subchapter S is silent on the question of appeal of a denial of a certificate of eligibility, and there is no constitutional violation or impairment of vested property right, so the denial of a certificate of eligibility is not subject to appealGA-1045
Taxation, power of special district to levy ad valorem tax must be express and will not be supported by reference to authority of other entities where legislature has expressly vested district with authority to levy sales and use taxJC-0291
Title of bill, Texas Constitution makes legislature solely responsible for determining sufficiency ofJC-0500
Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas ConstitutionDM-0263
Legislative Powers
Appropriation of state funds to state agency to transfer to private endowment must satisfy article III, section 51of Texas Constitution and agency's authority to transfer funds and enter into contract regarding transaction must be supported by substantiveJC-0146
Authority to enact laws, impose taxes, raise revenue, and appropriate state funds is vested in legislature rather than the governor; governor may not increase or appropriate motor vehicle registration fees, but, in case of emergency, may act with legislatJC-0501
Common law, authority to modify by adopting statuteGA-0351
Congressional districts, authority and responsibility of legislature to redrawGA-0063
Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statuteGA-0190
Contempt - authority of a committee of the Texas House of Representatives that is investigating a possible impeachment to punish for contemptGA-1057
Definition of "bet," legislature may not revise in contravention of constitutionDM-0302
Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1 of the Texas ConstitutionGA-0033
Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landownersJC-0402
Incarceration of person, legislature has delegated state's authority for to Department of Criminal Justice, counties, and citiesLO96-151
Incompatibility of offices, legislature may overcome common-law doctrine of incompatibility if it does so expresslyLO94-020
Interim committees, Sunset Act does not limit legislative authority to study and make recommendations by means ofLO94-002
Legislature's authority is plenary, unlike a county or special district; legislature need only look to statutes and the constitution for express and implied limitations on its authorityJC-0392
Multiple municipal judgeships, whether holding is "of benefit to the state" is matter for legislative resolutionDM-0428
State-owned land, legislature has exclusive control of disposition ofJM-1170
Supreme Court's construction of Texas Constitution, legislature cannot overturn by declaration or enactmentJM-1173
Administrative license revocation hearing, legislator may represent person in, only if legislator has previously represented person in criminal proceeding arising out of same factsGA-0170
Assistant county attorney, legislator barred from simultaneously serving asJC-0430
Boundary changes in two senatorial districts, whether Texas Constitution requires new election and redrawing of lots after legislature imposesLO95-046
Chancellor of state university system, whether former legislator may be appointed as during term to which electedLO96-080
Constitutional or statutory standards of conduct, whether a particular transaction or business contact would violate depends on the specific facts of the caseGA-0087
Contract with state or county, prohibition against legislator's interest in where corporation's stock is owned by spouse of legislatorLO95-033
Dual office holding, legislator prohibited from holding unpaid state office by article XVI, section 40(d) of the Texas ConstitutionJC-0464
Historical Commission member not barred from serving as legislator during commission termLO95-050
Independent contractor for county, whether legislator may work asLO95-022
Independent contractor for school district, legislator not as matter of law prohibited from serving asLO93-031
Individuals not yet elected to the Legislature, the constitutional prohibition in article III, section 18 does not bar contracts withGA-0567
Insurance services to a state university, a member of the Legislature not not provide unless authorized by the Texas Constitution and statutesGA-0567
Legislator's business or employment activities, questions about the propriety of such activities under chapter 572 of the Government Code are generally not appropriate for the opinion processGA-0567
Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting BoardJC-0388
Local and federal units of government, constitutional and statutory standards of conduct for public officials do not absolutely prohibit a state legislator from representing a client's interests toGA-0087
Local public officials, a legislator is not prohibited from employingLO98-039
Member of the Legislature does not include person yet to be elected to the LegislatureGA-0567
Member of the Legislature, an interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to theGA-0567
Payment for legislative expenses incurred during interim, Texas Constitution does not precludeDM-0023
Provide insurance services to a state university, a legislator may not provide unless authorized under the Texas Constituion and statutesGA-0567
School district trustee not precluded from working part-time in state legislator's officeDM-0055
Serving as the state chair of a political party, because the state chair of a political party does not hold an office or position under this State a member of the Legislature is not barred from under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution fromGA-0880
State board member who does not hold lucrative office is not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislature; that provision is not relevant to the board member's eligibility to run fJC-0464
State senator elected at November 2000 general election is not eligible to be appointed to position that requires Senate confirmationGA-0006
Term of office as county judge overlaps legislative term; article III, section 19 of Texas Constitution does not disqualify judge from running for legislature if he resigns before filing for legislatureLO97-092
Texas Constitution article XVI, section 40(d) bars legislator from also being employed by municipal management district, but not from working as independent contractor for districtGA-0386