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Criminal Law

Summaries

KP-0158
Ken Paxton

Waiver of expunction rights as a condition in a pretrial diversion agreement

KP-0176
Ken Paxton

Applicability of handgun laws on church premises|Private Security Act fees do not apply to Texas churches providing volunteer security services pursuant to Occupations Code section 1702.333|Person|Premises|Volunteer security services

KP-0198
Ken Paxton

Board of Examiners of Psychologists rule must not be inconsistent with relevant statute|Submission of bill to third-party payer by licensed psychologist for test conducted by supervisee|Insurance fraud - Penal Code section 35.02 sets out offense of

KP-0212
Ken Paxton

Applicability of Penal Code subsections 46.035(a-1), (a-2), and (a-3) to presiding election judge with handgun license|Applicability of Penal Code subsection 46.03(a)(2) to presiding election judge with handgun license|Applicability of Penal Code prohibitions on open and concealed carry of handguns on higher education institution campus to presiding election judge with handgun license|Applicability of Penal Code prohibitions on carrying handgun at polling place located on private property to presiding election judge with handgun license|Authority of presiding judge with handgun license to carry handgun at polling place on election day|Application of Education Code section 37.125 to presiding election judge with handgun license

GA-0056
Greg Abbott

Registered sex offenders, local government may broadcast certain information about on local cable television station

GA-0097
Greg Abbott

Raffles, whether charitable organization may award cash refund of raffle ticket price as a prize, auction and raffle ticket for a price that is not printed on the ticket, or auction off or sell additional tickets or chances after the drawing has begun|Raffles, whether raffle ticket holders may resell tickets|Raffles, charitable organization that awards cash refund of raffle ticket price as a prize, auctions a raffle ticket for a price that is not printed on the ticket, or auctions off or sells additional tickets or chances after the drawing has begun may not |Raffles, whether charitable organization may award refund of raffle ticket price as a prize, auction a raffle ticket for a price that is not printed on the ticket, or auction or sell additional tickets or chances after the drawing has begun|Lottery promotion, charitable organization that awards cash refund of raffle ticket price as a prize, auctions a raffle ticket for a price that is not printed on the ticket, or auctions off or sells additional tickets or chances after the drawing has begu

GA-0106
Greg Abbott

Sexual abuse of child includes conduct constituting indecency with a child, sexual assault, and aggravated sexual assault|HIPAA (Health Insurance Portability and Accountability Act) privacy regulations allow health care providers to disclose confidential health information about a victim of abuse|Sexual abuse, person with cause to believe child has been victim of must make report|Cause to believe|Child sexual abuse reports, investigation of|Off-duty status does not limit law enforcement authority in presence of criminal activity

GA-0113
Greg Abbott

Preventing the execution of process, offense of, not void for vagueness|Refusal of employee to admit process server to area of business designated by employer as "private" is not an offense under section 38.16(a) of Penal Code, because, as thus applied, statute runs afoul of Fourth Amendment to United States Constitution|Section 38.16 of Penal Code, which creates offense for preventing the execution of process, is not on its face void for vagueness

GA-0157
Greg Abbott

Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal court|Violation of section 729.001 of Transportation Code is within jurisdiction of justice and municipal courts

GA-0173
Greg Abbott

Sales-tax exemption for bingo equipment purchased by municipal senior citizen community center|Bingo equipment purchased by municipal senior citizen community center, sales-tax exemption|Bingo, municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption may assert a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernalia|Municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption, exemption provides a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernalia|Gambling, municipal senior citizen community center that is authorized to conduct bingo under Bingo Enabling Act exemption may assert a defense to prosecution under chapter 47 of the Penal Code for possession of gambling paraphernalia

GA-0196
Greg Abbott

Electronically readable driver's license information, private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the infor|Electronically readable driver's license information, a private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the inf

GA-0220
Greg Abbott

Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Act makes such information in the judgment confidential and not subject to disclosure|Victim's name, address, or other identifying information appearing both in felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure|Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal Procedure|Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure

GA-0255
Greg Abbott

Nondisclosure order for criminal history information relating to deferred adjudication may not be waived by person whose information is protected by the order|Criminal history information subject to nondisclosure order under Government Code section 411.081(d) may be released to statutorily authorized entities|Deferred adjudication, nondisclosure order for criminal history information relating to

GA-0256
Greg Abbott

Practice of supplementing income as commissioned peace officer by working off-duty as private security officer is not a violation of section 36.07 of Penal Code, which prohibits acceptance of honoraria by public servants|Commissioned peace officers who are employees of the state or of a political subdivision of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code|Commissioned peace officers employed by the state of political subdivisions of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code|License and registration requirements of chapter 1702 do not apply to commissioned peace officers who receive compensation for off-duty employment as security officers|Commissioned peace officer employed by the state or by a political subdivision of the state|Benefit|Honorarium|Peace Officer|Public servant

GA-0291
Greg Abbott

Unborn child, a physician is not required to report suspected use of controlled substances by a pregnant patient, which may harm the|Pregnant woman's use of controlled substances, a physician is not required to report suspected|Controlled substances, a physician is not required to report a pregnant patient's suspected use of

GA-0299
Greg Abbott

Bail bond surety who is convicted of soliciting clients inside detention facility has not committed crime of "moral turpitude"|Moral turpitude, bail bond surety who is convicted of soliciting clients inside detention facility has not committed crime of "moral turpitude"|Moral turpitude

GA-0331
Greg Abbott

Blocking of railroad crossing, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interestate Commerce Commi|Railroads, Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Act, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for|Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than|Railroads, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interstate Commerce Commission Termination Act

GA-0333
Greg Abbott

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

GA-0354
Greg Abbott

Honoraria, payment by private association of county and district clerks to its immediate past president as prohibited honoraria or gift to public servant|Public servant, payment by private association of public officials to its immediate past president as prohibited honoraria or gift

GA-0417
Greg Abbott

Failure to attend school, court must dismiss referral filed by school district against a student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against a student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal without recourse to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal and authority to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).

GA-0454
Greg Abbott

Sex offender registration statute; registration based on out-of-state offense|Comprehensive enactment intended to include all the law on the subject with which it deals evidences a legislative intent to repeal former statutory law

GA-0486
Greg Abbott

Forfeiture of bail bond is not subject to fee collected on the filing of a civil suit or fee collected on conviction of criminal offense|Bail bond forfeiture proceedings, filing fees are not collected|Bail bond forfeiture is substantively a criminal matter|Judgement nisi|Scire facias

GA-0501
Greg Abbott

Abortions, criminal liability of physician performing certain prohibited

GA-0527
Greg Abbott

Eight-liner machine that reward play with a stored-value card is a gambling device

GA-0547
Greg Abbott

Veterinary Medical Examiners, Board may adopt rule prohibiting a licensee from dispensing a controlled substance unless licensee has registered with Department of Public Safety|Controlled substance, Board may adopt rule prohibiting licensee from dispensing unless licensee has registered with Department of Public Safety|Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting licensee from dispensing unless licensee has registered with the Department|Controlled substance, Board of Veterinary Medical Examiners may adopt rule prohibiting Licensee from dispensing unless licensee has registered with Department of Public Safety

GA-0574
Greg Abbott

Complaint or referral against a student who has accumulated ten or more unexcused absences within a six-month period in same school year, requisite time period to file|Dismissed complaint regarding student's failure to attend school, a new complaint may be filed |School district that fails to file a complaint or referral within ten school days of student's tenth unexcused absence, Education Code imposes no penalties on school district other than dismissal of complaint

GA-0606
Greg Abbott

Recreational vehicle parks as property subject to criminal trespass statute

GA-0607
Greg Abbott

Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences within a six-month period|Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences with a six-month period|Multiple amendments to one statute occurring at the same legislative session must be harmonized unless they are irreconcilable

GA-0622
Greg Abbott

Needle- and syringe-exchange pilot program for Bexar County authorized under section 531.0973 of Government Code, persons participating in program are not excepted from prosecution under section 481.125 of Health and Safety Code which makes possession of drug paraphernalia a criminal offense in certain circumstances

GA-0646
Greg Abbott

Animal “previously captured� is one that has been confined against its will prior to act of inflicting death or serious bodily injury to the animal in violation of section 42.092 of the Penal Code \r\n\r\n|Animal “previously captured� is one that has been confined against its will prior to act of inflicting death or serious bodily injury to the animal in violation of section 42.092 of the Penal Code |Animal previously captured

GA-0701
Greg Abbott

Failure to attend school may be prosecuted in a justice court of any precinct of a county in which the alleged truant resides or in which his school is located

GA-0713
Greg Abbott

Justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation for an individual found to have committed an offense under section 25.094, Education Code, only if the use of the device in a given proceeding is reasonable|Failure to attend school, for the offense of, a justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation if the use of the device reasonable

GA-0733
Greg Abbott

Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n\r\nConviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public|Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as a|Commissioned as a notary public by the \r\nSecretary of State, Government Code section 406.004 precludes an applicant with a conviction of a felony or a crime involving moral turpitude from being \r\n\r\n|Revocation proceedings against a notary public on the basis of a conviction of a felony or a crime involving moral turpitude, the Secretary of State is authorized, but not required, to initiate|Must\r\nMay\r\nGood cause|Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n|Conviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public

GA-0759
Greg Abbott

Criminal history evaluation letter, licensing agency’s authority to obtain information regarding a potential applicant seeking a|Criminal history evaluation letter, State Board for Educator Certification's authority to obtain information regarding a potential applicant seeking a

GA-0765
Greg Abbott

Prosecutorial decisions of a district attorney, because of the substantial judicial deference accorded to prosecutorial decisions, this office will not opine on

GA-0804
Greg Abbott

Offense of gambling under section 47.02 and the offense of gambling promotion under section 47.03, charitable squares game as described does not implicate the|Squares game

GA-0896
Greg Abbott

Electronic communications could, depending on the facts of a particular case, constitute a \\"meeting\\" for purposes of the Texas Open Meetings Act|Electronic communications could, depending on the facts of a particular case, constitute a \\"meeting\\" for purposes of the Texas Open Meetings Act.

GA-0913
Greg Abbott

Eight-liner machines are gambling devices under the Penal Code and thus illegal because they issue tickets redeemable for some items that do not constitute noncash merchandise prizes, toys, or novelties|If an eight-liner machine is designed, made, or adapted as anything other than a pure amusement device, the machine cannot meet the requirement of subsection 47.01(4)(B) of the Penal Code and is therefore illegal|Gambling device

GA-0926
Greg Abbott

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

GA-0946
Greg Abbott

Truancy, person over age of eighteen is not subject to prosecution for committing offense of failing to attend school under section 25.094, Texas Education Code

GA-0956
Greg Abbott

Property donated to crime victims\\' office can only belong to the county because a county commissioners court is the only body authorized to accept gifts|Whether a person has committed a crime in a particular circumstance is a question of fact that cannot be resolved in an attorney general opinion

GA-0967
Greg Abbott

County or district attorney’s prosecutorial determination regarding the initiation of criminal proceedings is within the prosecutor’s substantial discretion

GA-1077
Greg Abbott

Penal Code section 21.11, indecency with a child by contact|Sex offender registration requirements, Code of Criminal Procedure chapter 62|\\"Reportable conviction or adjudication\\" under Code of Criminal Procedure chapter 62 includes a deferred adjudication regardless of whether it was terminated early, completed, or revoked|Code of Criminal Procedure article 42.12 section 5(c) authorizing early termination of deferred adjudication community supervision|Deferred adjudication community supervision|Code of Criminal Procedure article 42.12 section 5(c) concerning the dismissal of proceedings and discharging of defendant

DM-0077
Dan Morales

Jurisdiction, sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statute|Sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statute

DM-0121
Dan Morales

Drug testing policies proposed by municipality and state university

DM-0173
Dan Morales

Department on Aging's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties|Department's long term care ombudsman program, volunteer ombudsmen and citizens organizations participating in are not liable for civil damages or subject to criminal prosecution for good faith acts performed in course of official duties

DM-0179
Dan Morales

Substance abuse facility, judge may not apply time in toward sentence if probation revoked|Probation revocation, judge may not apply time in substance abuse facility toward sentence|Revocation of probation, judge may not apply time in substance abuse facility toward sentence

DM-0285
Dan Morales

Overtaking and passing a school bus, whether offense of should be prosecuted in justice or county court

DM-0304
Dan Morales

Compulsory school attendance law, parent or guardian's failure to require child to observe punishable by fine|Conflicting bills, last bill enacted prevails over other bills amending same statute at same legislative session|Conflicting bills, newly enacted language of statute in one bill prevails over reenacted language of same statute in different bill at same legislative session

DM-0344
Dan Morales

Gambling laws, application to persons in separate locations who bet on card games using computers and to persons facilitating such bets|Betting on card games by computer, application of gambling laws to persons doing so from separate locations|Computers, application of gambling laws to persons in separate locations who bet on card games by using

DM-0363
Dan Morales

Premises|Concealed handguns carried by licensee on business premises, liability of business owner for removing licensee or injury to patron by licensee|Premises where licensed carrying of concealed handguns is, or may be, prohibited|Concealed handguns, violation of trespass laws by licensed possession of

DM-0396
Dan Morales

Abuse of official capacity, justice of the peace who does not "immediately" deposit with county treasurer fines collected may be prosecuted|Restitution for dishonored check collected by justice of the peace need not be deposited with treasurer|Misapplication of restitution for dishonored check collected by justice of the peace, justice may be prosecuted|Fines collected by justice of the peace, justice who does not "immediately" deposit with county treasurer may be prosecuted for abuse of official capacity or removed from office|Restitution for dishonored check collected by justice of the peace, justice may be removed from office for official misconduct if misapplies|Restitution for dishonored check, justice of the peace may collect and deposit into account separate from county treasury|Restitution for dishonored check collected by justice of the peace is not county funds|Restitution for dishonored check collected by justice of the peace, auditor in county with fewer than 190,000 people may not regulate the collecting, checking, and accounting of

DM-0498
Dan Morales

Criminal penalty for practice of veterinary medicine without a license not applicable to corporation|Veterinary medicine, private, for-profit corporation not owned exclusively by veterinarians may not practice|Practice of veterinary medicine without a license, criminal penalty not applicable to corporation|Licensees may be disciplined for permitting or allowing another to use their license or certificate to practice veterinary medicine|Practice of veterinary medicine without a license, penalties and remedies in licensing statute not applicable to corporation|Permitting or allowing another to use one's license or certificate to practice veterinary medicine, licensed veterinarian may be disciplined for

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-0022
John Cornyn

Direct mail solicitation of criminal defendant by attorney, state may not constitutionally prohibit|Penal Code provision prohibiting attorney from sending direct mail solicitation to criminal defendant within thirty days of his arrest contravenes First Amendment

JC-0086
John Cornyn

Controlled substance tax only implicates Fifth Amendment Double Jeopardy Clause when tax has been paid in full

JC-0173
John Cornyn

Fine assessed against defendant in criminal case, disposition of increase imposed by modification of community supervision terms|Plea bargain, effect on plea bargain when fine imposed is increased pursuant to modification of community supervision terms|Fine, disposition of increase imposed by modification of defendant's community supervision terms|Money received from increase in defendant's fine pursuant to modification of community service terms, disposition of

JC-0208
John Cornyn

Conversation of person seated in police car, police officer who secretly records or broadcasts does not commit an offense

JC-0294
John Cornyn

Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Attorney fees to defend against prosecution for violating Open Meetings Act, reimbursement of public officers' from public funds (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member may not be reimbursed for attorney's fees to defend criminal prosecution for violating Open Meetings Act if he or she is convicted (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Revenues from city water system, placement in general fund (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)

JC-0307
John Cornyn

Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court may be charged with a violation of the Act, but only if the person aids or assists a member or members who knowingly act to violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place an item on agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place item on an agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act criminal provisions, liability of a person who is not a member of the governmental body

JC-0325
John Cornyn

Concealed handgun licensee, governmental unit may bar entry onto its property of licensee by erecting sign in accordance with criminal trespass statute|Concealed handgun licensee, governmental unit may not prohibit carrying of weapon by licensee except in accordance with statute

JC-0393
John Cornyn

Terms of confinement, misdemeanant convicted of multiple class C misdemeanors who has defaulted on fines or costs and ordered to be confined to enforce payment serves terms concurrently if confined when order is issued|Pre-sentence confinement, defendant convicted of multiple offenses must be credited with time on each sentence as though sentences ran concurrently|Cumulation orders, requirements for|Default on payment of fines or costs for multiple class C misdemeanors, misdemeanant who is ordered to be confined to enforce payment serves terms of confinement concurrently if confined when order is issued

JC-0396
John Cornyn

Pardon that is not given for proof of subsequent innocence does not obliterate offense but generally absolves doer of legal consequences|Firearms, felon who has been fully pardoned may possess; defendant accused of felony whose verdict has been set aside or who has been permitted to withdraw a guilty plea may possess handgun without violating criminal law|Verdict has been set aside or guilty plea has been withdrawn, defendant in such case may possess firearm without regard to section 46.04 of the Penal Code|Felon who has been fully pardoned may possess firearm, as may defendant who has been convicted of felony but whose verdict has been set aside or who has been permitted to withdraw guilty plea|Term, when Legislature defines a term in one statute and uses same term in relation to same subject matter in a later statute, we may presume that Legislature used the term in the same way|Convicted

JC-0446
John Cornyn

School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school property|Alcohol and drug-related offenses occurring within 300 feet of school property, school district not required to expel student for

JC-0451
John Cornyn

Traffic offense of failure to drive in single marked lane, requirement of culpable mental state|Culpable mental state, whether traffic offense of failure to drive in single marked lane requires

JC-0460
John Cornyn

Automated enforcement equipment to identify red-light violations at roadway intersections, a city is not prohibited from adopting ordinance authorizing use of|Disregard of traffic-control device is a criminal violation under state law; cities are prohibited from enacting ordinances that conflict with state law and therefore a city may not adopt ordinance making running a red light a civil rather than a criminal

JC-0466
John Cornyn

Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both State of Texas and United States, law of ship's flag state and international law determine|Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of Mexico|Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both the State of Texas and the United States, law of ship's flag state and international law|Casino boats, Texas peace officers acting as security guards have authority to make arrests under state law within state's territorial waters; on the high seas, beyond jurisdiction of both the State of Texas and the United States, the law of ship's flag s

JC-0480
John Cornyn

Raffle ticket, a bingo conductor may not award as a bingo prize; conduct would constitute gambling offense and, as it is not expressly authorized by either the Bingo Enabling Act or the Charitable Raffle Enabling Act, it would not fall within the defenses

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-0504
John Cornyn

Intent, section 37.123 of the Education Code requires proof of intent to actually engage in one of the activities prohibited thereby

JC-0539
John Cornyn

Meat Inspection Act, 21 U.S.C. ch. 12, does not appear to preempt Texas law criminalizing production or possession of horse-meat intended to be consumed by humans|Horse slaughter in Texas with meat intended for human consumption, local prosecutor may prosecute person who engages in|Horse slaughter in Texas with meat intended for human consumption, local prosecutors are authorized to prosecute violation of statutory prohibition|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Health may investigate and local prosecutors may investigate and prosecute|Horse slaughter in Texas with meat intended for human consumption, Department has no authority to prosecute|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Department may investigate|Agriculture

JM-1237
Jim Mattox

Barring of employment to persons convicted of certain offenses in certain facilities serving the elderly or disabled is valid|Specific provisions of criminal law do not limit statute barring employment in certain facilities to persons convicted of certain offenses|Specific provisions of criminal law do not limit statute barring employment in certain facilities to certain persons convicted of certain offenses

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.