Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

Return to Master Index
A city employee providing staff support for two municipal commissions is not a local public official subject to Local Government Code chapter 171KP-105
Advisory board members are municipal officers for purposes of state law if they exercise a sovereign governmental function largely independent of the control of othersDM-0218
Airport security personnel, proper title forLO90-081
All actions of a city manager in a general-law municipality are subject to control by the city council. As a result, the city manager will not be considered to hold an office, and conflicting-loyalties incompatibility will not apply to prevent the city manager from holding another public officeGA-0766
Appointment as member of City of Lubbock Civil Service Commission, executive director of Housing Authority of City of Lubbock is not an "officer" and there is no obstacle toLO98-034
Assistant municipal judge, unless court finds holding second office benefits the State of Texas, member of board of directors of river authority may not also serve asLO97-027
Authority granted to peace officers from adjoining states under article 2.124 of the Code of Criminal Procedure includes the authority to use deadly force and is limited to the municipal limitsGA-0690
Automatic resignation of city council member pursuant to article XI, section 11 of the Texas Constitution, vacancy must be filled by special election rather than by appointmentJC-0318
Automatic resignation of city council member, city that fails to hold a special election within 120 days after the date of the automatic resignation as required by article XI, section 11 of the Texas Constitution may not avoid holding a special election uJC-0318
Automatic resignation, city commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11 of the Texas ConstitutionJC-0403
Automatic resignation, municipal officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 daysJC-0403
Budget officer, city council may not delegate to another person mayor's or city manager's statutory authority asJC-0544
Candidate for city commissioner, a municipal fire department employee may become without resigning from present positionLO97-034
Chief executive, whether mayor or city manager of De Soto has duties or powers of for purposes of chapter 143 of Local Government CodeLO95-057
City commissioner may serve as director of nonprofit, no-share corporation provided he or she receives no compensation or other remunerationDM-0194
City commissioner, article XVI, section 40 bars teacher employed by Texas State Technical College from serving as if he or she receives a salary from city for doing soLO93-037
City commissioner, municipal fire department employee may not serve simultaneously asLO97-034
City council member for a city located within the school district's boundaries - A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.KP-014
City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
City council member may not be reimbursed for attorney's fees to defend criminal prosecution for violating Open Meetings Act if he or she is convicted (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)JC-0294
City council member simultaneously serving as school district chief of police, incompatibility of officesGA-0688
City Council member's son with four years continuous service in his position before her election to the council may be promoted to police chief of cityJC-0546
City council member, eligibility to run for state legislature after resigningLO95-069
City council members, whether telephone conversations between contravene Open Meetings ActLO95-055
City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)GA-0985
City council, municipal charter recall election provisions impose a ministerial duty, subject to compulsion by mandamus, upon theGA-0870
City councilman holds office of trust under the stateGA-0057
City manager form of government may only be adopted by vote of residents pursuant to statuteJC-0544
City manager of a home-rule city is not an officer within the common-law doctrine of incompatibility if he is subject to appointment and removal by city councilGA-0849
City planning and zoning commission members are local public officials within conflict of interest statuteDM-0309
Commissioned peace officers who are employees of the state or of a political subdivision of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal CodeGA-0256
Common-law doctrine of incompatibility does not bar member of governing board of metropolitan transit authority from simultaneously serving as acting city manager for city within authority’s jurisdiction GA-0000
Common-law doctrine of incompatibility does not bar member of governing board of metropolitan transit authority from simultaneously serving as acting city manager for city within authority’s jurisdiction GA-0538
Conflicts of interest of city council members, home-rule city may regulate consistent with Local Government Code chapter 171GA-0068
Conflicts of interest, dual office holding, and common-law incompatibility doctrine, firefighter simultaneously holding office of city council memberGA-0826
Continuous employment under nepotism law, janitorial services performed for city under agreement prior to election of janitor's spouse as mayorLO95-015
Council member conflict of interest, eligibility to vote on matter affecting subdivision in which member residesLO96-049
Council members, nepotism and conflict of interest statutes, authority to vote on appointment and removal of industrial development corporation directorLO96-010
County attorney, employment as attorney to city located within countyJC-0054
De facto status of elected officer who did not file signed oath of office statementLO96-056
Director of Mountain Peak Special Utility District need not disclose his interest in or abstain from voting on matters involving City of Midlothian, of which he serves as an employeeGA-0195
Eligibility to serve in the legislature, article III, section 19 of the Texas Constitution does not render ineligible a city council member whose current term is uncompensated; "term" is not synonymous with "tenure"GA-0421
Employment with the state, city commissioner who accepts does not automatically forfeit his or her position and may continue in both positions if he or she renounces salary, and monies that city commissioner receives as expenses do not exceed actual expenLO93-037
Exemption for property under tax-abatement agreement is lost when owner assumes office as member of city council (Clarifies Tex. Att'y Gen. Op. No. JC-0155 (1999))JC-0236
Grievance, discipline, and evaluation proceedings, employee subject to has right to open meeting but no right to insist upon closed meetingJM-1191
Handheld laser speed enforcement device equipped with a video camera and GPS technology, under section 542.2035 of the Transportation Code a municipality is prohibited from using aGA-0846
Hold over provision of Texas Constitution overrides city charter provision presumption of automatic vacation of officeLO96-014
Home-rule municipality may not change city council terms from three years to four years without charter amendmentGA-0985
Housing commissioner, it is for city commission of City of Brownsville to determine whether mayor or city manager has authority to removeLO98-051
Incompatible offices, offices of county commissioner and council member of a city located in the county are incompatible as a matter of law; officer would automatically vacate office by accepting and qualifying for the second officeGA-0015
Incumbent officer whose term of office is set by charter at more than two but no more than four years holds over in office despite receiving a plurality of the vote in reelection attempt (assuming incumbent's term of office has not yet expired)JC-0293
Investigation of crime that occurs outside city limits but within county, city marshal is authorized to conductLO98-077
Licensed plumbing inspector must be city employee, not independent contractorJC-0382
Mayor does not hold over where charter provides that, in event of vacancy, mayor pro tem immediately assumes office of mayorLO96-014
Members of the Beaumont Planning and Zoning Commission and the Beaumont Historical Landmark Commission are local public officials subject to Local Government Code chapter 171KP-105
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
Municipal building officer may rely on the engineer's seal pursuant to section 1001.402 of Occupations Code and receive a plat or plan as having been prepared by a professional engineer who endeavored to comply with all federal, state, and local requirementsGA-0439
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
Neither article XVI, section 40, Texas Constitution nor doctrine of common-law incompatibility bars municipal employee from serving as director of Mountain Peak Special Utility DistrictGA-0195
Nepotism statutes, members of the governing board of a home-rule municipality that has, in its city charter, delegated authority to its city manager to appoint department heads "subject to consultation with the" board are public officials subject to theGA-0226
Office of municipal judge, county attorney automatically vacated position when he became county attorneyLO98-044
Peace officer not as a matter of law prohibited from serving as elected commissioner of another city in same county (Affirmed by Tex. Att'y Gen. LO-95-048)LO93-027
Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilitGA-0166
Pleasure Island Commission, members of are officers of the City of Port Arthur and may not be appointed to Board of Park Commissioners of Jefferson CountyLO98-048
Police officer employed by municipality, service on city council of another cityLO95-048
Police officers, whether constitutional oath of office must be taken by; validity of arrests by city police officer who did not file written statement required by Texas ConstitutionDM-0381
Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interestGA-0068
Precinct chair of a political party is not a public office, and accordingly candidacy for by city official does not trigger resign-to-run provisions of Texas ConstitutionJC-0562
Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filedGA-0923
Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order if the city charter so requiresGA-1043
Recall petition, individual officeholder who is the subject of, would generally have standing to file a declaratory action to establish the sufficiency ofGA-1043
Reservations and assignments in deeds executed by a member of a city council, whether they operate to exclude property from tax increment financingGA-0725
Reserve peace officer employed by a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security BoardGA-0435
Reserve police force, a city that has adopted chapter 143 of the Texas Local Government Code may create and maintain aGA-0893
Resign to run, authority of home-rule city to provide in city charter for automatic resignation of mayor or council member who runs for another officeGA-0217
Resignation of city council member of type A general-law city creates vacancy when accepted by city council or eight days after submission, whichever is earlierGA-0046
School trustee may not serve as city council member where school district and city share overlapping geographical jurisdictionLO93-022
School trustee may not simultaneously serve as mayor of type A general-law municipality wholly located within boundaries of school districtGA-0808
School trustee, chief of police of Type A municipality not prohibited from simultaneously serving as, where geographical boundaries overlapGA-0393
Structural pest control license, whether municipal employee must obtainDM-0190
Substitute teacher may receive compensation for serving as member of city councilGA-0394
Tax Abatement Act does not make the owner of tax-abated property ineligible for election to city council; rather, it removes property owned by city council member from eligibility for new tax abatement agreement (Clarified by Tex. Att'y Gen. Op. No. JC-02JC-0155
Tax increment reinvestment zone, council member of creating city not barred from simultaneous service on board ofGA-0169
Term limits provisions may be applied to service before effective dateGA-0356
Under Local Government Code subsection 22.077(a), a Type A general-law municipality may remove a municipal officer for incompetency, corruption, misconduct, or malfeasance at a regular meeting by a majority vote of those present and votingKP-061
Under Local Government Code subsection 22.077(b), a Type A general-law municipality may remove a municipal officer for a lack of confidence if two-thirds of the elected aldermen vote in favor of a resolution declaring the lack of confidenceKP-061
Utility system employees are employees of municipality subject to municipal employment policies, compensation, and benefits unless municipality has delegated authority to utility system boardDM-0444
Vacancy on municipal governing body where officers hold terms longer than two year must be filled under article XI, section 11(b) of the Texas Constitution, which prevails over inconsistent city charter provisionsGA-0585
Veterinarian may be employed by municipalityLO95-003
Voluntary resignation from council position, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that dual service as council member and volunteer fire fighter acts asJC-0564
Volunteer fire fighter, city of Cockrell Hill, as general-law city, may not adopt resolution declaring that city council member may not simultaneously serve asJC-0564
Volunteer fire fighter, member of city council barred from simultaneously serving asJC-0199
Water supply corporation established under Water Code chapter 67, in accordance with Local Government Code section 171.009 a director may not serve simultaneously on a city council unless the director receives no compensation or other reimbursement from the water supply corporationGA-0597
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
Civil Service
Appeal of personnel action, third party hearing examiner appointed pursuant to section 143.057 of Local Government Code is not necessary or indispensable defendant, but may be joined as a defendant in a proper caseLO92-017
Appointment of member of Fire Fighters' and Police Officers' Civil Service Commission, power to make belongs to chief executive of municipalityJC-0347
Appointment of member to Fire Fighters' and Police Officers' Civil Service Commission by chief executive of municipality requires confirmation by governing bodyJC-0347
Assistant Chief of Police in City of League City does not hold civil service position GA-0536
Citizenship requirement, authority of civil service commission to impose for beginning fire fightersJC-0143
Collective bargaining agreement between fire fighters and municipality, whether terms may prevail over statuteLO95-019
Confirmation of member to Fire Fighters' and Police Officers' Civil Service Commission by governing body of municipality is discretionary rather than ministerial actJC-0347
Constitutionality of sections 143.088 and 143.1041, Local Government CodeGA-0670
Eligible for appointment to commission, interim officeholder and postmaster are; tax-appraisal-review board member is notLO97-070
Entrance examination for same eligibility list for beginning positions in police department, municipal civil service commission may not hold at different locations or on different datesLO98-095
Fire and police employees, application of position classification system in municipality that has not adopted civil service systemLO96-027
Fire department member entitled to civil service protection if position requires substantial knowledge of fire fighting and work in the fire departmentGA-0041
Frequency of elections to certify representatives of police officersKP-044
Hearing, examiner's authority to close to publicLO96-018
Hours of labor and vacation of members of fire and police department in certain municipalities applies only to a "member of the fire department" or to a "member of the police department"GA-0027
Local civil service commission may not adopt rules that awards additional points to applicants on the basis of residency within the municipalityGA-0586
Local Government Code chapter 143 defines "department head" as "the chief or head of a fire or police department or that person's equivalent, regardless of the name or title used."GA-1029
Municipal police department positions subject to Local Government Code chapter 143 must generally be filled by competitive examination process; section 143.014 provides exception to general rule and allows police department head to appoint if specific criteria is met.GA-1029
Noncivil service fire fighters, city may not appoint to fire fighting duties at race trackLO98-012
Number of persons department head may appoint under 143.014(c) Local Government Code may not exceed number of positions, plus one, in classification "immediately below that of department head" on January 1, 1983, irrespective of the particular title usedGA-1029
Police officer's or fire fighter's confidential file may be released to city manager and city attorney with consent of chief executive and governing body of municipalityJC-0283
Prohibition against certifying a person 45 years or older for a beginning position in a police department, no case or statute indicates that it applies to a police officer who voluntarily resigns and then is reappointed to a department GA-0741
Promotional examination for sergeant, Police Officers II and Police Officers III with two years continuous service with City of San Benito eligible to takeJC-0340
Required appearance as witness before civil service commission, police officers and fire fighters are not entitled to payment from municipality for GA-0612
Resignation from civil service position in police department may not be withdrawn after acceptance by commissionDM-0248
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
Right to demand or petition for changes in contract, clause waiving does not violate Fire and Police Employee Relations ActLO90-029
Rules adopted by fire and police civil service commission, authority of city to approve, reject, or reviewDM-0447
Second consecutive term, municipal civil service commissioner may not be reappointed toGA-0246
Seniority rights, police officer does not waive by accepting voluntary demotionLO98-121
Term of member of Fire Fighters' and Police Officers' Civil Service Commission, expiration of does not constitute "vacancy"JC-0347
Term of office, commissioner's runs with the office, not the appointeeLO97-070
Terms of office, commissioners' are properly staggered if starting and ending years overlapLO97-070
Compensation and Benefits
Article I, section 32 of the Texas Constitution, political subdivisions, including municipalities, are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant toGA-1003
Economic development corporation may obtain benefits for its employees through a risk pool. To the extent permitted by Local Government Code section 501.067, anGA-0990
Compensation, Benefits, and Reimbursement of Expenses
A civil service commission may not grant a pay raise to municipal employees effective from the date of their last evaluation where no policy for such pay raise was in place prior to the evaluation, pursuant to Article 3, Section 53 of the Texas ConstitutionGA-0368
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
Death benefits, entitlement of widow of retired city employee toLO95-026
Disability benefits that a retirement system determines are no longer payable under the terms of the retirement system as those terms existed on the date the retirement system began paying the disability benefits, article XVI, section 66 of the Texas ConsGA-0227
Fire fighter's pension plan changes, whether they violate article III, section 53 of the Texas ConstitutionLO97-113
Fire fighters' pension plan merger with Statewide Volunteer Fire Fighters' Retirement Fund, "unfunded prior-service cost" does not include benefits received by retired fire fightersLO95-075
Fire fighters, municipality's lump sum payment to must include full compensation and benefitsLO90-072
Fixed monthly expense allowance, payment to city commissioners without regard to expenses actually incurredLO93-042
Health insurance benefits and car allowances, payment of, constitute "compensation"GA-0449
Health insurance, provision of as compensation for city officers and employeesGA-0130
Longevity pay system, no express or implied authority for general law city to establishLO90-014
Mayor may receive salary from city despite being independent contractor with private corporation that receives state fundsJM-1165
Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regardingJC-0558
Military duty of whatever nature entitles employee to 15 days of paid leave of absenceLO94-007
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, Municipal Retirement System must calculate base updated service credit using number of months of credited serviceLO96-121
Political subdivision of state required to provide workers' compensation coverage for employeesDM-0180
Required appearance as witness before civil service commission, police officers and fire fighters are not entitled to payment from municipality for GA-0612
Retired teacher may be compensated for service on city councilLO93-041
Retirement benefits, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employees, constitutionality ofGA-0615
Retirement system in which dispatchers may be enrolledLO98-090
Salary advances to employees not ordinarily within city's authorityJM-1194
Salary attached to position of municipal judge, county attorney's refusal to accept does not remove position from category of "office of emolument"LO98-044
School district chief of police is not a “schoolteacher” for purposes of proviso of article XVI, section 40(b) of the Texas Constitution, and thus may not be compensated for service on a city councilGA-0874
Sick leave pool, city's creation ofDM-0129
Spouses of city council members and city employees attending convention, article III, sections 51 and 52 of Texas Constitution prohibits paying of expenditures in most circumstancesLO90-031
State employee may not receive compensation for serving as member of city councilLO90-106
Terms of a person's disability retirement plan in effect when the person began receiving disability payments continue even when the application of those terms reduces or terminates disability benefitsGA-0227
Utility system employees subject to municipal rules regarding compensation and benefits unless municipality has delegated authority to utility system boardDM-0444
Vacation days, eligibility of fire fighters and police officers in city of greater than 30,000 population toDM-0270
Incompatibility of Offices
Individual may not simultaneously serve as Forest Hill city council member and Forest Hill library district trustee when the city and library district have overlapping taxation authorityKP-125