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Legislature

Summaries

KP-0136
Ken Paxton

State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearings

KP-0224
Ken Paxton

Authority and process for removing historical plaques in the Texas Capitol Complex

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

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-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-0063
Greg Abbott

Congressional districts, authority and responsibility of legislature to redraw|Voting Rights Act, application to redistricting|Redrawing of congressional districts, authority of legislature and courts|Redistricting Texas congressional seats, authority of courts to do so if legislature does not adopt a constitutional plan

GA-0087
Greg Abbott

Local and federal units of government, constitutional and statutory standards of conduct for public officials do not absolutely prohibit a state legislator from representing a client's interests to|Constitutional or statutory standards of conduct, whether a particular transaction or business contact would violate depends on the specific facts of the case

GA-0170
Greg Abbott

Legislator may represent person in administrative license revocation hearing only if legislator has previously represented person in criminal proceeding arising out of same facts|Administrative license revocation hearing, legislator may represent person in, only if legislator has previously represented person in criminal proceeding arising out of same facts|Legislator may represent a person in administrative license revocation hearing only if legislator has previously represented person in criminal proceeding arising out of same facts

GA-0190
Greg Abbott

County airport land, procedures applicable to lease for airport purposes|Airport land, procedures applicable to lease for airport purposes|Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statute

GA-0351
Greg Abbott

Common-law conflict of interest rules invalidate contract in which regent has a personal financial interest at time of contract formation, except where statute changes common law|Conflict of interest arising after contract formation does not invalidate pre-existing contract|Common law, authority to modify by adopting statute

GA-0386
Greg Abbott

Employee of municipal management district holds "position of profit" within Texas Constitution 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)|Texas Constitution article XVI, section 40(d) bars legislator from also being employed by municipal management district, but not from working as independent contractor for district|Position of Profit

GA-0567
Greg Abbott

Insurance services to a state university, a member of the Legislature not not provide unless authorized by the Texas Constitution and statutes|Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutes|Member of the Legislature does not include person yet to be elected to the Legislature|Member of the Legislature, an interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the|Member of the Legislature, interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the |Individuals not yet elected to the Legislature, the constitutional prohibition in article III, section 18 does not bar contracts with|Provide insurance services to a state university, a legislator may not provide unless authorized under the Texas Constituion and statutes|Legislator's business or employment activities, questions about the propriety of such activities under chapter 572 of the Government Code are generally not appropriate for the opinion process

GA-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-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-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-0932
Greg Abbott

Applicant for a real estate inspector’s license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirement

GA-1045
Greg Abbott

Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for the implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Government Code section 2001.006 permits state agencies to adopt rules and take administrative action to prepare for implementation of new legislation, but such rules and actions may not take effect, however, until the effective date of the new legislation|Tax Code chapter 171, subchapter S is silent on the question of appeal of a denial of a certificate of eligibility, and there is no constitutional violation or impairment of vested property right, so the denial of a certificate of eligibility is not subject to appeal|New tax credit in House Bill 500 of the 83rd Legislature is not limited to taxable entities, thus it may be claimed and transferred by an entity that owns a rehabilitated certified historic structure even if the entity is not subject to the franchise tax|New tax credit for rehabilitated, certified historic structures created in House Bill 500 of the 83rd Legislature, to be codified at Tax Code chapter 171, subchapter S, is not operative until the 2015 tax year|An entity whose qualifying rehabilitated certified historic structure is placed in service between September 1, 2013 and January 1, 2015, may be eligible for the new tax credit but not until the 2015 tax year|Costs and expenses that are \\"eligible costs and expenses\\" associated with the rehabilitated certified historic structure qualified under the statute would be eligible for the new tax credit but not until the 2015 tax year

GA-1057
Greg Abbott

Contempt - authority of a committee of the Texas House of Representatives that is investigating a possible impeachment to punish for contempt|Contempt - authority of a committee of the Texas House of Representatives investigating possible impeachment to punish for contempt

DM-0006
Dan Morales

Districts, whether the legislature must apportion legislative districts based on provisional decennial census | Publication

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-0055
Dan Morales

County education district board member, school district trustee not prohibited from serving as where school district is component of county education district|School district trustee not precluded from teaching in a different school district|Constitutional prohibitions of dual office holding or common-law doctrine of incompatibility, neither bar school district trustee from simultaneously serving on the board of the county education district of which his school district is a component, from t|School district trustee, constitutional prohibition of dual office holding does not preclude from also serving on the board of the county education district of which his school district is a component, from teaching in a different school district, or from|School district trustee, doctrine of incompatibility of offices does not preclude from also serving on the board of the county education district of which his school district is a component, from teaching in a different school district, or from working pa|School district trustee not precluded from working part-time in state legislator's office

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-0234
Dan Morales

Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same session|Minority business enterprises, municipal program to award public contracts to does not create an exemption to competitive bidding|Minority business enterprises, requirements for municipal program to award public contracts to

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-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-0351
Dan Morales

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

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-0432
Dan Morales

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

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-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-0475
Dan Morales

Article III, section 36 of the Texas Constitution, whether bill complies with requirements of is determined as of date of passage and not as of effective date|Surrogate decision makers, chapter 597 of the Health and Safety Code providing for continues to exist after August 31, 1997 as amended by 75th Legislature

JC-0137
John Cornyn

Specific legislative statement that one bill prevail over any other similar legislation enacted in same session takes precedence over rule of statutory construction that legislation must be harmonized and, if that is not possible, the later enacted provis

JC-0146
John Cornyn

Appropriation of state funds to state agency to transfer to private endowment must satisfy article III, section 51of Texas Constitution and agency's authority to transfer funds and enter into contract regarding transaction must be supported by substantive|Southwest Texas State University lacks statutory authority to transfer appropriated state funds to National Geographic Society endowment fund to benefit geography education in the state or to enter into a contract regarding such a transaction

JC-0170
John Cornyn

Enrolled bill rule, application to claim that legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building invalid under article VII, section 18 of the Texas Constitution|Institution of higher education, validity under article VII, section 18 of the Texas Constitution of appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building|Legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building, validity under article VII, section 18 of the Texas Constitution

JC-0180
John Cornyn

Appraisal roll, petition to change in prior tax years based on failure to allocate value of business aircraft according to recently enacted statute|Business aircraft used outside the state, allocation of value that fairly reflects use in state and petition to change appraisal roll based on|Prospective application, in absence of express statement of legislative intent statutes are presumed to have|Taxable situs of business aircraft used outside the state|Business aircraft used outside of state, allocation of value required only if aircraft has acquired taxable situs in another state|Commerce Clause limitations on taxation of business aircraft used outside the state|Prospective application, statutes are presumed to have in absence of express statement of legislative intent

JC-0291
John Cornyn

Visitors and tourists|County development districts lack authority to levy ad valorem taxes because authority to levy tax must be express|County development district projects are limited to those that will attract tourism to the county|County development districts lack authority to levy ad valorem taxes|County development district not authorized to undertake general economic development projects, projects limited to those that will attract tourism to the county|Taxation, power of special district to levy ad valorem tax must be express and will not be supported by reference to authority of other entities where legislature has expressly vested district with authority to levy sales and use tax

JC-0333
John Cornyn

Student information, Federal Family Educational Rights and Privacy Act of 1974 does not permit the agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that su|Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that such employees |Legislative Council, Federal Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to Council's employees despite the fact that state law provides that such empl

JC-0345
John Cornyn

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

JC-0350
John Cornyn

Codification of certain riders as general law|Publicity and public relations activities, state agency may not use appropriated funds for|Across-the-board provisions recommended by Sunset Advisory Commission|Informing general public of Fund's activities and legal responsibilities, authority of Board to spend appropriated funds for this purpose|Informing general public of agencies' activities and legal responsibilities, state agency's authority to spend appropriated funds for purpose of

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-0392
John Cornyn

Legislature's authority is plenary, unlike a county or special district; legislature need only look to statutes and the constitution for express and implied limitations on its authority|Rate of taxation, if proposed district in county with a population of 125,000 or less will overlap with rural fire prevention district, county commissioners court is limited to ordering an election to authorize a two-cent ad valorem tax|Rate of taxation, limitation on tax in district that will overlap with rural fire prevention district is constitutional

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-0430
John Cornyn

Assistant county attorney, legislator barred from simultaneously serving as|Legislator barred from simultaneously serving as assistant county attorney

JC-0464
John Cornyn

Unpaid state board member not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislature|Legislator prohibited from holding unpaid state office by article XVI, section 40(d)|Dual office holding, legislator prohibited from holding unpaid state office by article XVI, section 40(d) of the Texas Constitution|State board member who does not hold lucrative office is not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislature; that provision is not relevant to the board member's eligibility to run f

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-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

JM-1170
Jim Mattox

Mineral interest, bill requiring Department of Corrections to transfer certain tracts of state-owned land to Department required transfer of estate in fee simple|Mineral interest, bill requiring Department to transfer certain tracts of state-owned land to Department of Highways and Public Transportation did not authorize Department to retain|Fee simple, grant of land is construed as grant of estate in unless conveyance is expressly limited|State-owned land, legislature has exclusive control of disposition of

JM-1173
Jim Mattox

Park, district may not use tax revenues to purchase real property to use solely as|Municipal utility district may not use tax revenues to purchase real property to use solely as a public park|Supreme Court's construction of Texas Constitution, legislature cannot overturn by declaration or enactment

JM-1208
Jim Mattox

Same session, statutes enacted in should be harmonized if possible