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Business And Commerce

Summaries

KP-0024
Ken Paxton

A court would likely conclude that Occupations Code section 1304.1581 does not authorize a service provider to issue a service contract refund that does not deduct the amount of any claims previously paid under the contract.

KP-0026
Ken Paxton

A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.009(e) and is void.|A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void.|A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void|A home-rule city's charter provision that conflicts with state law is void.|A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.900(e) and is void.

KP-0065
Ken Paxton

"Site improvement" under Local Government Code subsection 501.103(1) should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.|Under Local Government Code subsection 501.103(1), "site improvement" should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.

KP-0095
Ken Paxton

A fee uniformly charged to all online means of payment by an arms-length third-party vendor, a court is likely to conclude that, does not violate the surcharge prohibitions of Finance Code subsection 339.001(a) or Business and Commerce Code section 604A.002. Whether a rental property owner or operator and a third-party vendor of online payment processing services have a true arms-length relationship is a question of fact that cannot be answered in the opinion process.

KP-0156
Ken Paxton

Section 2301.476(a)(2), Occupations Code - a company that relinquishes control of a manufacturer but maintains full ownership of that manufacturer remains affiliated with the manufacturer for purposes of

GA-0004
Greg Abbott

Industrial development corporation, whether it is a "governmental entity"|Transfer public land to private party using industrial development corporation as an intermediary, city may not|Governmental entity

GA-0007
Greg Abbott

Commercial lessor license, continuation upon conversion of business entity or transfer of|Bingo commercial lessor license, continuation upon conversion of business entity or transfer of

GA-0034
Greg Abbott

Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visible

GA-0045
Greg Abbott

Reciprocal exchange insurers are exempt from article 21.49-2C of the Insurance Code, and therefore not subject to a moratorium issued by the Commissioner of Insurance|Reciprocal insurance exchanges, such as Farmers Insurance Exchange and Fire Insurance Exchange, are not required to file withdrawal plans in order to withdraw from the homeowners' insurance market|Refusal of reciprocal exchange insurers to renew policies of homeowners would not violate state law provided that the exchanges follow statutory notice procedure|Refusal to renew policies of homeowners, reciprocal exchange insurers would not violate state law by their refusal, provided that the exchanges follow statutory notice procedure|Moratorium issued by the Commissioner of Insurance, reciprocal exchange insurers are exempt from article 21.49-2C of Insurance Code and therefore not subject to

GA-0071
Greg Abbott

Release of obligations, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55|Sales tax rebate, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55 of the Texas Constitution|Sales tax rebate, if a business collects and remits municipal sales taxes are required by law, the city's rebate of those taxes to the business does not violate article III, section 55 or the Texas Constitution

GA-0086
Greg Abbott

Development corporation, section 4A corporation may not spend more than 10 percent of its annual revenues for promotional purposes in any given year|Development corporation, city council that created corporation may disapprove of specific expenditures

GA-0133
Greg Abbott

Contest and Gift Giveaway Act, whether a promotional campaign used by a used car sales business that mails out car keys and promises to award a car as a prize to the person who presents the key that starts it involves a "matched contest", "entry form," or

GA-0137
Greg Abbott

Municipal sales tax purposes, amended Tax Code prevents certain outlets, offices, facilities, or locations from qualifying as a "place of business of the retailer" for|Municipal sales tax rebate contracts, amended Tax Code does not invalidate existing contracts nor prohibit municipalities and businesses from executing new contracts

GA-0156
Greg Abbott

Venue project, authority of commissioners court to expand venue-project sales and use tax|Venue-project sales and use tax, authority of commissioners court to expend|Venue-project sales and use tax election, terms of the election pursuant to which county voters approved the tax constitute a contract with the voters and county is authorized to use venue-project funds for improvements only if the improvements are consis

GA-0218
Greg Abbott

Remains of a deceased individual, chapter 716 of the Health and Safety Code permits a person authorized to dispose of to contract directly with a crematory

GA-0248
Greg Abbott

Bingo TV, whether it is legal under Bingo Enabling Act|Sweepstakes, Bingo TV is not

GA-0264
Greg Abbott

Economic development corporation created under the Development Corporation Act of 1979, whether a section 4A development corporation may grant funds and refund sales taxes to a private corporation in light of amendment to the Act changing the purpose of |Project authorized by the Department Corporation Act of 1979, whether a section 4A development corporation may grant funds and refund sales taxes to a private corporation in light of amendment to the Act changing the purpose of a project from economic dev

GA-0265
Greg Abbott

Sales and use tax authorized by section 4B, article 5190.6, Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field|Legislative finding that projects under section 4B(a)(2)(A), article 5190.6 of the Development Corporation Act of 1979 accomplish public purposes relating to economic development|Ballot proposition in sales and use tax election under section 4B, article 5190.6 of the Development Corporation Act of 1979 forms part of contract with voters|Section 4B, article 5190.6 of the Development Corporation Act of 1979 sales and use tax, Gun Barrel City Economic Development Corporation may use to fund youth football field|Sales and use tax under section 4B, article 5190.6 of the Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field

GA-0275
Greg Abbott

Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney in connection with the attorney|Paralegal licensing under the Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney i

GA-0276
Greg Abbott

Tax increment financing reinvestment zone, authority of home-rule city to extend a zone's duration beyond the termination date established in the ordinance designating the zone|Home-rule city authority, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule c|Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule city lacks authority to extend a zone's duration beyond the termination date established in the ordinance designating the zone|Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule ci

GA-0279
Greg Abbott

Homestead, a property owner may encumber the property with a covenant running with the land, which, depending on the particular instruments and circumstances involved, may be enforced by foreclosure without violating subsequent purchasers' constitutional

GA-0304
Greg Abbott

Tax abatement agreement, prior tax abatement agreement concerning specific property does not preclude a municipality from abating taxes on different personal property at the same location|New abatement agreement must fully comply with chapter 312 of the Tax Code

GA-0305
Greg Abbott

Tax increment financing, a city may use a tax increment fund to pay a developer for environmental remediation, renovation, or facade preservation if they are "project costs"|Tax increment financing, a tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures from the tax increment fund; if an expenditure is|Tax increment fund is a public fund subject to article III, section 52|Tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures for the tax increment fund|Reimbursement, if a municipal expenditure is subject to Local Government Code chapter 252, the city would be precluded from reimbursing a person for costs incurred for work not performed pursuant to a competitively bid contract

GA-0310
Greg Abbott

Cremation authorization form, funeral establishment need not obtain, where decedent has designated in prepaid funeral contract that his remains shall be cremated|Funeral establishment need not obtain cremation authorization form where decedent has designated in prepaid funeral contract that his remains shall be cremated

GA-0320
Greg Abbott

Infrastructure, whether construction to improve an intersection constitutes a project authorized under the Development Corporation Act of 1979

GA-0333
Greg Abbott

Criminal history background check, installers and repairers of lawn sprinkler and landscape lighting systems are subject to if they enter an enclosed home or dwelling, including an attached garage, but not if they enter only the yard or surrounding real e

GA-0346
Greg Abbott

Legislature or Structural Pest Control Board, dispositive term in Texas Occupations Code, section 1951.003, "infest" as it pertains to vertebrate animals cannot be defined in opinion process because of necessary factual considerations and so must be defined by

GA-0369
Greg Abbott

Irreconcilable conflict, silence in one statutory provision as to other statutory provision does not constitute|Irreconcilable conflict, mere difference between two statutes does not in itself constitute|Full effect, amendments to section 1301.002, Occupations Code, Plumbing License Law, contained in House Bill 3507 from the 78th Legislature should be given|Drain Cleaner|Drain Cleaner-Restricted Registrant|Executive Director|Journeyman Plumber|Plumber's Apprentice|Plumbing Inspector|Residential Utilities Installer|Tradesman Plumber-Limited License Holder

GA-0391
Greg Abbott

Engineers, authority to engage in comprehensive and complete building design of a project without the involvement of an architect

GA-0408
Greg Abbott

Hotel occupancy tax; authority of a municipality with a population of fewer than 35,000 to impose in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent|Hotel occupancy tax, authority of municipality with population of fewer than 35,000 to impose such tax in its extraterritorial jurisdiction when the combined rate of state, county, and municipal taxes would exceed 15 percent

GA-0414
Greg Abbott

Apartment building employees, license required to engage in structural pest control as defined in section 1951.003 of the Occupations Code by applying pesticides to the apartment landscape

GA-0432
Greg Abbott

Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave|Owner or manager of barber or cosmetology shop or school must provide for sterilization of nondisposable instruments used on nails, hands, or feet by means of an autoclave|Barber or cosmetologist who treats nails, hands, or feet must sterilize nondisposable instruments by means of an autoclave\r\n|Owner or manager of barber or cosmetology shop or school must provide for sterilization of instruments by means of an autoclave

GA-0443
Greg Abbott

Manufactured homes, perfection of tax liens by filing notice with the Manufactured Housing Division of the Texas Department of Housing and Community Affairs

GA-0469
Greg Abbott

Federal Reserve notes constitute eligible collateral for repurchase agreement contracts under chapter 404 and 2256 of the Government Code|Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes are eligible collateral for|Federal Reserve notes constitute eligible collateral for repurchase agreements under chapters 404 and 2256 of the Government Code|Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes eligible collateral for

GA-0474
Greg Abbott

Homestead preservation reinvestment zone, termination date|Homestead preservation reinvestment zone, tax increment fund, use of|Community housing development organization, homestead preservation district tax exemption, application of|Homestead preservation district, tax exemption, application of|Housing finance corporation, homestead preservation district tax exemption, application of|Homestead preservation district tax increment reinvestment zone, family median income, determination of|Homestead preservation district land trusts

GA-0481
Greg Abbott

Certificates of obligation, use of proceeds

GA-0485
Greg Abbott

Equitable title in public entity, tax exemption of property owned by private-public partnership through

GA-0495
Greg Abbott

Texas coast, Department of Insurance may disclose identities of companies writing commercial insurance policies along|Texas coast, Department may disclose identities of companies writing commercial insurance policies along

GA-0502
Greg Abbott

Display of advertising or licensee information on a vehicle in the parking lot of the county jail, section 1704.304(c) of the Occupations Code, does not prohibit a bail bond licensee’s\r\n\r\nAdvertising of bail bonds under section 1704.101 of the Occupations Code, county bail bond board may regulate

GA-0506
Greg Abbott

Compost products, home-rule city’s to sell outside city limits

GA-0509
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation

GA-0514
Greg Abbott

Tax increment financing reinvestment zone, whether city may designate as reinvestment zone area that is not “unproductive, underdeveloped, or blighted� if its plan of financing does not include issuance of bonds or notes\r\n

GA-0522
Greg Abbott

Development Corporation Act of 1979, legal and tax-exempt status of privately used commercial projects\r\n|Tax-exempt status of privately used commercial projects under Development Corporation Act of 1979 |Development Corporation Act of 1979, privately used commercial projects \r\n

GA-0525
Greg Abbott

Medical Device Amendments of 1976 to Federal Food, Drug, and Cosmetic Act of 1906, subsections 402.451(a)(6) and 402.451(a)(7) of Occupations Code expressly preempted by

GA-0529
Greg Abbott

Loan for private housing project, city's authority to make

GA-0567
Greg Abbott

Insurance services to a state university, a member of the Legislature not not provide unless authorized by the Texas Constitution and statutes|Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutes|Member of the Legislature does not include person yet to be elected to the Legislature|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 the|Member of the Legislature, 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 the |Individuals not yet elected to the Legislature, the constitutional prohibition in article III, section 18 does not bar contracts with|Provide insurance services to a state university, a legislator may not provide unless authorized under the Texas Constituion and statutes|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 process

GA-0603
Greg Abbott

Private non-profit economic development foundtion supported in whole or in part by public funds or that spends public funds is a governmental body and subject to the Public Information Act|Governmental body under the Act, a private entity supported in whole or in part by public funds or spends public funds is a|Fact question, whether private entity is governmental body under the Act is a|Private entity that is a governmental body under section 552.003 of Government Code is subject to Act

GA-0686
Greg Abbott

Comptroller's report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of |Report on limitation agreements under Tax Code sections 313.008 and 313.032, contents of

GA-0711
Greg Abbott

County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety Code|Audit

GA-0725
Greg Abbott

Reservations and assignments in deeds executed by a member of a city council, whether they operate to exclude property from tax increment financing|Tax increment financing, whether reservations and assignments in deeds executed by a member of a city council operate to exclude property from|Own|Owner

GA-0726
Greg Abbott

Number of potential suppliers available to sell products to a school district, whether reverse auction company’s procedures impermissibly limit the number is a fact question not appropriately answered by the opinion process

GA-0734
Greg Abbott

Tax abatement, calculation of maximum time allowable for|Tax abatement, property in a municipal reinvestment zone, calculation of maximum time allowable for

GA-0819
Greg Abbott

Authority of a Type A corporation under the Development Corporation Act to provide financing of a project involving a nonprofit organization that provides affordable housing services

GA-0851
Greg Abbott

Hotel occupancy tax revenues collected under chapter 351, Tax Code, must be expended only as authorized by chapter 351|General city purposes, Chapter 351, Tax Code, prohibits hotel occupancy tax revenues, including any surplus funds, from being expended for|General city purposes, chapter 351 of the Tax Code prohibits hotel occupancy tax revenues, including any surplus funds, from being expended for|Hotel occupancy tax revenues collected under chapter 351 of the Tax Code must be expended only as authorized by chapter 351

GA-0856
Greg Abbott

Newspaper, a paper used for the publication of a political subdivision’s notices under section 2051.044 of the Government Code must satisfy the requirements of a|Newspaper,a paper used for the publication of a political subdivision’s notices under section 2051.044 of the Government Code must satisfy the requirements of a|Newspaper

GA-0882
Greg Abbott

Credit Unions, scope of authority of state-chartered credit unions under statute granting them parity with authority of federally-chartered credit unions

GA-0890
Greg Abbott

Nonprofit community business organization, under section 11.231 of the Texas Tax Code an entity that satisfies the elements in subsections (a) and (d), as determined by the chief appraiser, is a|Property tax exemption under section 11.231 of the Texas Tax Code, an entity that satisfies the elements in subsections 11.231(a) and 11.231(d), as determined by the chief appraiser, is a \\"nonprofit community business organization\\" that qualifies for a|Nonprofit Community Business Organization\r\n\r\nPrimarily

GA-0921
Greg Abbott

Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the State Committee of the Examiners in the Fitting and Dispensing of Hearing Instruments from having a|Financial interest in a retail hearing instrument company, subsection 402.053(d) of the Occupations Code prohibits the doctor member of the Committee from having a|As the administrative agency that oversees the regulation of hearing instruments, the Committee is authorized to determine the scope of the meaning of the prohibition in subsection 402.053(d) of the Occupations Code|Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase \\"retail hearing instrument company,\\" in section 402.053(d) of the Occupations Code, we cannot definitively determine the scope of that phrase

GA-0926
Greg Abbott

Payment of an entry fee to participate in a contest that tests skill or speed and does not involve an element of chance is likely not a bet as provided by subsection 47.01(B) of the Texas Penal Code

GA-0951
Greg Abbott

Retail establishment in Texas is not prohibited from charging an itemized and disclosed \\"service fee\\" on a consumer transaction

GA-0966
Greg Abbott

Operation of golf cart in master planned community, public or private beach, or public highway|Master planned community

GA-0972
Greg Abbott

Employer subject to Labor Code section 52.061 may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice authorized by Penal Code section 30.06|Federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards does not equate to federal law that would preempt Labor Code section 52.061

GA-0990
Greg Abbott

Economic development corporation may obtain benefits for its employees through a risk pool. To the extent permitted by Local Government Code section 501.067, an

GA-1020
Greg Abbott

Whether Texas Advertising Fee Statute is preempted by federal Cigarette Label and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Texas law provides that preempted provisions of a state statute may be severed to leave the remaining statute effective if remaining statute is capable of being executed in accordance with legislative intent|Whether Texas Advertising Fee Statute is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether unconstitutional provision of state statute is severable is a matter of state law. A provision is severable if the remaining statute is capable of execution independent of that which was stricken|Free speech, whether the Texas Advertising Fee Statute violates free speech protections is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the Texas Advertising Fee Statute as it applies to cigarettes is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinion|Whether the federal Cigarette Labeling and Advertising Act preempts the Texas Advertising Fee Statute is a fact-intensive question that cannot be resolved in an attorney general opinion|By providing that a fee shall be remitted, the Texas Advertising Fee Statute imposes a requirement upon purchasers of outdoor cigarette advertising

GA-1050
Greg Abbott

Local Government Code section 505.152 - Court could conclude that funding for a private radio station\\'s building renovations and equipment upgrades is not of the same kind or class of project as those projects expressly authorized by section 505.152|Local Government Code section 505.152 - Court would likely conclude that funding for a city-owned pavilion is of the same kind or class of project as those projects expressly authorized by section 505.152

GA-1052
Greg Abbott

Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the METF statute|Comptroller\\'s authority under Revised Civil Statutes article 5190.14,section 5A to adopt rules to implement the Major Events Trust Fund statute|Major Events Trust Fund statute, Comptroller\\'s authority under Revised Civil Statute article 5190.14, section 5A to adopt rules to implement the METF statute

GA-1058
Greg Abbott

Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for attorney general opinion|Local Government Code, chapter 377 - Court likely to conclude that municipal development district may contract with private nonprofit corporation to operate civic center under chapter 377|Texas Constitution article III, section 52 - a grant of public funds by municipal development district deciding to contract with private entity to perform functions related to civic center under Local Government Code chapter 377 must satisfy requirements of article III, section 52|Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for an attorney general opinion

DM-0036
Dan Morales

Management search consultants exempt from registration and bonding by Department of Licensing and Regulation | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department of Licensing and Regulation | Management search consultants exempt from registration and bonding by Department | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department | Management search consultant

DM-0060
Dan Morales

Talent agency adhering to Screen Actors Guild franchise regulations would not violate Talent Agency Act

DM-0080
Dan Morales

Bonds issued by industrial development corporations, hospitals may not be financed by

DM-0117
Dan Morales

Manufactured home, creditor may require purchaser of to purchase physical damage insurance policy but may not require consumer to purchase policy from particular vendor

DM-0137
Dan Morales

Sales tax rate reduction may not be applied to bonds issued prior to date of election|Rate reduction on sales tax levied by city for industrial development corporation may not be applied to bonds issued prior to date of election

DM-0159
Dan Morales

Outdoor shooting ranges, regulation by reference to standards of National Rifle Association is unconstitutional

DM-0170
Dan Morales

Retailer|Ophthalmic goods|Retailer of ophthalmic goods, optometrist who is retailer with offices at fewer than four locations is not subject to statutory conflict of interest provision|Ophthalmic goods, optometrist who is also retailer of with offices at fewer than four locations is not subject to statutory conflict of interest provision

DM-0185
Dan Morales

Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52|Municipal grants, cities authorized to offer a range of incentives for economic development, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, city may issue bonds to fund provided that bonds issued in accordance with municipal charter and approved by the voters

DM-0236
Dan Morales

Random drug testing by private employers, city ordinance prohibiting is reviewed under "rational basis" test

DM-0253
Dan Morales

Outdoor displays and signs, Pawnshop Act preempts regulation by home-rule city of

DM-0266
Dan Morales

Agricultural cooperative marketing associations, member of non-citrus-related cooperative limited to one vote|Agricultural cooperative marketing associations, citrus-related cooperative may provide for a member association to have more than one vote with certain stipulations regarding payment of stock dividends and/or membership capital|Capper-Volstead Act, exemption of agricultural cooperative marketing associations from federal antitrust laws basis for one vote limitation in Agriculture Code provision

DM-0299
Dan Morales

Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constitute|Note assumed in 1991, economic development corporation obligated on 1991 note may not refrain from payment on basis of statute adopted in 1993

DM-0306
Dan Morales

Gallonage limit, there is none on sales of wine by winery permit holder|Winery permit holder, no gallonage limit on sales of wine by|Winery permit holder, no gallonage limit on sale of wine

DM-0328
Dan Morales

Historically underutilized businesses, Commission may not promulgate rule deeming businesses owned by disabled persons as|Businesses owned by disabled persons as "historically underutilized businesses," General Services Commission lacks authority to promulgate rule deeming|Historically underutilized businesses, General Services Commission may not promulgate rule deeming businesses owned by disabled persons as|Businesses owned by disabled persons, General Services Commission lacks authority to promulgate rule deeming as "historically underutilized businesses"

DM-0330
Dan Morales

Thing of value|Towing company, whether cost of installation of statutorily-required sign must be borne by owner of parking facility or towing company

DM-0331
Dan Morales

Community development block grant funds, expenditure of subject to state competitive bidding laws|Community development block grant funds, municipality must expend in accordance with state competitive bidding laws|Competitive bidding laws apply to contract with nonprofit corporation for expenditure of municipality's community development block grant funds|Competitive bidding laws apply to expenditure of community development block grant funds

DM-0332
Dan Morales

Pawnshop license, inclusion of certain subordinated debt of pawnshop in calculation of net assets to determine eligibility for|Subordinated debt of pawnshop, inclusion of in calculation of net assets to determine eligibility for pawnshop license

DM-0361
Dan Morales

Residency requirement for applicants for liquor license, constitutionality of|Liquor license applicants, constitutionality of residency requirement for

DM-0390
Dan Morales

Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting a new tax increment base|Reinvestment zone, whether city's loan to defunct reinvestment zone may be treated as "project cost" of successor|Reinvestment zone, authority of city to terminate reinvestment zone and create successor for purposes of setting new tax increment base|Reinvestment zone, authority of taxing unit to adjust tax increment base

DM-0433
Dan Morales

Cigarette vending machines, home-rule city may prohibit|Preempted by state law, home-rule city ordinance prohibiting cigarette vending machines is not|Cigarette vending machines, home-rule city may adopt ordinance restricting or prohibiting

DM-0456
Dan Morales

Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zone|County tax abatement agreement, authority to amend by deleting land from reinvestment zone|Area|Zone

DM-0479
Dan Morales

Cooperative corporation must incorporate under Cooperative Association Act and not under Texas Non-Profit Act

JC-0007
John Cornyn

Nutrition Labeling and Education Act of 1990 does not preempt state law establishing mandatory bread weights|Bread weight standards under state law not preempted by federal labeling laws|Bread weights, whether federal labeling laws preempt state law mandating

JC-0032
John Cornyn

Prevailing wage law does not apply to project undertaken by development corporation unless state or political subdivision is a party to the construction contract|Prevailing wage law does not apply to project undertaken by development corporation created by city unless city, state, or another political subdivision is a party to the construction contract

JC-0078
John Cornyn

Residential service contract sale by real estate broker or salesperson at home listed or shown may be subject to consumer transaction restrictions in chapter 39 of the Business and Commerce Code|Residential service contracts sold through telephone solicitations, application of consumer credit card charge restrictions in chapter 37 of the Business and Commerce Code \r\n\r\n|Unsolicited telephone calls by residential service company to sell renewal contracts to consumers, application of chapter 37 of the Business and Commerce Code

JC-0092
John Cornyn

Grants for economic development, authority of county commissioners court to make|Economic development grants that are the economic equivalent of a tax abatement, authority of county to make

JC-0093
John Cornyn

Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Federal Constitution|Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Commerce Clause|Annual registration and fee requirement imposed on manufacturers and distributors of hazardous toys not violative of Supremacy Clause

JC-0109
John Cornyn

Development corporation, city that established it may not give public money or free services to but may provide funding and services in exchange for consideration, subject to certain limitations|Development corporation, city that established it may not give public money or free services to but may provide funding and services in exchange for consideration, subject to certain limitations\r\n|Development corporation may sell or lease project to city that established corporation, subject to certain limitations|Development corporation not subject to provisions governing land sales of political subdivisions but must ensure that property purchased with sales and use tax proceeds is sold for fair market value and its board must approve transaction in compliance wit

JC-0118
John Cornyn

Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 of Texas Constitution|Development Corporation Act of 1979, section 4B sales and use tax proceeds may only be used for project costs; they may not be used for "promotional purposes" unrelated to projects|Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52

JC-0133
John Cornyn

Abatement may not be granted to the owner of property that was previously the subject of a ten-year tax abatement agreement|Tax abatement may not be granted to the owner of property that was previously the subject of a ten-year tax abatement agreement

JC-0141
John Cornyn

Tax increment financing reinvestment zones, authority of municipality to use unexpended tax increment funds to build project outside of terminated zone

JC-0145
John Cornyn

Street vendors, Type A general-law city's authority to regulate or prohibit by ordinance

JC-0152
John Cornyn

Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas Constitution|School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality of

JC-0174
John Cornyn

Test drive, automobile dealer's contest that requires entrant to participate in is not a lottery

JC-0211
John Cornyn

Hair and beard, State Board of Barber Examiners has authority to distinguish between for purposes of enforcing provisions in Occupations Code|Hair and beard, distinction between not void for vagueness on its face; but State Board of Barber Examiners should clarify by rule to avoid vagueness problem in applying statute|Hair and beard, Board has authority to distinguish between for purposes of enforcing provisions in Occupations Code|Hair and beard, distinction between not void for vagueness on its face; but Board should clarify by rule to avoid vagueness problem in applying statute

JC-0213
John Cornyn

Fraudulent filing provisions of section 9.412 of the Business and Commerce Code do not apply to any transaction listed in section 9.104 thereof

JC-0252
John Cornyn

Municipal park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residents|Park board, authority to authorize tourist hotel under its management and control to offer fitness center memberships to local residents

JC-0256
John Cornyn

Security interest, county clerk may not file purported UCC financing statement that names same person as both debtor and secured party|Financing statement that names same person as both debtor and secured party, clerk may not file purported UCC

JC-0271
John Cornyn

Real estate appraisers, authority to complete valuation conditions form for FHA appraisals|FHA appraisals, authority of real estate appraiser to complete valuation conditions form for

JC-0291
John Cornyn

Visitors and tourists|County development districts lack authority to levy ad valorem taxes because authority to levy tax must be express|County development district projects are limited to those that will attract tourism to the county|County development districts lack authority to levy ad valorem taxes|County development district not authorized to undertake general economic development projects, projects limited to those that will attract tourism to the county|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 tax

JC-0296
John Cornyn

Price fixing, validity of contractual provision between a manufacturer and a distributor agreeing to the price the distributor will sell bingo equipment

JC-0300
John Cornyn

Tax abatement agreement with owner of tax-exempt leasehold interest in tax-exempt real property, county's authority to enter into

JC-0309
John Cornyn

Parental consent forms, Commission may not require of minors engaged in delivery of newspapers to the consumer|Newspaper subscriptions, child under 14 may not solicit unless the child simultaneously tries to sell current issue and will also subsequently deliver newspaper to that customer

JC-0322
John Cornyn

Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Department|Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the Commission|Residential service contracts|Service contracts|Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and Regulation|Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate Commission

JC-0327
John Cornyn

Bryan-College Station Economic Development Corporation, nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development is not a governmental body subject to Open Meetings Act|Nonprofit corporation established by incorporators that contracts with county and cities to coordinate economic development not a governmental body subject to Open Meetings Act

JC-0337
John Cornyn

Magnetic stripe information contained on driver's license may be used only by law enforcement and other government personnel acting in official capacities (Superceded by statute - Tex. Alco. Bev. Code Ann. § 109.61)|Magnetic stripe information contained on driver's license may not be used by retail business (Superceded by statute - Tex. Alco. Bev. Code Ann. § 109.61)

JC-0338
John Cornyn

Conflict of interest standard in Non-Profit Corporation Act applies to directors of development corporation established under article 5190.6, Revised Civil Statutes|Directors of development corporation established under article 5190.6, Revised Civil Statutes, are subject to conflict of interest standard in Non-Profit Corporation Act|Development corporation established under article 5190.6, Revised Civil Statutes, directors are subject to conflict of interest standard in Non-Profit Corporation Act

JC-0349
John Cornyn

Term of office of director of economic development corporation established under article 5190.6, section 4A of the Revised Civil Statutes|Director of economic development corporation established under article 5190.6, section 4A of the Revised Civil Statutes may be reappointed to subsequent term|Subsequent term, director of economic development corporation established under article 5190.6, section 4A of the Revised Civil Statutes may be reappointed to

JC-0362
John Cornyn

Sales and use tax levied under section 4A of Development Corporation Act of 1979, authority to make a "grant" of tax proceeds for "rehabilitation and job training/educational facility"

JC-0390
John Cornyn

Federal contractors, Texas Board of Professional Engineers' authority to license and register engineers preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications|Licensing and registration requirements of Texas Engineering Practice Act preempted by federal procurement laws and regulations under which the federal government assesses engineers' qualifications

JC-0400
John Cornyn

Park project not specifically approved at tax election, use of section 4B sales and use tax proceeds collected under Development Corporation Act of 1979 for|Development Corporation Act of 1979, use of section 4B sales and use tax proceeds for park project not specifically approved at tax election

JC-0447
John Cornyn

Exclusive health provider contract, whether it violates state antitrust laws|Exclusive health provider contract, whether it violates state antitrust laws and insurance code

JC-0450
John Cornyn

Price fixing, revenue-share leasing agreement that permits manufacturer of bingo equipment to control price at which distributor leases equipment to conductor violates Bingo Enabling Act provision prohibiting

JC-0481
John Cornyn

Emergency lights in tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in|Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light bar|Tow trucks performing nonconsensual tows, Harris County may regulate lighting equipment for|Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in

JC-0485
John Cornyn

Sexually oriented business located within specified distance of church in another city, municipality may enforce ordinance against

JC-0486
John Cornyn

Uniform Commercial Code - Secured Transactions, office in which financing statement terminating pre-effective-date finance statement must be filed under section 9.707(e) of Business and Commerce Code

JC-0488
John Cornyn

Election proposition, if authorizes use of Development Corporation Act of 1979, section 4B, sales and use tax proceeds for access road to undeveloped commercially zoned property|Development Corporation Act of 1979, section 4B sales and use tax, if election proposition authorizes use of proceeds for access road to undeveloped commercially zoned property|Access road to undeveloped commercially zoned property, use of sales and use tax collected under section 4B of Development Corporation Act of 1979 for

JC-0494
John Cornyn

Development Corporation Act of 1979, section 4B sales and use tax election proposition approved in Gun Barrel City limits tax proceeds to projects that promote business development|Election proposition limits use of Development Corporation Act of 1979, section 4B sales and use tax collected in Gun Barrel City to business development projects|Project that does not promote business development, use of sales and use tax collected under section 4B of Development Corporation Act of 1979 for

JC-0513
John Cornyn

Loan transactions for which Consumer Credit Commissioner is appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to|Loan transactions for which Consumer Credit Commissioner is the appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to the regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to

JC-0526
John Cornyn

Uniform Commercial Code - Secured Transactions, office in which financing statement amending, continuing, or terminating pre-effective-date financing statement covering consumer goods must be filed|Uniform Commercial Code - Secured Transactions, office in which financing statement filings to perfect security interests in "as-extracted collateral or timber to be cut" or fixture filings must be made

JC-0528
John Cornyn

Legal fees|Pay|Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorney

JC-0536
John Cornyn

Accounting firms with owners who are not certified public accountants, authority to organize under Texas Business Corporation Act or Texas Limited Liability Company Act|Accounting firms with owners who are not certified public accountants, authority to incorporate under Texas Business Corporation Act or Texas Limited Liability Company Act

JC-0547
John Cornyn

Executive director of corporation, mayor of city that creates industrial development corporation is not prohibited from serving as, but he may in certain instances be obliged to disclose his relationship when city council considers matters involving the c

JC-0553
John Cornyn

Economic development corporation created under article 5190.6, section 4A of the Revised Civil Statutes and dissolving following voter initiative, creating municipality must approve plan of dissolution|Dissolution plan of economic development corporation created under article 5190.6, section 4A of the Revised Civil Statutes and dissolving following vote of electorate must be approved by creating unit

JC-0554
John Cornyn

Towing company may not provide free services to a parking facility in exchange for a towing contract

JC-0567
John Cornyn

Eligible project in an enterprise zone, authority to grant additional and concurrent designation in a single enterprise zone enterprise to a qualified business|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone for additional job allocation and sales tax refund|Post-enactment statements by legislators are not evidence of legislative intent|Eligible project in an enterprise zone, additional and concurrent designation of a qualified business in a single enterprise zone

JC-0581
John Cornyn

Breeders' Cup races for which race track may obtain reimbursement for capital costs and improvements under section 6.094 of the Texas Racing Act, "The Great State Challenge" does not qualify as one

JM-1195
Jim Mattox

Air conditioning and refrigeration contractor licensed by Department of Licensing and Regulation, city may not impose local licensing taxes, occupation taxes, or bond requirements on|Air conditioning and refrigeration contractor licensed by Department, city may not impose local licensing taxes, occupation taxes, or bond requirements on

JM-1210
Jim Mattox

Security lending agreements, trustees of municipal fire fighters retirement fund not authorized to enter into with corporate borrower|Security lending agreements|Trustees of municipal fire fighters retirement fund not authorized to enter into "securities lending agreements" with corporate borrower

JM-1227
Jim Mattox

Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-a of the Texas Constitution|City may not lend its credit by being a guarantor for the obligations of a private entity for an economic development purpose except pursuant to statute implementing article III, section 52-a of the Texas Constitution|Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-a

JM-1228
Jim Mattox

Unclaimed property, person who assists owner to locate unclaimed property that has escheated to state may not receive an amount for services, including expenses, that exceeds ten percent of the value of the property recovered

JM-1272
Jim Mattox

Driving instructor for private, nonprofit corporation must comply with statutory requirements for such instructions|Corporation, private, nonprofit, that offers driver safety instruction must comply with statutory requirements regulating such business|Driver safety instruction, private, nonprofit corporation that offers must comply with statutory requirements regulating such businesses

KP-0277
Ken Paxton

Chapter 393 of the Finance Code does not restrict credit services organizations, other than when operating as credit access businesses, from obtaining for a consumer or assisting in obtaining an extension of consumer credit in a form other than a deferred presentment transaction or motor vehicle title loan.

A determination about whether any specific extension of credit complies with the requirements of chapter 393 will involve a factual inquiry into the precise offering, and such questions are beyond the scope of an attorney general opinion.