Skip to main content

Public Funds

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-0008
Ken Paxton

Texas Constitution article III, section 52 - Court is likely to conclude that the United States Fish and Wildlife Service is not an "individual, association or corporation under article III, section 52.

KP-0022
Ken Paxton

Investment pool authority to form and invest in a subsidiary, select its directors, incorporate under laws of another state

KP-0035
Ken Paxton

Abolished municipality, disposition of remaining assets of an abolished municipality to a nonprofit corporation|Disposition of remaining assets of an abolished municipality to a nonprofit corporation

KP-0040
Ken Paxton

The community college system must determine, in good faith and subject to review for abuse of discretion, whether the reimbursement expenditure is primarily for a college system purpose and not merely for the trustee's personal interest and that the quo warranto proceeding involved actions taken by the trustee that were within the scope of his official duties.

KP-0046
Ken Paxton

A court would likely determine that the Metropolitan Transit Authority of Harris County intended the expenditure of a portion of the bond proceeds on the Uptown/West Loop 4.4 mile rail segment to be a part of its contract with the voters.|Determination of legality of the Metropolitan Transit Authority of Harris County's authority to participate in the Uptown Houston Transit Project involves fact questions and is inappropriate to an attorney general opinion|Bond proceeds approved by the voters in an election can only be used for those projects and cannot be applied to other projects.

KP-0128
Ken Paxton

Time deposit account fully insured by the Federal Deposit Insurance Corporation is within the scope of "other obligation" under Government Code subsection 2256.009(a)(4), Consistent with Attorney General Opinion GA-0834 (2011), a court could conclude|Federal home loan bank - whether an agency or instrumentality of United States within scope of Government Code subsection 2256.009(a)(1) - we cannot predict how Texas court would conclude as a matter of law|Certificate of deposit investment secured by letter of credit from such entity comports with Government Code subsection 2256.009(a)(1). To extent depository institution is agency or instrumentality of United States and not otherwise limited by any governing statute in guaranteeing its obligations in manner similar to section 1435, title 12, United States Code, a court would likely determine that|Deposit of funds in certificate of deposit must be to depository institution with main or branch office in Texas in accordance with Government Code section 2256.010(a)(1)-(3)|Money market deposit in amount exceeding the amount of Federal Deposit Insurance Corporation insurance that is secured by another obligation in Government Code section 2256.009(a)(4) complies with Public Funds Investment Act and Public Funds Collateral Act. Court would likely conclude that

KP-0130
Ken Paxton

County attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney|Compensation - county attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney

KP-0142
Ken Paxton

Public funds for purposes of the Public Funds Investment Act are funds belonging to the State raised by the operation of general law and appropriated for a public purpose|Funds received by the Texas Health Services Authority from the dissolution of the Texas Health Insurance Risk Pool are public funds subject to the Public Funds Investment Act|Public funds for purposes of the Public Funds Investment Act are funds belonging to the State by operation of general law and appropriated for a public purpose

KP-0169
Ken Paxton

Surplus funds may not be used by Wells Branch Municipal Utility District to repair or replace residential cluster-type mailbox facilities

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-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-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-0234
Ken Paxton

Funds received under Health and Safety Code section 401.244 are public funds|County's continuing oversight of funds disbursed to entity under Health and Safety Code subsection 401.244(b)(2)|Purchases made by nonprofit entity using funds received by County under Health and Safety Code section 401.244

GA-0324
Greg Abbott

Texas Treasury Safekeeping Trust Company, comptroller may not invest state funds or TexPool funds held by in direct security repurchase agreement contracts that contemplate the possibility of cash as collateral|Texas Treasury Safekeeping Trust Company, state funds and Tex Pool funds held by may not be invested in direct security repurchase agreement contracts that contemplate the possibility of cash as collateral|Cash|Money-center bank|Primary government securities dealer|Direct security repurchase agreement|Texas Treasury Safekeeping Trust Company|TexPool

GA-1012
Greg Abbott

Texas Windstorm Insurance Association, Legislature did not establish a legal obligation on behalf of the State to pay unfunded losses that cannot be paid by the|Texas Constitution article III, section 49, any statutory provision that converted significant uncovered losses into state debt without voter approval could violate

GA-1058
Greg Abbott

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

GA-1076
Greg Abbott

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

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