Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Edwards Aquifer Authority, rule-making powers, authority to promulgate a rule prohibiting the granting of permits and contracts to recharge facilities built before September 1, 1993; authority to specify an action that constitutes an "unreasonable denial"GA-0708
Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadlineGA-0072
Long Island is located within the Laguna Madre and is not "an island bordering the Gulf of Mexico"GA-0107
Oyster-bed leases, terms and conditionsJC-0237
Pesticide applicator license, determination of what exclusions from coverage are acceptable in bonds or insurance policies for requires determination of fact questions by Department of AgricultureLO90-017
Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a "groundwater right" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issueGA-1049
Resource conservation and development council, status as charitable organizationDM-0402
Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Texas Historical Commission isJC-0465
Ownership of artifacts removed before and after 1969 from lands owned by state or political subdivision of stateJC-0465
Real property subject to Antiquities Code, whether planned unit developments, taxing districts, and municipal utility districts are political subdivisionsLO94-076
Building energy efficiency performance standards enforceable in unincorporated areas of state on September 1, 2001JC-0457
Electricity, school district may not participate in political subdivision corporation established to aggregate political subdivisions' purchase of electricity if contract valued at $25,000 or more in the aggregate for a twelve-month periodJC-0492
Energy savings performance contract, school district may enter only in accordance with Education Code section 44.901GA-0100
Fuels, including natural gas, used to generate electricity in deregulated industry, Railroad Commission not charged with initiating program to keep costs lowJC-0408
Mineral Estates and Interests
Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 is the more specific enactment and prevailsGA-0441
Tax Code section 34.05 authorizes a taxing unit to resell property acquired at a tax foreclosure sale and provides a specific method for doing so that does not allow for the reservation of any property interests in the resale deed. Thus, a court would likely conclude that section 34.05 does not authorize a taxing unit to reserve mineral interests on property it acquired at a tax foreclosure sale if it holds such interests at the time the property is resold.GA-1072
Tax Code section 34.05 contains no language authorizing a taxing unit, by itself or on behalf of other taxing units, to reserve any interest when reselling a property it acquired at a tax foreclosure sale.GA-1072
Tax Code section 34.05 refers to "the right, title, and interest acquired or held," which plainly means all of the rights, title, and interests acquired or held by each taxing unit. The phrase "acquired or held" can be read to suggest that the rights, title, and interests originally acquired by a taxing unit at the tax foreclosure sale may be different from what is held by a taxing unit at the time the property is resold.GA-1072
The plain language of Tax Code section 34.05 requires that all rights, title, and interests held by the taxing unit at the time the property is resold must be conveyed in the deed.GA-1072
Oil and Gas
Crude oil production tax, repeal ofKP-085
Liquefied petroleum gas industry - existing local ordinances, orders, or rules are preempted and superseded by Natural Resources Code section 113.054, without regard to their level of restriction or date of enactment, and without regard to whether the Texas Railroad Commission has adopted rules or standards governing a particular aspect or phase of, absent the Commission's permission as otherwise provided by section 113.065KP-086
Liquefied petroleum gas industry - Local provisions relating to any aspect or phase of, A political subdivision may petition the Texas Railroad Commission under Natural Resources Code section 113.054 for permission to promulgate, only when such local provisions would be more restrictive than the rules or standards adopted by the Commission.KP-086
Lower Colorado River Authority, mineral interests of exempt from taxation if held for use and benefit of publicDM-0078
Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as it is the more specific enactmentGA-0441
Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a of the Texas Constitution, disposition ofDM-0370
Oil Field Cleanup Fund can be used to remediate commercial disposal sites to the extent a site is contaminated with oil and gas wastes, or other substances or materials within the jurisdiction of the Texas Railroad CommissionGA-0294
Pooled gas unit covering two taxing districts, taxation of royalty interests based on location of real property to which interests appertain rather than location of wellDM-0490
Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses of the Texas and United States Constitutions unless something about the industry makes it uniquely deserving of special permitting requirementsGA-1013
Working interest in an oil and gas lease appertaining to surface property that crosses a county line, each county must separately determine the market value to the interest only as it pertains to surface property located in the county according to acceptedJC-0436