Skip to main content

Constitutional Law - Texas

Summaries

KP-0004
Ken Paxton

Absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.|It is likely a court would conclude that, absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.

KP-0005
Ken Paxton

Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532

KP-0007
Ken Paxton

Salary, expenses, allowances, and other benefits provided by the county - Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose.

KP-0017
Ken Paxton

Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility Fund|Texas courts do not use ballot language to construe a constitutional amendment.|Ballot language of a proposed constitutional amendment is sufficient if it identifies the amendment, showing its character and scope, that is, its intent, import, subject matter, or theme.

KP-0048
Ken Paxton

Article 4, section 14 of the Texas Constitution, the Governor may veto items of appropriation, which is a designation of funds for a specific purpose|Governor's veto, if additional funds apart from what was vetoed by the Governor are available, and if authority outside of the vetoed language permits expenditure of those funds for a given purpose, and entity may spend other funds accordingly

KP-0056
Ken Paxton

Payment of costs incurred in a successful appeal to a zoning board as unconstitutional gratuity

KP-0066
Ken Paxton

Ad valorem property tax exemption for higher education institutions

KP-0071
Ken Paxton

Article II, section 1, Texas Constitution - a court is unlikely to conclude that Senate Bill 1876 from Eighty-fourth Legislature is unconstitutional under, or unconstitutionally vague

KP-0072
Ken Paxton

Local option homestead exemption from the amount that was adopted for the 2014 tax year through the 2019 tax year; Tax Code subsection 11.13(n-1) prohibits a school district, municipality, or county from repealing or reducing the

KP-0099
Ken Paxton

School district's contract for legal services, under Texas Supreme Court test, would violate Texas Constitution article III, section 52(a) if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.|Texas Disciplinary Rules for Professional Conduct, to the extent that circumstances forming the basis for an alleged violation of the, suggest that an expenditure does not comport with the requirements of Texas Constitution article III, section 52(a), a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a)|Whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.|Texas Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud.||Article III, section 52(a), whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.|Article III, section 52(a), Texas Constitution, under Texas Supreme Court test, a school district's contract for legal services would violate if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.|Article III, section 52(a), to the extent that circumstances forming the basis for an alleged violation of theTexas Disciplinary Rules for Professional Conduct suggest that an expenditure does not comport with the requirements of, a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a).

KP-0101
Ken Paxton

A county equalization tax under former chapter 18, Education Code, appears to provide a county school board operating thereunder meaningful discretion with regard to the tax such that a court could determine that the tax is not constitutionally infirm under article VIII, section 1-e.

KP-0116
Ken Paxton

Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for

KP-0119
Ken Paxton

College trustee and county commissioner, simultaneous service as|Incompatibility of simultaneous service as college trustee and county commissioner

KP-0133
Ken Paxton

Delegation of legislative authority to private entity-a court would first confirm the delegation, examining whether it results in a private entity setting public policy, providing the details of the law, promulgating rules and regulations to apply the law, or ascertaining conditions upon which existing laws may operate. If so, court would apply eight-factor test from Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen to determine whether the factors as a whole weigh in favor of or against constitutionality.|Delegation of legislative authority to public entity - court examines whether the Legislature established reasonable standards to guide the public entity in exercising such powers.|Regulatory takings challenge, a court considering challenge would use federal framework examining: (1) regulation's economic impact on claimant; (2) the nature of the governmental action; and (3) regulation's degree of interference with property owner's economic expectations."|Proposed management plan (the "Plan") for the Upper San Saba River involving a potential delegation of legislative authority, the constitutionality of, and whether such a Plan would result in a regulatory taking, involves fact determinations that cannot be resolved in an attorney general opinion.

KP-0140
Ken Paxton

Election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1, in addition to the statutory election officer's oath.|Oath of office - election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1.

KP-0143
Ken Paxton

Article VIII, subsection 7-c(a), Texas Constitution - if Comptroller is unable to calculate deposit amount before fiscal year ends, court likely to conclude doing so as soon as possible thereafter would result in substantial compliance with

KP-0155
Ken Paxton

Tree preservation ordinances, a court could find a regulatory taking if all economically beneficial or productive use of land is denied or if the ordinance unreasonably interferes with a landowner's right to use and enjoy their property|Takings Clause, article I, section 17, Texas Constitution - Tree preservation ordinances, a court could find a regulatory taking if all economically beneficial or productive use of land is denied or if the ordinance unreasonably interferes with a landowner's right to use and enjoy their property

KP-0177
Ken Paxton

Absent educational purpose, use of school district's public funds to transport students and employees to and from polling places violates Texas Constitution article III, section 52|Absent educational purpose, school district may not use public funds to transport students and employees to and from polling places|School district public funds may not be used to promote or oppose candidates or measures

KP-0181
Ken Paxton

Article III, section 52(a) prohibits gratuitous payment of public funds for private purposes|General law municipalities may exercise only powers specifically conferred on them by statute or constitution

KP-0183
Ken Paxton

Article XVI, section 50 - home equity lending|U. S. Department of Veterans Affairs cash-out refinance loan - whether Texas veterans may obtain|Home equity lending - Texas Constitution article XVI, section 50|Department of Veterans Affairs cash-out refinance loan|Cash out loan|Home equity loan

KP-0197
Ken Paxton

Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1|Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7|Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects|Transportation Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects

KP-0204
Ken Paxton

School district's expenditure for a scholarship program under article III, section 52(a)|School district's expenditure for a scholarship program under Texas Constitution article III, section 52(a)|School district's expenditure for a scholarship program under Texas Constitution article II, section 52(a)

KP-0208
Ken Paxton

County education department's expenditure for a hurricane relief fund under article III, section 52(a)|County education department's expenditure for a hurricane relief fund under Texas Constitution article III, section 52(a)

KP-0211
Ken Paxton

Article XVI, section 40(b)(1) prohibits current public school district employees who are not schoolteachers from receiving salary for city council service|Article XVI, section 40(b)(1) allows public schoolteachers to receive salary for city council service|Whether employee qualifies as schoolteacher is fact question contingent upon directly instructing students in required curriculum

KP-0215
Ken Paxton

Homestead tax exemption establishing floor greater than amount set in Texas Constitution article VIII, § 1-b(e) - authority of home-rule municipality to adopt|Homestead tax exemption establishing floor greater than amount set in Texas Constitution article VIII § 1-b(e) - authority of home-rule city to adopt|Homestead tax exemption - $5,000 floor set in Texas Constitution article VIII § 1-b(e) may not be increased by home-rule municipality|Property tax exemption - chief appraiser determines individual's right to exemption and has duty to determine an exemption is inapplicable to extent it violates the law

KP-0226
Ken Paxton

Article XVI, section 40(d) precludes legislators from providing services as an employee of local government|Legislator's acceptance of payment from local government for lobbying, authority and limitations|Legislator as employee of local government, prohibited by Texas Constitution article XVI, section 40(d)|Legislators precluded by Texas Constitution article XVI, section 40(d) from providing services as employee of local government

KP-0227
Ken Paxton

Legislator barred by article XVI, section 40(d) from also serving as employee of municipal management district|Legislator barred by Texas Constitution article XVI, section 40(d) from also serving as employee of municipal management district|Independent contractor working for political subdivision is not "position of profit" within article XVI, section 40(d)|Independent contractor working for political subdivision does not hold "position of profit" within Texas Constitution article XVI, section 40(d)|Legislator barred from also serving as employee of municipal management district|Article XVI, section 40(d) prohibits Legislator from also serving as employee of municipal management district

KP-0229
Ken Paxton

Permanent School Fund is nonspendable except for specific distributions and payments authorized by article VII, section 5|Permanent School Fund is nonspendable except for specific distributions and payments authorized by Texas Constitution article VII, section 5|Permanent School Fund - extent to which General Land Office should classify as nonspendable in annual financial reporting|Classification of Permanent School Fund in annual financial reporting

GA-0006
Greg Abbott

State senator elected at November 2000 general election is not eligible to be appointed to position that requires Senate confirmation

GA-0009
Greg Abbott

Maintenance and operations tax, application of wealth reduction provisions to property tax revenues attributable to tax rate in excess of $1.50 per $100 valuation|School district maintenance and operations tax, application of wealth reduction provisions to property tax revenues attributable to tax rate in excess of $1.50 per $100 valuation|Public free schools, efficient system of

GA-0021
Greg Abbott

Determination as to whether board or commission is advisory must be made by examination of constitutional and statutory provisions which created board or commission and which conferred duties on them|Certain boards or commissions that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a of Texas Constitution|Article XVI, sections 30 and 30a of the Texas Constitution, civilian appointees to Commission are subject to|Article XVI, sections 30 and 30a of the Texas Constitution, lone military appointee to Commission included in determining number of members of Commission but would not be subject to|Voting ex officio members of boards or commissions are included in determining number of members of board or commission for purposes of article XVI, section 30a|Article XVI, sections 30 and 30a, members of advisory boards and advisory commissions are not "officers" for purposes of|Certain boards that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a|Certain boards that are not "required by this constitution," legislature must increase or decrease number of board members to comply with article XVI, section 30a

GA-0023
Greg Abbott

Trauma facility|Registration fees constitutionally may not be used to fund trauma facilities|Trauma facilities, motor-vehicle-registration fees may not constitutionally be used to fund|Motor-vehicle-registration fees may not be used to fund trauma facilities

GA-0025
Greg Abbott

Instant runoff voting, home-rule municipality cannot institute because inconsistent with state constitutional and statutory requirements that municipal officers be elected by majority vote and, if no candidate be elected by a majority, that a runoff elec|Instant runoff voting, home-rule municipality cannot institute because inconsistent with state constitutional and statutory requirements that municipal officers be elected by majority vote and, if no candidate be elected by a majority, that a runoff elect|Preferential voting|Instant runoff voting

GA-0033
Greg Abbott

Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasury|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 Constitution|Trust fund abolished by later enacted bill, authority of state agency to expend monies received by fund|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|Community health center loans, whether statute providing for grant of money to development corporation to make such loans serves a public purpose and imposes adequate controls

GA-0054
Greg Abbott

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 house|Comptroller's revenue estimate, in order to exceed, appropriation bill must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each house

GA-0062
Greg Abbott

School district's payment of legal fees of claimant against whom it has prevailed in court is gratuitous donation of public funds in violation of article 3, section 52

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-0076
Greg Abbott

Medical expenses and travel costs related to student's injury at school or while involved in a school activity, school district's authority to pay|School district's authority to provide for health and safety of students

GA-0078
Greg Abbott

Online legal research services may be obtained using county law library fund under plan that also benefits private attorneys|Online legal research services which also benefits private attorneys, use of county library fund to obtain is not an unconstitutional use of public funds for private purposes|Online legal research services for public under plan that also benefits private attorneys, law library fund may be used to obtain

GA-0085
Greg Abbott

County equipment, materials and labor, whether a county may maintain or work on private non-road property|Use of county equipment, materials and labor, whether a county may maintain or work on private non-road property|Dirt, authority of county to sell

GA-0103
Greg Abbott

Video lottery terminals, legislature barred by article III, section 47(e), Texas Constitution, from authorizing state to operate

GA-0134
Greg Abbott

Property tax abatement agreement, county may not amend retroactively after liabilities for a given tax year are due and owing

GA-0143
Greg Abbott

Proceeds from the sale of agency salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes and, for sales occurring on or after September 1, |Revenue constitutionally dedicated to highway purposes, proceeds from sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes, and|Proceeds from the sale of salvage or surplus personal property purchased with funds constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after September 1, 2003, may b|Highway purposes, proceeds from the sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after Septe

GA-0145
Greg Abbott

Justice of the peace fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice to retain fees in addition to salary|Fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice of the peace to retain fees in addition to salary

GA-0149
Greg Abbott

Repeal of confidentiality provision applies to information submitted to governmental body before repeal's effective date unless otherwise provided|Water-use surveys, repeal of confidentiality provision applies to surveys submitted to board before repeal's effective date; to the extent repeal has some retroactive effect, it does not violate constitutional prohibition against retroactive laws|Confidentiality provision, to the extent amendment repealing has some retroactive effect, it does not violate prohibition against retroactive laws

GA-0155
Greg Abbott

Additional fees paid to a court reporter, a district and county court at law court reporter may be paid salary as well as compensated for additional work performed without violating article III, section 53 of Texas Constitution|Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensation for additional work performed without violating article III, section 53 of Texas Constitution|Court reporter is not an officer for purposes of article XVI, section 61 of Texas Constitution|Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensated for additional work performed without it being a violation of article III, section 53 of Texas Constitution|Transcript prepared by a court reporter, a county may be required to pay fees for a transcript when the county itself is a party to litigation or when transcript is prepared for indigent|Additional compensation|Additional work performed|Officer|Salary

GA-0175
Greg Abbott

Where city charter defines quorum as five members, removal from office of members does not reduce number required for quorum|Recall election, city council members removed from office in recall election do not hold over until their successors are qualified

GA-0188
Greg Abbott

Self-insurance, authority of hospital district to provide funds for self-insurance to charitable organization created on district's behalf|Self-insurance, whether a hospital district may provide funds for self-insurance to charitable organization created on district's behalf

GA-0193
Greg Abbott

Salary, a county may not pay a justice of the peace an amount over and above the justice's to perform an inquest or serve as a magistrate|Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrate

GA-0194
Greg Abbott

Retroactive tax exemption|Travel trailers, retroactive exemption for|Refund tax collected on travel trailers under retroactive exemption in 2002 and 2003, no implied authority for political subdivision to|Travel trailers, no implied authority to refund taxes collected in 2002 or 2003

GA-0204
Greg Abbott

Advanced Placement Incentive Program, terms under which public school teacher may receive payment under section 521.126 of Education Code|Advanced Placement Program, a payment to a public school teacher under section 521.126 of the Education Code serves a public purpose|Advanced Placement Incentive Program, a payment to a public school teacher under section 521.126 of the Education code serves a public purpose.

GA-0205
Greg Abbott

Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas Constitution|Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not violate separation of powers|Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas Constitu

GA-0210
Greg Abbott

Resign to run, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacy|Automatic resignation, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacy|Private conversation with newspaper reporter about officeholder's plans to run for another office did not constitute announcement of candidacy

GA-0217
Greg Abbott

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 office|Resign to run, police officers who are not officers are not subject to automatic resignation under article XI, section 11|Home-rule city, authority to provide in city charter for automatic resignation of mayor or council member who runs for another office

GA-0221
Greg Abbott

Retirement systems, a retired City of Houston employee may not receive benefits from multiple retirement systems for the same service|Constitutional prohibition on a person receiving Benefits from multiple retirement systems for the same service would preclude a retired City of Houston employee from receiving a pension from the Houston Municipal Employee Pension System as well as a bene|System of Retirement Benefits|Common understanding, court generally interprets words of constitution in accordance with

GA-0222
Greg Abbott

Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule city under article VIII, section 1-b(h) of Texas Constitution may not be repealed by an election called pursuant to a petition of the cit|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, article VIII, section 1-b(h) of the Texas Constitution does not permit a county, a city or town, or a junior college district implementing that provision to use|Property tax freeze, article VIII, section 1-b(h) of the Texas Constitution authorizes a governing body of a home-rule municipality, on its own motion and without a petition from the city's voters, to call an election to adopt a tax freeze for persons who|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule municipality under article VIII, section 1-b(h) of Texas Constitution may not be repealed by an election called pursuant to a petition of|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule municipality under article VIII, section 1-b(h), may not be repealed by an election called pursuant to a petition of the city's voters|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, article VIII, section 1-b(h) of the Constitution does not permit a county, a city or town, or a junior college district implementing that provision to use a yea|Property tax freeze, article VIII, section 1-b(h) of the Constitution authorizes a governing body of a home-rule municipality, on its own motion and without a petition from the city's voters, to call an election to adopt a tax freeze for persons who are d

GA-0227
Greg Abbott

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 benefits|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 Cons|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 does not apply to

GA-0231
Greg Abbott

Family protection fee collected upon the filing of a suit for dissolution of marriage, revenues from may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas Constitution|Family protection fee revenues may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas Constitution|Open courts provision, family protection fee revenues may be used for court-related purposes without contravening

GA-0237
Greg Abbott

Lien for public improvement district assessment created by statute may be enforced by foreclosure of a homestead provided that the lien predates the date the property became a homestead and the amounts to be collected fall within the lien's scope|Foreclosure to collect public improvement district assessment permissible if the statutory lien created by section 372.018(b) of the Local Government Code predates the date the property became a homestead and the amounts to be collected fall within the li|Public improvement district assessment may be enforced by foreclosure of a homestead provided that the statutory lien created by section 372.018(b) of the Local Government Code predates the date the property became a homestead and the amounts to be collec|Homestead, a public improvement district assessment may be enforced by foreclosure of a homestead provided that the statutory lien created by section 372.018(b) of the Local Government Code predates the date the property became a homestead and the amounts

GA-0240
Greg Abbott

Rules are construed in the same way as statutes|Remonstrance, individual's right of|Innocence, rule stating requirements to apply for Board recommendation of pardon based on Board's authority to waive such requirements

GA-0252
Greg Abbott

Junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Lease, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Real property lease, junior college district's authority to enter into long-term lease of campus land with religious organization that would construct student center, chapel, and other facilities|Religion, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Establishment Clause, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus|Real property lease as a thing of value, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus

GA-0263
Greg Abbott

Appointee to office of sheriff entitled to hold office until his successor has duly qualified|General election, person elected sheriff at, not entitled to assume office until January 1 of following year|Appointee to office of sheriff entitled to serve until successor has qualified, and successor may not assume office until January 1 of year following general election|Sheriff, person appointed to fill unexpired term of sheriff is entitled to hold office until his successor has duly qualified|Sheriff elected at November general election not entitled to assume office until January 1 of following year

GA-0269
Greg Abbott

Elections implementing a tax freeze under article VII, section 1-b(h) of the Texas Constitution, home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to|Elections implementing a tax freeze under article VIII, section 1-b(h), home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to|Elections implementing a tax freeze under article VIII, section 1-b(h) of the Texas Constitution, home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to

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-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-0317
Greg Abbott

Taxation, statute requiring chief appraisers of overlapping appraisal districts to enter into their districts’ appraisal records the lowest appraised and market values from all the values determined by each appraisal district does not violate article VIII|Overlapping appraisal districts, statute requiring chief appraisers of overlapping appraisal districts to enter into their districts’ appraisal records the lowest appraised and market values from all the values determined by each appraisal district does n

GA-0321
Greg Abbott

Leased land, article III, section 52 does not prohibit a school district from using public funds to construct buildings on if the board of trustees determines that the expenditure serves a public purpose and places sufficient controls on the transaction t|Long term lease of school district land to private entity, an independent school district has implied authority to lease school land to a private entity, but in leasing school property the board of trustees may not (i) permit uses of the property that wou

GA-0322
Greg Abbott

Compensating suspended deputy or employee, as a county officer, a sheriff serving as tax assessor-collector has discretion to his suspend deputies and employees as well as the discretion to continue|Suspension with pay, prospective term of employment does not violate constitution where provision serves legitimate public purpose and has sufficient controls to ensure public purpose is served \r\n\r\nSuspension with pay to county employees is gratuitous ex|Salary of county employees, county commissioners court sets when it adopts the county budget

GA-0340
Greg Abbott

Court-related purposes|Open courts provision requires fees charged to litigants to be used only to support judiciary|Budget-making authority is vested in commissioners court|Expired budget, commissioners court has no authority to amend|Special account in county general fund, authority of commissioners court to establish|Special budget, no authority for commissioners court to prepare budget separate from general county budget "excess contributions" remitted to county under Local Government code section 26.008

GA-0356
Greg Abbott

Vested right, retroactive law is unconstitutional only if it impairs|Term limits provisions may be applied to service before effective date|City charter provision will not be construed by this office unless it implicates a question of federal or state law

GA-0358
Greg Abbott

County gaming districts, absent a constitutional amendment the legislature may not authorize creation of such districts on a local option basis to administer a state video lottery

GA-0363
Greg Abbott

Property tax freeze for persons with disabilities or persons sixty-five years of age or older, the tax limitation in article VIII, section 1-b(h) of the Constitution is available to a city that has not previously enacted a residence homestead tax exemption|Property tax freeze for persons with disabilities or persons sixty-five years of age or older, the tax limitation in article VIII, section 1-b(h) of the Texas Constitution is available to a city that has not previously enacted a residence homestead tax exemption

GA-0364
Greg Abbott

Fee for delivering a notice to vacate premises, whether a constable may retain in addition to his or her salary|Constable fee for delivering a notice to vacate premises, whether a constable may retain in addition to his or her salary under article XVI, section 61 of the Texas Constitution|Fee for delivering a notice to vacate premises, whether a constable may retain in addition to his or her salary under article XVI, section 61 of the Texas Constitution

GA-0365
Greg Abbott

Oath of office, whether DPS commissioned officer is public officer required to take|Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety or Public Safety Commission does no operate|Oath of office, whether DPS commissioned peace officer is public officer required to take|Public office, Aldine standard established by Texas Supreme Court is standard in Texas to determine, under article XVI, section 1, Texas Constitution, whether an individual holds|Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety does no operate

GA-0368
Greg Abbott

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 Constitution|Article 3, Section 53 of the Texas Constitution prohibits a civil service commission from granting a retroactive pay rate increase to municipal employees effective from the date of their last evaluation

GA-0378
Greg Abbott

Board of Dental Examiners, to the extent rider to appropriation of, attempts to require competitive bidding on contracts valued at less than $5,000, it violates article III, section 35 of the Texas Constitution|Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas Constitution

GA-0405
Greg Abbott

County permanent school fund and available school fund, distribution among school districts in a county|School trust funds; distribution by commissioners court of corpus of the county permanent school fund among school districts in a county; distribution by county judge of the available school fund among school districts in a county|County permanent school fund and available school fund, distribution by commissioners court among districts in a county

GA-0407
Greg Abbott

Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands without compensating the Fund violates article VII, section 4 of the constitution|Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands that are part of the Permanent School Fund without compensating the Fund violates article VII, section 4 of the Texas Constitution, and the General Land Office may not adopt rules effectuating such a statute

GA-0421
Greg Abbott

City council member whose current term is uncompensated, article III, section 19 of the Texas Constitution does not render ineligible to serve in the Texas Legislature; "term" is not synonymous with "tenure"|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"|Lucrative office|Term of office

GA-0438
Greg Abbott

Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may|University systems' board of regents may adopt a rule that establishes a dollar amount under which the university system may purchase printing services without competitive bidding|Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procure|Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procure|Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure|Open market contract|Under such regulations as may be prescribed by law

GA-0455
Greg Abbott

Score and rank applications for low-income-housing credits based in part on written statements from state elected officials, statute which requires Texas Department of Housing & Community Affairs to do so does not violate article II, section 1, Separation of Powers doctrine of Constitution

GA-0484
Greg Abbott

Taxation, personal property that is not required to be rendered for taxation is not thereby exempt from|Exemptions from taxation must be strictly construed and may not be raised by implication|Rendition requirement, a motor vehicle that need not be rendered under Tax Code section 22.01(k) is not thereby exempt from taxation

GA-0492
Greg Abbott

Equal protection, county employees' incentive plan does not violate constitutional guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court|Incentive plan for certain county employees does not violate equal protection guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court|Employee incentive plan, a county commissioners court may not provide bonuses under for work performed before the plan was adopted

GA-0516
Greg Abbott

Permanent school fund, accounting methodology for calculating market value for distribution to available school fund \r\n|Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund\r\n|Real property

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-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0528
Greg Abbott

Seawall built by city and funded by public funds may not be built on private land absent an easement or other appropriate interest in the land|City that builds seawall funded by assessments must maintain sufficient control over it to ensure that the public purpose is accomplished and to protect the public's interest in it|City may not build publicly-funded seawall on private land absent an easement or other appropriate interest in the land|Owner may exclude others from his real property|Assessment on property to pay for public improvements that specially benefit the property are levied under taking power but are distinct from general property tax|Assessment, special assessment|Easement

GA-0530
Greg Abbott

City council member who is employed by a school district as a coach may be a schoolteacher for purposes of article XVI, section 40(b)(1) of the Constitution if participating students receive credit for participation|Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses but may not contravene article III, section \r\n52(a) of the Constitution|Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses |Schoolteacher

GA-0544
Greg Abbott

Tissue procurement organization's use of medical examiner's facility presumably has been determined by the Legislature to constitute a constitutional use of public funds|Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources

GA-0550
Greg Abbott

Redistricting constable precincts, appointment of successor constable following|Constable's duty to serve following redistricting that abolishes the constable's precinct|Constable's duty to hold over in office following automatic resignation pursuant to resign-to-run provisions of the constitution

GA-0553
Greg Abbott

Conveyance of public money or thing of value, authority of counties to contractually provide county law enforcement services to a nongovernmental association|Non-delegation, authority of counties to contractually provide county law enforcement services to a nongovernmental association|Law enforcement services, county's authority to contractually provide law enforcement services to a nongovernmental association|County's authority to contractually provide law enforcement services to a nongovernmental association

GA-0573
Greg Abbott

Equal protection guarentee under article I, section 3 is analyzed using federal equal protection standards

GA-0576
Greg Abbott

Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Streets, a county may use road bonds issued under article III, section 52(b) and (c) of the Texas Constitution to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Integral

GA-0578
Greg Abbott

Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to|Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve|Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a|Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to|Appointment of judges for the 444th and 445th Judicial District courts, Governor is required to make appointments as vacancy exists in each court

GA-0583
Greg Abbott

Conveyance of thing of value, authority of county to purchase and then lease generator to a radio station|County authority to purchase and then lease generator to a radio station

GA-0584
Greg Abbott

Rules of the Senate or House, the Attorney General will not construe|President pro tempore of the Senate does not serve a definite term of office under article III, section 9(a)|President pro tempore of the Senate does not serve a definite term of office under article III, section 9(a) of the Texas Constitution|President pro tempore of the Senate is not a state officer subject to impeachment under article XV, section 7|President pro tempore of the Senate is not a state officer subject to impeachment under article XV, section 7 of the Texas Constitution|Rules of the Senate or House, the constitutional separation-of-powers doctrine precludes the Attorney General from construing|Speaker of the House is a state officer subject to impeachment under article XV, section 7|Speaker of the House is a state officer subject to impeachment under article XV, section 7 of the Texas Constitution|Speaker of the House serves a definite term of office under article III, section 9(b)|Speaker of the House serves a definite term of office under article III, section 9(b) of the Texas Constitution|State officer

GA-0585
Greg Abbott

Vacancy on municipal governing body where officers hold terms longer than two year must be filled under article XI, section 11(b) of the constitution, which prevails over inconsistent city charter provisions|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 provisions|Article XI, section 11(b) of the constitution applies to all vacancies in office, not just those created by operation of article XVI, section 65

GA-0586
Greg Abbott

Local civil service commission may not adopt rules that awards additional points to applicants on the basis of residency within the municipality

GA-0592
Greg Abbott

Raffle-style game, Lottery Commission may not operate |Raffle-style game, Commission may not operate

GA-0601
Greg Abbott

County funds, authority to fund water district|Water district, authority to fund |Fox Crossing Water District, Mills County's authority to fund

GA-0615
Greg Abbott

Municipal retirement systems, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employees|Retirement benefits, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employees, constitutionality of

GA-0616
Greg Abbott

County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from

GA-0617
Greg Abbott

Available school fund, constitution does not permit school land board to transfer funds from permanent school fund to available school fund|Constitution does not permit School Land Board to transfer funds from permanent school fund to available school fund|Participates in constitutionally required process for transferring funds from permanent school fund to available school fund|Permanent School Fund\r\nPerpetual School Fund\r\nPublic Free School Fund\r\nTotal Return

GA-0626
Greg Abbott

Ad valorem tax, The Texas Supreme Court has not determined whether the Constitution impliedly prohibits the Legislature from allowing a political subdivision to impose ad valorem taxes absent express constitutional authorization|Ad valorem tax, The Texas Supreme Court has not determined whether the Texas Constitution impliedly prohibits the Legislature from allowing a political subdivision to impose ad valorem taxes absent express constitutional authorization|Ad valorem tax

GA-0632
Greg Abbott

Slayer’s Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child under circumstances not within the \r\n|Probate Code section 41(e)(3) would likely be held by a court to contravene article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child if the person has been convicted, placed on community supervision, including deferred adjudication community supervision, under circumstances not within the Slayer’s Rule or the constructive trust doctrine|Attainder\r\n\r\n|Civil death\r\n\r\n|Slayer’s Rule\r\n

GA-0634
Greg Abbott

Water districts, valuation of real property offered for sale to lessee of property|Brazos River Authority, valuation of real property offered for sale to lessee of property|Fair market value

GA-0643
Greg Abbott

Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas Constitution|Announce|Campaign treasurer appointment filing, constitutionality of

GA-0652
Greg Abbott

Unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Ratification and payment of unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Indigent health care services invoices in excess of amount budgeted for that purpose, whether unconstitutional debt

GA-0653
Greg Abbott

Equal and uniform requirement, if its sales and use tax at different rates in different subregions falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable, Regional Transportation Authority’s sales and use tax levy does not violate|Regional Transportation Authority’s levy of sales and use tax at different rates in different subregions does not violate constitutional equal and uniform requirement if the tax falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable|Sales and use tax; levy by Regional Transportation Authority

GA-0658
Greg Abbott

Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speech

GA-0664
Greg Abbott

Public funds, grant of county funds to school district or charter school

GA-0670
Greg Abbott

Unconstitutional local or special law, test is whether there is a reasonable basis for the classification and whether the law operates equally on all within the class|Constitutionality of sections 143.088 and 143.1041, Local Government Code

GA-0676
Greg Abbott

Property tax exemption, maximum authorized amounts for disabled veterans|Disabled veterans, maximum amount of property tax exemption authorized

GA-0698
Greg Abbott

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 Representatives

GA-0721
Greg Abbott

Hospital district’s authority to contribute funds to city for a building to house emergency medical services vehicle|Building to house emergency medical services vehicle, hospital district’s authority to contribute funds to city for a|Hospital district’s authority to contribute funds to city for building to house emergency medical services vehicle

GA-0743
Greg Abbott

Loan proposal that would require college and private lender to share risk of students defaulting on their loans and might require college to discount tuition must comply with statutory provisions regarding the reduction of tuition in chapter 54, Education Code|Texas State Technical College’s discharge of student loans would be constitutional only if made for a legitimate public purpose and if adequate controls existed to ensure that the public purpose is met

GA-0746
Greg Abbott

One-time payment to annuitants of Teacher Retirement System and Employees Retirement System grants "extra compensation" in violation of sections 44 and 53 of article III, Texas Constitution|Extra compensation

GA-0747
Greg Abbott

Payment of civil penalty under chapter 707, Transportation Code, by school district, would not contravene article III, sections 51 and 52(a) of Texas Constitution if district is liable|Payment of civil penalty under chapter 707, Transportation Code, by school district, may not contravene article III, sections 51 and 52(a) of Texas Constitution if district is not liable but payment accomplishes public purpose|Payment of civil penalty under chapter 707 of the Transportation Code by school district may not contravene article III, sections 51 and 52(a) of the Constitution if district is not liable but payment accomplishes public purpose

GA-0751
Greg Abbott

County vehicle, use of by county employee’s to transport a passenger who is not a county officer or employee

GA-0754
Greg Abbott

Posthumous pardons, the Texas Constitution does not limit the Governor's authority to grant posthumous pardons as long as all other constitutional requirements are met|To the extent that the Governor was previously advised in an attorney general opinion that Texas case law prohibited him from granting posthumous pardons, it was reasonable for Governor to rely on such advice|Posthumous pardon, the Board is constitutionally authorized to recommend that the Governor grant a|While they are persuasive authority, attorney general opinions are not binding|To the extent that the Governor was previously advised in an opinion that Texas case law prohibited him from issuing a posthumous pardon, it was reasonable for the Governor to rely on such advice

GA-0769
Greg Abbott

Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner’s seat under particular circumstances

GA-0774
Greg Abbott

Constitutional challenge, Legislature’s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a|Political committees, school districts are prohibited from processing payroll deductions for employees’ contributions to|Processing unauthorized payroll deductions, cannot determine as matter of law section 39.02(a)(2) of the Penal Code is violated as a result of|Membership fees or dues|Professional organization

GA-0780
Greg Abbott

Retroactive laws, construction of statute prohibiting certain deed restrictions as

GA-0829
Greg Abbott

Vacancies on the Texas Higher Education Coordinating Board, the Governor may fill as provided by law|Vacancies on the Board, the Governor may fill as provided by law

GA-0833
Greg Abbott

Article I, section 16 of the Texas Constitution, metropolitan rapid transit authority may charge a withdrawn city for transportation services provided to persons with disabilities pursuant to sections 451.610 and 451.616 of the Transportation Code, even if city withdrew from authority prior to enactment of sections 451.610 and 451.616 of the Transportation Code, without violating

GA-0835
Greg Abbott

Takings, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053|Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053

GA-0843
Greg Abbott

Sandy Land Underground Water Conservation District may transfer certain assets to individuals or other entities only in accordance with three-pronged constitutional test designed to ensure that such transfer accomplishes a public purpose|Sandy Land Underground Water Conservation District has broad statutory authority to transfer certain assets to individuals or other entities

GA-0848
Greg Abbott

State Board of Education, authority to pay attorney fees on a contingent basis out of recoveries of the corpus of the Permanent School Fund|State Board of Education, authority to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Attorney fees, authority of Board to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Permanent School Fund, authority of State Board of Education to pay attorney fees out of recoveries of the corpus of the Permanent School Fund

GA-0850
Greg Abbott

School district’s expenditure of funds for city-mandated infrastructure will not violate article III, section 52 of the Texas Constitution, if school district determines that paying the city for infrastructure costs accomplishes a public purpose and that it otherwise meets the requirements established by the Texas Supreme Court|School district’s expenditure for city-mandated infrastructure, district’s trustees could conclude under proper facts that expenditure is \\"necessary in the conduct of public schools\\" and therefore in compliance with section 45.105 of the Education Code|City ordinance that imposes an impact fee, a school district is not required to pay that fee in the absence of an agreement to do so under section 395.022(b) of the Local Government Code

GA-0871
Greg Abbott

Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital|Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to make

GA-0880
Greg Abbott

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 from

GA-0894
Greg Abbott

Real property, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, sections 51 and of the Texas Constitution|Dedicated cemetery land and land abutting a cemetery, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution|Real property, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution

GA-0933
Greg Abbott

Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government Code

GA-0979
Greg Abbott

Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority to

GA-0981
Greg Abbott

Tax increment bonds, authority of counties to issue

GA-0984
Greg Abbott

Junior college districts, under Education Code chapter 130, junior college districts are \\"school districts\\" within the meaning of Texas Constitution article VII, section 3|Meaning of the term \\"school district\\" within context of Local Government Code subsection 395.022(b) concerning impact fees|School district|Junior college district|Under Education Code chapter 130, junior college districts are \\"school districts\\" within meaning of Texas Constitution article VII, section 3

GA-0985
Greg Abbott

Under Texas Constitution art. XI, section 11(a), home-rule municipality may not change its city council terms from three years to four years without charter amendment|City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)|Home-rule municipality may not change city council terms from three years to four years without charter amendment

GA-0992
Greg Abbott

Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements|No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction|A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved

GA-1000
Greg Abbott

Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branches|A court would likely hold that a judge\\'s award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satifies certain conditions, to shorten the time a defendant is required to serve in a state felony facility by up to twenty percent|In order to receive diligent participation credit under Code of Criminal Procedure subsec. 15(h)6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative programs. Only then may the judge award commutation. The statute does not permit or require the judge to give credit that has not first been earned.|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satifies certain conditions, to shorten the time a defendant is required to serve in a state jail felony facility by up to twenty percent.|Diligent participation credits shorten a defendant\\'s required term of confinement, effectively imposing a less severe sentence.|A statute that required a judge to resentence a defendant in a manner that resulted in a shorter sentence was held to be an unconstitutional extension by the Legislature of commutation \\"as a mere gift or a matter of clemency\\" because the defendant could receive a reduced sentence simply by filing a motion.|The Court of Criminal Appeals upheld the constitutionality of a statute that granted commutation only after a convict, \\"by his own good conduct, had earned it.\\"|Under Texas Code of Criminal Procedure subsection 15(h)(6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative program in order to be entitled to diligent participation credit.

GA-1003
Greg Abbott

Article I, section 32 of the Texas Constitution, political subdivisions are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to|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 to|Article I, section 32 of the Texas Constitution, political subdivisions, including school districts, are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to

GA-1005
Greg Abbott

The article XVI, section 40 prohibition against dual office holding does not apply to the office of justice of the peace|To the extent that a sitting justice of the peace holds dual offices by also serving as a temporary justice under Government Code section 27.055, a court would likely conclude that doing so is constitutional under the exception provided in article XVI, section 40|Government Code section 27.055 authorizes a county judge to appoint \\"a qualified person\\" to serve as a temporary justice of the peace, which denotes one, unspecified individual, not the simultaneous appointment of multiple justices|Government Code section 27.055 does not permit a county judge to appoint an \\"at large\\" temporary justice before the need arises|A sitting justice of the peace who meets the definition of a \\"qualified person\\" may serve as a temporary justice of the peace under Government Code section 27.055 in place of a regular justice of the peace in the same county|The compensation of a regular justice of the peace is set by the commissioners court each year under Local Government Code chapter 152

GA-1013
Greg Abbott

Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county\\'s right-of-way.|Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county\\'s right-of-way|Transportation Code sections 251.003, 251.016, and 251.017 authorize a commissioners court to require a permit and charge a fee for installing an access point to a county road|Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county road|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 requirements|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.

GA-1031
Greg Abbott

City charter - only qualified voters of a city may vote in an election to amend a|Municipally owned utility and establishment of board member qualifications, which can include out-of-city representation. Under Local Government Code chapter 552.122, a city has authority to adopt an ordinance providing for a board of trustees to manage and control its|Article XI, section 5 - Only Austin\\'s qualified voters may vote in an election to amend the Austin city charter under article 11, section 5.

GA-1034
Greg Abbott

Ex post facto prohibitions, Texas Government Code section 51.608 authorizes assessing nonpunitive court costs based on statutes existing on the date of conviction and therefore does not violate ex post facto prohibitions in the United States and Texas Constitutions

GA-1054
Greg Abbott

Property Code section 202.006 is not a bill of attainder prohibited by the Texas or United States Constitutions|Contract Clauses of the Texas and United States Constitutions, property owners\\' association covenants are treated as contracts between parties under Texas law and are therefore protected by|Both the Texas and United States Supreme Courts have determined that the constitutional rule against impairment of contracts may yield to statutes that serve a significant and legitimate public purpose.

GA-1070
Greg Abbott

Tax Code section 26.07, if a municipality\\'s ad valorem rollback rate is zero, and it adopts a tax rate above zero, the qualified voters of the municipality by petition may require that an election be held to determine whether or not to reduce the ad valorem tax rate back to zero under|Article VIII, section 1-b(h)Texas Constitution, a municipality with an ad valorem tax rate of zero, upon receiving a properly filed petition from five percent of authorized voters, must hold an election to determine whether to freeze the total amount of ad valorem taxes imposed on property that is subject to a residence homestead exemption owned by a person that is disabled or is 65 years of age or older under

GA-1071
Greg Abbott

Charitable organization created under Health and Safety Code section 281.0565 as a \\"political corporation or subdivision\\" under Texas Constitution article III, section 52(a)|Any joint venture contemplated by a charitable organization created under Health and Safety Code section 281.0565 must strictly comply with Texas statutes

GA-1074
Greg Abbott

Texas Triple Chance, a court is unlikely to conclude that a game is unconstitutional merely because it awards a preset prize amount regardless of the number of tickets purchased or because it does not carry forward any unpaid prize money to be awarded to an eventual winner

GA-1075
Greg Abbott

Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a) from serving the county in other official capacities|Maverick County Hospital District, board member of, whether simultaneous service as a commissioner of a housing authority is prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility where the two entities have contracted with each other, depends on whether holding both offices is detrimental to the public interest or whether the performance of the duties of one interferes with the performance of those of the other. Such a determination is a factual inquiry that cannot be resolved through the opinion process.|Maverick County Hospital District, board member of, not prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility from simultaneously serving as the Maverick County treasurer|Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a), from serving the county in other official capacities

GA-1076
Greg Abbott

Tax increment financing, use by counties|County energy transportation reinvestment zones

GA-1084
Greg Abbott

Sale of building located on a city street to a private entity

GA-1091
Greg Abbott

Texas A&M University, authority to use allocation from the Available University Fund for support and maintenance under Texas Constitution article VII, section 18(f)

GA-1095
Greg Abbott

Secretary of State\\'s authority to enforce notary public\\'s duty to provide copies of entries in the notary public record book upon proper request|Notary public\\'s duty to respond to a request for copies of entries in the notary public record book by providing redacted copies|Article IV, section 26 concerning notaries public|State statutory duty to disclose information in light of possible federal constitutional or statutory privilege

DM-0003
Dan Morales

Arbitration requirement for seed performance disputes does not violate open courts provision

DM-0023
Dan Morales

Payment for legislative expenses incurred during interim, Texas Constitution does not preclude | Legislators, Texas Constitution does not preclude payment of their legislative expenses during interim

DM-0031
Dan Morales

Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase would | Homestead exemption, municipality may not increase if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues | Increase homestead exemption, municipality may not if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues

DM-0042
Dan Morales

Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law would require factual determinations that cannot be made in attorney general opinion|Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law wou

DM-0054
Dan Morales

Water Commission, rule-making delegation to does not violate Texas Constitution|Rule-making delegation to Commission does not violate Texas Constitution

DM-0066
Dan Morales

Lease of hospital district building to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose"|Interest and sinking fund, hospital district may not use excess monies in to finance construction of building|Hospital district's authority to lease hospital building, lease to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose" under article IX, section 9

DM-0071
Dan Morales

Firearms, municipal housing authority may not regulate tenants' legal possession of|Municipal housing authority may not adopt regulation providing for a tenant's eviction for the otherwise legal possession of a firearm|Regulation providing for a tenant's eviction for the otherwise legal possession of a firearm, municipal housing authority may not adopt

DM-0081
Dan Morales

Financial statements, rider's requirement to file with one's board exceeds statutory directive and is therefore invalid|Rider that requires official to file financial statements with his board exceeds statutory directive and is therefore invalid

DM-0083
Dan Morales

Bingo, organizations that may conduct limited to those specified in Texas Constitution|Organizations that may conduct bingo games limited to those specified in Texas Constitution

DM-0093
Dan Morales

Amend or enact general law, Central Education Agency rider contained in General Appropriations Act for 1991-1992 fiscal biennium attempts to and is therefore invalid under article III, section 35(a)|Amend or enact general law, Central Education Agency rider contained in General Appropriations Act for 1991-1992 fiscal biennium attempts to and is therefore invalid under Texas Constitution

DM-0116
Dan Morales

Texas Constitution, rider which requires Department to use standards, procedures, etc., of Department of Human Services contravenes|Department on Aging, rider which requires Department to use service standards, procedures, etc., of Department of Human Services contravenes Texas Constitution

DM-0121
Dan Morales

Drug testing policies proposed by municipality and state university

DM-0127
Dan Morales

General arbitration statute does not contravene "open courts" provision of Texas Constitution

DM-0129
Dan Morales

Sick leave pool, creation of|Sick leave pool, city's creation of|Sick leave pool may not be structured to provide extra compensation

DM-0133
Dan Morales

Attorneys fees, county may not reimburse private litigants for costs in suit involving county road right-of-way|County may not reimburse private litigants for costs in suit involving county road right-of-way

DM-0135
Dan Morales

Texas Automobile Insurance Plan, rule vesting amendment power over in group of private insurers is unconstitutional delegation of legislative authority|Texas Automobile Insurance Plan, Board has ultimate rule-making authority over

DM-0152
Dan Morales

Specific|Optometrists' authority to administer or prescribe drugs or physical treatments, article III, section 51-a does not preclude|Therapeutic optometrist may not administer or prescribe antiviral or antiglaucoma topical ocular pharmaceutical agents

DM-0159
Dan Morales

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

DM-0175
Dan Morales

Permanent school fund, State Board of Education has authority to make any kind of prudent investment in managing assets of|Permanent school fund, Board has authority to make any kind of prudent investment in managing assets of

DM-0182
Dan Morales

Tobacco, home-rule city ordinance licensing tobacco product retailers preempted by state law|Home-rule city may not adopt an ordinance licensing tobacco product retailers|Preemption, home-rule city may not adopt an ordinance licensing tobacco product retailers

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-0188
Dan Morales

Publicly-owned property, tax-exempt status of property leased to private party or another political subdivision|Taxation of property owned by city, school, or junior college district but leased to private party or another political subdivision|Taxation of publicly-owned property leased to private party or another political subdivision

DM-0194
Dan Morales

Nonprofit, no-share corporation, whether municipality may sponsor|City commissioner may serve as director of nonprofit, no-share corporation provided he or she receives no compensation or other remuneration|Nonprofit, no-share corporation, city commissioner may serve as director provided he or she receives no compensation or other remuneration

DM-0196
Dan Morales

Prekindergarten program, availability to children|Available school fund, children enrolled in prekindergarten classes are entitled to benefits of

DM-0197
Dan Morales

Property damage, repair or replacement costs funded by special legislative appropriation rather than insurance proceeds or self-insurance and are funded at legislature's discretion|Concurrent resolution may be evidence of legislative intent but is not state law; article III, section 30 requires that laws be passed by bill|Concurrent resolution may be evidence of legislative intent but is not state law; constitution requires that laws be passed by bill|Property insurance, state agencies not authorized to purchase without specific legislative authorization|Property insurance, Agency not authorized to purchase with appropriated funds

DM-0221
Dan Morales

Pesticide ordinance, whether preempted by Structural Pest Control Act|Home-rule municipality, whether pesticide ordinance preempted by state law

DM-0229
Dan Morales

Home-rule municipality, whether proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage Code|Preemption, proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage Code

DM-0252
Dan Morales

Consolidate counties, legislature may not

DM-0256
Dan Morales

Private nonprofit foundation, board of trustees authorized by statute to provide free office space if school purpose is served, but in order to comply with constitution must also ensure that transaction serves a public purpose, that consideration is adequ|Conflicts of interest, whether school trustee may serve on board of nonprofit corporation established to benefit school district, authority of school board to contract with business entity governed by board on which school district trustee serves|School district provision of free office space to private nonprofit foundation, board of trustees must determine that transaction serves a public purpose, that consideration is adequate, and that controls are sufficient to ensure public purpose is achieve

DM-0263
Dan Morales

Validity of enrolled bill will not be impeached when legislation challenged under article III, section 30 of Texas Constitution|EMS personnel recertification, authority of Department of Health to require examination for|Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached|EMS personnel recertification, authority to require examination for|Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeached

DM-0265
Dan Morales

Distribution of extra interest to annuitants by Texas County and District Retirement System does not violate constitutional prohibition against grants of public funds|Distribution of extra interest to annuitants does not violate constitutional prohibition against grants of public funds|Distribution of extra interest to annuitants by Texas County and Retirement System does not violate constitutional prohibition against grants of public funds

DM-0268
Dan Morales

Donation of salvage or surplus property by county commissioners court not unconstitutional|Salvage or surplus property, commissioners court may dispose of by donation

DM-0277
Dan Morales

Misdemeanor for unauthorized practice of architecture punishable by fine, complaints may be filed in justice court|Original jurisdiction over fine-only misdemeanors under article V, section 19 of Texas Constitution; statutory limitation in Code of Criminal Procedure unconstitutional|Justice of the peace court original jurisdiction over fine-only misdemeanors under article V, section 19; statutory limitation in Code of Criminal Procedure unconstitutional

DM-0289
Dan Morales

Alcoholic beverage sales, whether and to what extent municipal ordinance may regulate location of|On-premise sale|Alcoholic beverage sales, preemption of municipal ordinance regulating location of|Regulation by municipality of premises or businesses licensed to sell alcohol, whether and to what extent permissible

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-0301
Dan Morales

Waste disposal site for materials dredged from Intercoastal Waterway, property used as may not be exempted from taxation|Tax exemption not available for property used as waste disposal site for materials dredged from Intercoastal Waterway

DM-0302
Dan Morales

Lottery, operation of slot machines does not constitute for purposes of article III, section 47|Definition of "bet," legislature may not revise in contravention of constitution|Ballot proposition language and contemporaneous newspaper accounts provide evidence of electorate's intent in adopting constitutional amendment|Slot machine|Lottery

DM-0314
Dan Morales

Viatical settlements, constitutionality of statute authorizing Department of Insurance to regulate|Viatical settlements, constitutionality of statute authorizing Department to regulate

DM-0317
Dan Morales

Travel expenses of forensic pathologist applicant, county commissioners court's authority to use county funds to pay|Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to pay

DM-0320
Dan Morales

Jurisdiction of Alcoholic Beverage Code prosecutions of minors|Justice court jurisdiction of prosecution for (1) offense with nonfine sanction; (2) offense punishable by maximum fine exceeding $500|Justice court jurisdiction over prosecutions of minors under Alcoholic Beverage Code|Alcoholic beverages, justice court's jurisdiction over minor's possession of

DM-0322
Dan Morales

Licensure as peace officer, constable who failed to obtain in accordance with statute may run for reelection or be appointed to same office|Licensure as peace officer, elected or appointed officer who failed to obtain in accordance with statute may run for reelection or be appointed to same office|Constables, legislative authority to enact qualifications|Constable who did not obtain peace officer's license during previous term of office may retain appointment|Constable who failed to obtain peace officer's license during previous term of office, commissioners court's authority to appoint

DM-0326
Dan Morales

Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposal for|Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposal

DM-0348
Dan Morales

County and district clerks required to deliver abandoned funds to comptroller without further court order, statute does not violate separation of powers|Abandoned funds, statute requiring clerks to report and deliver to comptroller constitutional|Abandoned property

DM-0349
Dan Morales

Pardon, person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges may not receive|Governor may not pardon person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges|Deferred adjudication community supervision, person who has completed and whose charges have been dismissed is ineligible for pardon

DM-0351
Dan Morales

Apportionment|Districting|Apportionment requiring election of new senate, legislation changing two senatorial districts constitutes

DM-0352
Dan Morales

School district's authority to sell paging device seized from student|Seizure of leased paging device in possession of student by school district|Due process, school district's seizure of leased paging device in possession of student|Paging device in possession of student, seizure of by school district|Property seized from student, school district's authority to use and dispose of

DM-0355
Dan Morales

Taxation methods for calculating "net to land" in determining appraised value of open space land, constitutionality of|Comptroller's regulation regarding valuation methods for calculating "net to land" in determining appraised value of open space land, validity of|Valuation methods for calculating "net to land" in determining appraised value of open space land, constitutionality of|Open space land, constitutionality of valuation methods for calculating "net to land" in determining appraised value

DM-0361
Dan Morales

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

DM-0370
Dan Morales

Interest|Accretion|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 of|Oil and gas royalties received for depletion of highway rights-of-way, disposition of|State highway rights-of-way, disposition of oil and gas royalties received for depletion of|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a, disposition of by Department of Transportation

DM-0372
Dan Morales

Teen court program, municipal court authority to impose administrative cost fee and other court costs|Court costs for teen court program, imposition does not contravene due process

DM-0377
Dan Morales

Announce|Hold over in office under article XVI, section 17, officer who resigns to run for another office continues to|Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17|Vacancy in office of judge of a statutory county court, authority to fill|Vacancy in office, authority of commissioners court to fill|Hold over in office, officer who resigns to run for another office continues to

DM-0381
Dan Morales

Public officers within article XVI, section 1 of Texas Constitution, whether police officers are|Oath of office, whether city police officers must take; validity of arrests by police officer who did not file written statement required by Texas Constitution|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 Constitution|Arrests made by de facto peace officers, validity of

DM-0382
Dan Morales

Service of process, collection|Service of process, collection of fees for|Service of process, permissibility of taxing fees as costs|Lending of credit, deferred collection of fees for service of process as|Lending credit|Loan of credit|Taxation of costs

DM-0394
Dan Morales

Hotel-motel tax revenues, whether city may spend on George Bush Library at Texas A&M University|George Bush Library at Texas A&M University, authority of city to spend hotel-motel tax revenues on|Hotel-motel tax revenues, authority of city to spend on George Bush Library at Texas A&M University

DM-0397
Dan Morales

Judge performing marriage for fee, whether public resources may be used in connection with|Judge's performance of a marriage is an official function|Marriage ceremony, justice may receive fee for performing|Judges, fee for performing a marriage ceremony|Honorarium

DM-0399
Dan Morales

Due process is not violated when municipal annexation causes territory to be subject to a sexually oriented business ordinance that is less stringent than county ordinance previously in effect|Sexually oriented business ordinance that is less stringent than county ordinance previously in effect, no violation of due process where municipal annexation causes territory to be subject to

DM-0403
Dan Morales

Excursion train operators, owners of trackage may require to purchase liability insurance in amount greater than $5,000,000|Open courts provision, statute that attempts to limit liability of excursion train operators probably violates|Excursion train operators, statute that attempts to limit liability of to $5,000,000 per occurrence probably unconstitutional

DM-0406
Dan Morales

Hold over provision requires officer who has resigned to continue to serve, but officer may not withdraw effective resignation due to hold over status|Vacancy in office by resignation, public officer's resignation effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafter|Resignation from office, effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafter

DM-0410
Dan Morales

Protested proposed replat application requiring variance, three-fourths vote requirement is constitutional|Protested replat application, municipal authority must certify reasons for action taken on application only if owner requests|Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional

DM-0414
Dan Morales

Suspend temporarily license of vehicle emissions inspection station or inspector without a hearing, quality assurance officer may without violating due process rights|Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing in accordance with federal law|Suspend license temporarily without a hearing, due process requirements|Vehicle emissions inspection station or inspector, quality assurance officer may temporarily suspend license of without a hearing|Emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights|Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rights

DM-0419
Dan Morales

Student loans, federal statute permitting Texas Guaranteed Student Loan Corporation to garnish wages of defaulters on federally-guaranteed loans overrides anti-garnishment provision of state constitution|Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing|Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28|Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides|Texas Guaranteed Student Loan Corporation, authority to garnish state and county employee wages|Garnishment of wages to collect guaranteed student loans|Salary warrants, authority to withhold from state employees who default on guaranteed student loans

DM-0420
Dan Morales

Easements, authority of district to use for recreational and environmental purposes|Tax and bond revenues, authority of district to use for recreational improvements|Contractual instruments, including easements, attorney general does not construe in attorney general opinions|Easements, authority of flood control district to use for recreational and environmental purposes|Tax and bond revenues, authority of flood control district to use for recreational improvements|Easements, authority of flood control district to use for environmental purposes

DM-0427
Dan Morales

Alcoholic beverage offenses involving minors, jurisdiction|Alcoholic beverage offenses involving minors, justice and municipal court jurisdiction|Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees|Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness course|Possession, consumption, and purchase by minors, justice and municipal court jurisdiction

DM-0428
Dan Morales

Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"|Public office for purposes of article XVI, section 40, municipal judges holds|Simultaneous judgeships in more than one jurisdiction, authority of person to hold|Municipal judge holds "public office" for purposes of article XVI, section 40|Multiple municipal judgeships, whether holding is "of benefit to the state" is matter for legislative resolution|Of benefit to the state

DM-0430
Dan Morales

Advisory councils, legislature's delegation of rulemaking authority to does not violate|Advisory councils on fire protection exercise substantive rulemaking authority that is more than merely advisory|Advisory councils on fire protection, delegation of rulemaking authority does not violate separation of powers

DM-0431
Dan Morales

Election contest, county may not reimburse sheriff for legal fees incurred in defending|Contested election, county may not reimburse sheriff for legal fees

DM-0432
Dan Morales

Special law, tax exemption for specific, named private entity constitutes|Local law|Special law

DM-0437
Dan Morales

Probation condition that restricts right to free expression or privacy, constitutionality|Probation condition, authority of district court to order convicted sex offender to post warning sign|Probation condition that restricts right to free expression or privacy, validity|Condition of probation, authority of district court to order convicted sex offender to post warning sign

DM-0441
Dan Morales

Consideration, state university's commitment to build campus on land conveyed by municipality would satisfy constitutional constraints on municipality's use of public funds|Municipal park land, municipality may not convey to University of Texas for less than fair market value|Municipal park land, authority of municipality to convey to University of Texas|Park land, authority of municipality to convey to University of Texas

DM-0453
Dan Morales

Local or special law, test of whether law is general or special|Venue project for Harris County and Houston not required to hold referendum election to impose hotel occupancy or car rental taxes|Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit received|Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminate|Venue project, Harris County not required to hold election for|Hotel occupancy tax, Harris County and Houston need not hold referendum election on venue project to impose|Car rental tax, Harris County and Houston need not hold referendum election on venue project to impose|Referendum election for Harris County and Houston, imposition of hotel occupancy or car rental taxes does not require

DM-0466
Dan Morales

Gambling, Commission has statutory and rulemaking authority to consider the conduct or activities of an applicant or licensee with respect to|Gambling offense, Commission has rulemaking and statutory authority to regulate permittees and licensees found to have engaged in|Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas Constitution

DM-0467
Dan Morales

Hold and save harmless provision requiring county to indemnify another party for damages, application of restrictions on county debt|Hold and save harmless provision requiring county to indemnify another party for damages, application of constitutional restrictions on county debt|Hold and save harmless provision requiring county to indemnify U.S. Army Corps of Engineers for damages, application of constitutional restrictions on county debt

DM-0474
Dan Morales

Pollution-control statutes and rules, statute authorizing state agency to grant exemptions to does not violate constitutional suspension of laws, separation of powers, or local or special law provisions|Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute|Delegation of authority to state agency to grant exemptions to pollution-control statutes and rules does not violate|Exemptions to pollution-control statutes and rules, statute authorizing state agency to grant not an unconstitutional delegation of legislative authority

DM-0488
Dan Morales

Attorney fees, common law authorizes governmental body to reimburse officer's or employee's in certain circumstances|Chief appraiser's attorney fees, board of directors of appraisal district may reimburse if authorized to do so by statute or under the common law|Chief appraiser prosecuted for alleged failure to notify landowners of change of use, appraisal district may reimburse attorney fees under common law if board makes certain determinations|Attorney fees of chief appraiser prosecuted for alleged failure to notify landowners of change of use, district may reimburse under common law if board makes certain determinations

DM-0493
Dan Morales

Removal requirements, statute disqualifying certain officers construed to incorporate|Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutes|Hold over, whether disqualified officer holds over depends upon application of constitutional removal requirements|Statute disqualifying water district director who becomes a candidate for another office, constitutionality of|Retroactive application, presumption against|Constitutional, presumption that legislature intended statute to be

DM-0495
Dan Morales

Requirements of Texas Constitution article XVI, section 50, constitution may be amended to authorize state agency to adopt rules implementing|Rules implementing requirements of article XVI, section 50 of the Texas Constitution, legislature may authorize state agency to adopt|Any law that voters see fit to approve, Texas Constitution may be amended to create|Legislature has power to enact any law that is not in violation of state or federal constitutional provisions

JC-0001
John Cornyn

Racetrack admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction|Admission fee collected by Harris County to distribute to municipalities constitutes occupation tax because municipalities have no authority to regulate racetrack outside their jurisdiction|Occupation tax, racetrack admission fee collected by Harris County to distribute to municipalities constitutes because municipalities have no authority to regulate racetrack outside their jurisdiction

JC-0004
John Cornyn

County permanent school fund proceeds, investment in mortgage-backed securities at below-market interest rate incompatible with county commissioners' trustee duties|County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee duties

JC-0009
John Cornyn

Limit on power does not prohibit legislature from enacting laws that provide additional limitations on power|Increase in total ad valorem taxes, when public notice and hearing required

JC-0011
John Cornyn

Article III, section 52 does not prohibit legislature from authorizing school districts to require outside contractors to pay their workers a minimum "poverty level wage"|Contracts, whether they may include "poverty level wage" requirement

JC-0016
John Cornyn

Highway|Privately-owned street within city boundaries, city may not enforce traffic laws on|Private streets, city may not use public funds to enforce traffic laws on|Privately-owned street, state and local traffic regulations not applicable on

JC-0021
John Cornyn

Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to|Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to

JC-0026
John Cornyn

Longevity pay, court may set rate for sheriff prospectively\r\n\r\n|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas Constitution|Longevity pay, court may set rate for sheriff prospectively|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53

JC-0036
John Cornyn

County funds for city streets unconnected with county road system, commissioners court may expend if expenditure serves a county purpose in accordance with article III, section 52(a)\r\n\r\n|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c), commissioners court may not spend on city streets unconnected to county road system|County business under article V, section 18b, legislature not prohibited from authorizing commissioners court to improve city streets unconnected with county road system if county derives a benefit from improvement so as to constitute|City streets unconnected to county road system, commissioners court may expend county funds to improve if expenditure serves a county purpose in accordance with article III, section 52(a) of Texas Constitution\r\n\r\n|City streets unconnected to county road system, commissioners court may not expend proceeds of unlimited tax, county road or district road bonds issued under article III, section 52(b) or (c) of Texas Constitution on|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c) of Texas Constitution, commissioners court may not spend on city streets unconnected to county road system

JC-0039
John Cornyn

Grant Anticipation Revenue Vehicle ("GARVEE") bonds, whether issuance of requires amendment of Texas Constitution

JC-0043
John Cornyn

Retirement systems, delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas|Teacher Retirement System, delegation of investment authority by and securities authorized for investment by board of trustees|Delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas|Delegation of investment authority by and securities authorized for investment by board of trustees|Securities

JC-0055
John Cornyn

Reimbursement by County Department of Education to county for county auditor's services, whether required by Texas Constitution|County Department of Education, audit of funds by county auditor without reimbursement to county|County Unit System

JC-0069
John Cornyn

Submerged lands owned by state, conveyance to city requires compensation to permanent school fund|Commissioner may not convey submerged lands owned by state in absence of statutory authority|Permanent school fund, acts of Commissioner do not estop state from recovering improperly conveyed lands for|Permanent school fund, acts of General Land Commissioner do not estop state from recovering improperly conveyed lands for|Permanent school fund, conveyance of state-owned submerged lands from requires compensation to fund\r\n\r\n

JC-0070
John Cornyn

Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirements|Polygraph examination, examinee not entitled to counsel during|Self-incrimination, polygraph examinee may have right to claim privilege against|Polygraph examiner who learns during course of examination that child may have been abused or neglected must report suspicion|Agency designated by the court to be responsible for the protection of children|General statute that conflicts with special statute, special statute is an exception to the general statute unless general statute was enacted later and manifestly intended to prevail

JC-0080
John Cornyn

Conference registration fees and lodging expenses, county constitutionally may pay official's or employee's if commissioners court determines that the expenditure will serve a public purpose and attaches sufficient conditions to the expenditure|Salaries, county probably may not pay in advance of services being rendered|Public notices, county probably may pay publisher in advance of printing|Conference registration and lodging fees, county probably may pay|Public purpose, expenditure to private entity from county funds must serve and must be accompanied by conditions to ensure accomplishment of

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-0101
John Cornyn

Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of the Texas Constitution|Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of Texas Constitution

JC-0113
John Cornyn

Event of "Texas Safe Sports Week" sponsored by private foundation, school district may expend funds and other resources on related activities if the board of trustees (i) determines that any expenditure in connection with the program serves a necessary sc|Unconditional gifts or donations or public funds or resources to private entities prohibited

JC-0115
John Cornyn

Back pay, school district may award to individual indicted, terminated, and subsequently acquitted and reinstated, but is not required to do so

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-0119
John Cornyn

Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of fact|Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants|Pretrial diversion, prosecutor generally may not offer in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants

JC-0123
John Cornyn

Unused vacation time, county employee who resigns before anniversary date may not be credited or compensated with unused vacation time where county's personnel policy provides that employee's unused vacation time is credited on the anniversary of the empl

JC-0125
John Cornyn

Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas within|Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determine|Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels of|County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant of

JC-0138
John Cornyn

Funds donated to junior college for scholarships are not general college assets, and hence consolidation with other scholarships held by nonprofit foundation does not implicate constitutional restriction on gift or grant of public money to private entity|Funds donated to junior college for scholarships, because impressed with charitable trust, may be consolidated with funds held by private nonprofit foundation through court-proceeding substituting trustees of nonprofit for trustees of junior college, provided nature and character of funds remain the same

JC-0148
John Cornyn

Deputy constable not required to reside in precinct for which he was appointed|Residence, deputy constable not required to maintain in precinct for which he was appointed

JC-0150
John Cornyn

Travel trailers, taxation as personal property does not violate "equal and uniform" taxation provision of Texas Constitution|Improvements to real property by lessee which may be removed by lessee at end of lease term classified as personal property

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-0165
John Cornyn

Deferred compensation|Early exit|Early exit plan for school district employees is authorized by sections 11.163 and 45.105 of the Education Code|Early exit plan for school district employees, whereby certain employees receive payments from the district in return for leaving employment and other agreements, is not an unconstitutional gratuity if employees provide consideration to the district for p|Early exit plan for school district employees is not "deferred compensation plan" within the meaning of section 609 of the Government Code

JC-0168
John Cornyn

Impermissible grant of public money, use of hot check fund to pay restitution that prosecutor, in error, failed to include in court order is|Hot check fund, statute does not permit prosecutor to use to pay restitution|Impermissible grant of public money, use of hot check fund to pay out restitution that prosecutor, in error, failed to include in court order is|Hot check fund, statute does not permit prosecutor to use to pay restitution to merchant|Hot check fund, use of to pay restitution that prosecutor, in error, failed to include in court order is impermissible grant of public money

JC-0178
John Cornyn

Rider to appropriation for Department of Health that changes trauma care allocation formula is invalid as attempt to amend general law|Department of Health rider that changes trauma care allocation formula is invalid as attempt to amend general law

JC-0204
John Cornyn

Search without a warrant of polygraph examiner's commercial premises by Board is unconstitutional where inspection is not in response to formal complaint|Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaint

JC-0212
John Cornyn

Donation to school district, city may spend public funds only for a public purpose and a municipal purpose and may not make|City may spend public funds only for a public purpose and municipal purpose and may not donate funds to a school district

JC-0217
John Cornyn

Randall County may divide itself into fewer than four justice of the peace and constable precincts, but must remain divided into four commissioner precincts

JC-0244
John Cornyn

Scholarship fund for architectural examination applicants, in order to ensure that scholarships serve the public purpose identified by the legislature, Board of Architectural Examiners should consider adopting rules that would require scholarship recipien|Scholarship fund for architectural examination applicants, legislative appropriation for is supported by pre-existing substantive law and therefore does not violate article III, section 44 of the Texas Constitution|Scholarship fund for architectural examination applicants, Board lacks statutory authority to enter into a contract with a private, nonprofit organization to select scholarship recipients and disburse scholarship awards

JC-0249
John Cornyn

Political party's executive committee's nomination to be the party's general election candidate for a new office, act of seeking does not trigger automatic resignation provisions of article XVI, section 65 (Tex. Att'y Gen. Op. No. JM-132 (1984) and Tex. A|Automatic resignation provisions of article XVI, section 65, act of seeking political party's executive committee's nomination to be the party's general election candidate for a new office does not trigger (Tex. Att'y Gen. Op. No. JM-132 (1984) and Tex.

JC-0250
John Cornyn

Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation Code|Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a of

JC-0288
John Cornyn

Private roads in municipality, commissioners court may not enter into interlocal contract to maintain|Interlocal contract to maintain private roads in municipality, commissioners court may not enter into

JC-0293
John Cornyn

Holds over in office, incumbent municipal officer whose term is set by charter at more than two but no more than four years (assuming incumbent's term of office has not yet expired) holds over in office despite receiving a plurality, not a majority, of th|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)|Runoff, incumbent municipal officer whose term is set by charter at more than two but no more than four years holds over in office until candidate receives majority vote in and is duly qualified for office (assuming incumbent's term of office has not yet

JC-0297
John Cornyn

County retirees' health insurance premiums, county may not pay unless the retirement plan is authorized by state law and is consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay unless authorized by state law and consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay if payment would constitute unbargained-for, retroactive compensation|Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") does not require or authorize a county to pay any portion of a retiree's health insurance premiums or to make health insurance coverage available beyond COBRA's mandatory time periods for co

JC-0302
John Cornyn

Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rights

JC-0318
John Cornyn

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 appointment|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 u|City council member, city that fails to hold a special election within 120 days after the date of automatic resignation as required by article XI, section 11 of the Texas Constitution may not avoid holding a special election until member's term expires|City council member, vacancy caused by automatic resignation under article XI, section 11 of the Texas Constitution must be filled by special election rather than by appointment|Automatic resignation of city council member, city that fails to hold a special election to fill vacancy within 120 days after the date of the automatic resignation may not avoid holding a special election until member's term expires|Automatic resignation of city council member, vacancy must be filled by special election rather than by appointment

JC-0329
John Cornyn

Commissioners court|Public purpose|County commissioner|County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not use|County labor and equipment, a commissioners court, acting on behalf of the county, may use solely for a public purpose|County labor and equipment, an individual county commissioner may not use to open and close graves in a private cemetery

JC-0335
John Cornyn

Local government corporations, whether subject to the Act|Local government corporations, whether subject to Open Meetings Act|Local government corporations, city's or county's transfer of funds to must be consistent with constitutional provisions on expenditure of public funds for public purposes|Local government corporations, whether subject to open government statutes and certain other statutes on contracting and purchasing

JC-0345
John Cornyn

Senate confirmation, whether member of nonprofit corporation appointed by the governor is a state officer subject to|State office

JC-0346
John Cornyn

Costs of court may be included in income-withholding order if costs necessarily incurred to enforce existing child support obligation|Income withholding, statute constitutionally may permit court to include attorney's fees in income-withholding order if fees necessarily incurred to enforce existing child support obligation|Common meaning, we must construe words used consistently with their|Income withholding order, statute may permit court to include attorney's fees, court costs, and other costs necessarily incurred to enforce existing child support order

JC-0348
John Cornyn

Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but such use is subject to constitutional limitations and to review by county auditor|Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but must determine that such use serves a public purpose

JC-0353
John Cornyn

Toll roads, Department of Transportation cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department of Transportation cannot grant state highway fund monies to Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue

JC-0357
John Cornyn

Manufactured home, section 62.003 of Property Code which converts a personal property lien against a manufactured home to a purchase money lien on real property does not create a valid lien against a homestead|Homestead property, section 62.003 of Property Code which converts a personal property lien against a manufactured home to a purchase money lien on real property does not create a valid lien against

JC-0370
John Cornyn

Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when made|Unconstitutional retroactive compensation for services performed and impermissible private use of public funds, county treasurer's payment of employees' accrued vacation or compensatory time when the county did not have a policy providing for such payment|Accrued vacation and compensatory time, sheriff's deputies may not receive payment for time that accrued when county did not provide for such payment

JC-0376
John Cornyn

Court-related purpose|Compensation of county court employee is "court-related purpose"|Compensation, retroactive increase in compensation for county employee is unconstitutional while prospective increase is not

JC-0383
John Cornyn

Retired county employee, county may invite to participate in county's group health insurance program if retiree pay premiums under chapter 175 of Local Government Code|Retired county employee's health insurance premiums, county may not pay if, at time person retired, the county did not provide for payment of such premiums; county may not seek reimbursement of unconstitutionally paid premiums|Retroactive compensation, county may not pay group health insurance premiums for retired employee absent additional consideration from employee if county did not provide for such coverage nor possibility of such coverage at time of employee's retirement

JC-0386
John Cornyn

Homestead protected from forced sale for payment of delinquent special assessment|Special assessments are not "taxes" within constitutional provisions|Special assessment, homestead protected from forced sale for payment of delinquent|Special assessment on real property is imposed under taxing power but is not an ad valorem tax|Assessment lien on real property, not enforceable against homestead

JC-0388
John Cornyn

Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting Board|Legislative Redistricting Board, person elected by Senate to perform duties of lieutenant governor is required to serve as member of

JC-0402
John Cornyn

Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landowners|Water quality protection zones, whether statute creating impermissibly delegates legislative authority to private landowners

JC-0403
John Cornyn

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 days|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|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 Constitution|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 Constitution|City officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 days

JC-0420
John Cornyn

First Responder|Medical care|Emergency medical services or First Responder services within the boundaries of a hospital district, municipality may expend tax funds to provide through its fire department|Emergency medical services and First Responder services are not medical care within hospital district's exclusive province|Emergency medical services or First Responder services, article IX, section 9 of Texas Constitution does not exclusively authorize a hospital district to provide

JC-0432
John Cornyn

Reimburse city for expenditure for gifts to legislators, where county did not participate in decision to make the expenditure and did not determine whether it could serve a county purpose, county may not|Unconstitutional donation to city, county makes unconstitutional donation to city by reimbursing city for expenditure for gifts when county did not participate in initial decision to make the expenditure

JC-0439
John Cornyn

Nonprofit organization, county may not transfer public funds to in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac|County funds, county may not transfer to nonprofit organization in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac

JC-0448
John Cornyn

Requirement in rider that city agree to Transportation Department's choice of location for border inspection station attempts to amend general law and is unconstitutional|Rider to appropriations act, constitutionality of|Border inspection stations, authority of Department of Transportation to choose location for|Rider in appropriation to Department requiring city to agree to Department's choice of location for border inspection station is unconstitutional for attempting to amend general law in an appropriation act|Collocate|Co-locate

JC-0462
John Cornyn

Two constables serving in same precinct after one constable's precinct is abolished have same authority and duties|Constable precinct, when abolished by redistricting, article V, section 18(c) of Texas Constitution provides constable will serve out term in precinct where he or she resides|Redistricting, when constable's precinct is abolished by redistricting, article V, section 18(c) of Texas Constitution provides that constable will serve out term in precinct where he or she resides

JC-0483
John Cornyn

Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides|Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides and justice cannot be required to resign|Justice precinct, if abolished by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides

JC-0489
John Cornyn

Lending of credit, Texas Commission for the Blind may contract with federal government to operate vending facilities on federal property without violating constitutional prohibition against|Vending facilities on federal property, Texas Commission for the Blind is state agency designated to license blind persons to operate, and Commission does not violate state constitutional restrictions on use of state funds by contracting with federal gove|Vending facilities on federal property, Commission may contract with federal government to operate without violating state constitutional limitations on use of public funds

JC-0500
John Cornyn

Insufficient title, no law may be held void on basis of|Racial profiling, statute prohibiting peace officers from engaging in is not unconstitutional for insufficient title|Title of bill, Texas Constitution makes legislature solely responsible for determining sufficiency of

JC-0501
John Cornyn

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 legislat|State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of the Texas Constitution|Motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may act with legislative budget board to redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of |State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of Texas Constitution

JC-0510
John Cornyn

Statute that appears to delegate authority to private entity which promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment must be construed to incorporate only those editions of codes that|Private entity, statute that adopts by reference standards promulgated by private entity may not be construed to incorporate editions of those standards adopted after the statute|Delegates authority to private entity that promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment, statute that may appear to must be construed to incorporate only those editions of codes |Elevators, escalators, and related equipment, Department may not adopt revisions of American Society of Mechanical Engineers (ACME) codes adopted subsequent to 1995 amendments to section 754.014 of Health and Safety Code

JC-0515
John Cornyn

Retroactive law that is necessary to safeguard public safety and welfare prevails over constitutional prohibition against retroactive laws|Compliance history rule of Natural Resource Conservation Commission that includes facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and is not unconstitutional as a retroactive law|Compliance history rule of Commission that considers facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and not unconstitutional as a retroactive law

JC-0519
John Cornyn

Term of office established by constitution may not be shortened by legislature|Term of office established by Texas Constitution may not be shortened by legislature

JC-0529
John Cornyn

Retroactive compensation, county civil-service commission or sheriff's department civil-service commission may adopt rule permitting award of back pay in certain circumstances without contravening constitutional prohibition of|Back pay, county civil-service commission or sheriff's department civil-service commission may adopt rule permitting award of back pay in certain circumstances|Civil-service commission of sheriff's department may adopt rule permitting award of back pay in certain circumstances

JC-0549
John Cornyn

Appointment of counsel for criminal defendant, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within th|Appointment of counsel for criminal defendant, constitutionality of statutory indigency standard for|Appointment of counsel for indigent defendant, constitutionality of statutory indigency standard for|Appointment of counsel for indigents, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days |Equal protection, whether article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days of request in less populous count|Equal protection, whether statutory indigency standard for appointing counsel for indigent criminal defendant violates

JC-0562
John Cornyn

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 Constitution

JC-0563
John Cornyn

Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provision|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 |Review of appellate court employment policies of by Commission for compliance with Texas Human Rights Act, separation of powers provision is not violated by

JC-0571
John Cornyn

Tax exemption, tests for determining exempt status of building owned by municipal hospital authority but leased in part to private long-term health care company|Municipal hospital authority-owned building leased in part to private long-term health care company, tests for determining tax exemption

JC-0575
John Cornyn

Anti-bribery statement signed by public officers before taking oath of office, state-level officers must file with secretary of state|Anti-bribery statement signed by public officers before taking oath of office, state-level officers file with secretary of state|State officer

JC-0578
John Cornyn

Historic Courthouse Preservation Program, Commission administers|Cathedral, constitutional question raised if public funds were appropriated to restore or preserve|Historic Courthouse Preservation Program, rider attempting to amend general law establishing is invalid under article III, section 35 of Texas Constitution

JC-0582
John Cornyn

Lease of county property to museum, whether county's agreement to pay certain museum expenses and to lease property for $1 comports with article III, section 52|Debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7|Museum, authority of county to acquire property by deed for purpose of operating as a museum, to lease property as a museum, and to agree to pay certain museum expenses for a fifty-year term|Lease of county property to a museum, whether county must lease pursuant to competitive procedures|County debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7 of the Texas Constitution

JM-1160
Jim Mattox

Sick leave pool, commissioners court may not create absent express statutory authority|Sick leave, commissioners court may not grant additional leave to employee who has exhausted sick leave unless authorized by preexisting policy|Retroactive compensation, county employee who has exhausted sick leave may not receive additional sick leave unless commissioners court has preexisting policy permitting

JM-1200
Jim Mattox

Traffic fines collected on interstate highways, bill exempting larger cities from having to share with state is not local or special law prohibited by article III, section 56|Traffic fine money, effective date of legislation allocating between cities and state under various scenarios

JM-1201
Jim Mattox

Bonds or obligations of the United States|Direct security repurchase agreements, call option contracts, reverse, repurchase agreements, and collateralized mortgage obligations not "bonds or obligations of the United States" in which article III, sections 49-b and 49-b-1of Texas Constitution permi|Direct security repurchase agreements, call option contracts, reverse, repurchase agreements, and collateralized mortgage obligations not "bonds or obligations of the United States" in which article III, sections 49-b and 49-b-1 permit Veterans Land Board

JM-1209
Jim Mattox

Fire prevention district or volunteer fire department, authority of county to fund|Fire prevention district or volunteer fire department, authority of county to contract with|Fire prevention district, authority of county to contract with

JM-1216
Jim Mattox

Consideration, state agency contract with parents to provide community-based services to their mentally disabled child must be for performance of services that parents are not legally obligated to provide in order to be supported by sufficient considerati|Community-based services to mentally disabled person, authority of state agency to enter into contract for provision of with person's parents, sufficiency of consideration|Contract for provision of community-based services to mentally disabled person, authority of Department to enter into with person's parents, sufficiency of consideration

JM-1218
Jim Mattox

Retroactive law and impairment of contract, amendments to statute governing purchases made with forfeited funds would constitute if applied to purchases made by district attorney prior to effective date|Forfeited funds, amendments to statute governing purchases made with would constitute retroactive law and impairment of contract if applied to purchases made by district attorney prior to effective date

JM-1229
Jim Mattox

Lending of credit, state or county does not violate prohibition against by providing goods to purchaser before receiving payment if there a public purpose and sufficient controls on transaction (overrules Tex. Att'y Gen. Op. Nos. MW-461 (1982) & JM-533 |Lending of credit, county does not violate constitutional prohibition against by providing goods to purchaser before receiving payment if there a public purpose and sufficient controls on transaction (overrules Tex. Att'y Gen. Op. Nos. MW-461 (1982) & JM|Lending of credit, state does not violate prohibition against by providing goods to purchaser before receiving payment if there a public purpose and sufficient controls on transaction (overrules Tex. Att'y Gen. Op. Nos. MW-461 (1982) & JM-533 (1986) to|Lending of credit

JM-1240
Jim Mattox

County employees and equipment, whether county may authorize use of to transport agricultural commodities for a community action organization

JM-1242
Jim Mattox

Delegation of authority, statute authorizing General Land Office to select a tract of state-owned land to place in permanent school fund in exchange for tract to be patented out lacks sufficient standards to be constitutional|Permanent school fund, statute authorizing General Land Office to select a tract of state-owned land to place in exchange for tract to be patented out lacks sufficient standards to be constitutional delegation of authority

JM-1253
Jim Mattox

Bonus or salary increase to prosecutor's employees, prosecutor may not use drug-forfeiture funds to pay without commissioners court's approval and unless bonus plan approved as part of compensation before services are rendered|Drug forfeiture funds, prosecutor's use of to provide his or her employees bonuses or salary increases is limited|Bonus or salary increase, prosecutor's employees may not receive unless bonus plan approved by commissioners court as part of compensation before services are rendered

JM-1255
Jim Mattox

Division of powers between municipality and independent school district, article III, section 52-a does not overcome case law establishing|Municipality may not finance acquisition of school facility to be leased by school district solely for educational purposes|School district, municipality may not finance acquisition of facility for lease by to be used solely for school district purposes|Municipality may not finance acquisition of facility for lease by school district to be used solely for school district purposes

JM-1274
Jim Mattox

Deputy sheriffs and jailers, random drug testing of violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))|Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))|Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))

KP-0261
Ken Paxton

With respect to specified programs authorized by section 381.004 of the Local Government Code for stimulating business and commercial activity in a county, the limitations on tax abatement agreements stated in subsection 381.004(g) do not apply to loans and grants made pursuant to subsection 381.004(h).

Loan and grants authorized by subsection 381.004(h) must comply with sections 52(a) and 52-a of article III of the Texas Constitution. Section 7 of article XI of the Texas Constitution may also impact how such loans and grants are structured, depending on the circumstances.

Subject to these constitutional limitations, subsection 381.004(h) leaves the duration and amount of economic development loans and grants to the commissioners court's budgetary discretion in the first instance.

KP-0265
Ken Paxton

Article XVI, section 40 of the Texas Constitution, which prohibits dual office holding in certain circumstances, does not prevent the City of Ranger chief of police from simultaneously serving as city manager.

The common-law doctrine of self-employment incompatibility prohibits one person from holding an office and an employment that the office supervises. Language in the Ranger city charter suggests that the city manager may supervise the chief of police. To the extent that is the case, an individual may not serve in the two separate positions of city manager and chief of police.

If the city commission exercised its authority to combine the roles of city manager and chief of police, the city commission could employ a single 1.ndividual to perform both roles without raising concerns about self-employment incompatibility.

KP-0267
Ken Paxton

Courts following U.S. Supreme Court precedent would conclude that the Due Process Clause of the Fourteenth Amendment incorporates the Eighth Amendment protection against excessive fines.

Courts recognize article I, section 13 of the Texas Constitution as a constitutional protection against excessive fines. A court would not enforce an unconstitutionally excessive fine. Depending on the statute, a Texas court would be obligated to follow Texas law that requires it to separate the unconstitutional fine and uphold the portion of the statute that is constitutional, if possible.

A Texas court would likely conclude that the Excessive Fines Clause of the Eighth Amendment of the U.S. Constitution is binding on the State, and federal jurisprudence is instructive about, if not determinative of, excessive fines issues under article I, section 13 of the Texas Constitution.