Skip to main content

State Officers And Employees

Summaries

KP-0021
Ken Paxton

Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent.|Family Educational Rights and Privacy Act - A university likely may not withhold student records from state or local education officials that are necessary in connection with an audit and evaluation of a state supported education program under|Maintenance and operation tax under section Water Code section 63.282, necessity of voter approval of

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-0136
Ken Paxton

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

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-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

GA-0030
Greg Abbott

Appraisal district budget, allocation of expenses between appraisal and collection functions|Tax appraisal district, provision of assistance and oversight to|Tax appraisal district's costs for tax assessment or collection under contract are paid pursuant to Interlocal Cooperation Act

GA-0073
Greg Abbott

Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University Board of Regents from employing spouse of university president|Nepotism prohibition in chapter 573 of the Texas Government Code does not preclude Stephen F. Austin State University from employing spouse of university president|President of Stephen F. Austin State University is not a "public official" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code|Regents of Stephen F. Austin State University may employ spouse of university president without violating the nepotism prohibitions of chapter 573 of the Texas Government Code

GA-0092
Greg Abbott

Barber school tuition protection account, claims for unused tuition against not limited by source of tuition|Barber school tuition protection account, authority to issue warrants for claims against is comptroller's

GA-0164
Greg Abbott

Court reporter serving under Family Code chapter 201, subchapter C, is an "official court reporter" for purposes of section 52.047 of the Government Code and may charge fee for preparing transcript|Court reporter transcript fees are not salary supplements and do not violate section 659.020 of the Government Code which prohibits salary supplements to state employees|Court reporter serving under Family Code chapter 201, subchapter C, is "official court reporter" for purposes of section 52.047, Government Code and may charge fee for preparing transcript|Court reporter transcript fees are not salary supplements and do not violate section 659.020, Government Code prohibiting salary supplements to state employees|Transcript preparation is responsibility of "official court reporter" and is to take place during normal business hours|Fee|Salary Supplement|Official Court Reporter|Transcript Preparation

GA-0171
Greg Abbott

Overpayments of compensation to employees, recovery of|Recovery of state agency's overpayment of compensation to employee|Overpayment of compensation to employees, request to comptroller to recover

GA-0201
Greg Abbott

Lump sum payment for accumulated sick leave to an individual whose employment has been terminated, Texas Military Facilities Commission is not authorized to make|Texas Military Facilities Commission is not authorized to make a lump sum payment for accumulated sick leave to an individual whose employment has been terminated

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-0318
Greg Abbott

State Emergency Communications, Commission on, public members of are not entitled to receive compensatory per diem|Compensatory per diem, public members of the Commission on State Emergency Communications are not entitled to receive

GA-0523
Greg Abbott

Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorney|Unbudgeted expenditure for legal expenses for criminal defense of criminal district attorney, commissioners court's authority to pay|Criminal district attorney is not an employee or officer of a "state agency, institution, or department," entitled to indemnity for legal expenses under chapter 104 of the Government Code

GA-0565
Greg Abbott

In determining fee a campaign manager may charge to an organization participating in the statewide charitable contribution campaign, calculation must be based upon the aggregate amount of fees collected on a statewide basis\r\n

GA-0572
Greg Abbott

State expenditure database, as private information a public employee's net salary information may not be included in|County-of-residence information, public employees' not required to be included in state expenditure database|Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidential|Database of state expenditures, Comptroller must establish and publish|State action, assuming that a private entity that is credentialed by the state to provide continuing education for peace officers and with which the state contracts to provide such training is engaging in|Union membership, classification on the basis of is subject to review under the rational-basis standard|Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purpose

GA-0611
Greg Abbott

Tobacco Settlement Permanent Trust Account Investment Advisory Committee, board members are not state officers required to file chapter 572, Government Code, financial statements\r\n|Financial statements under chapter 572, Government Code, board members of the Tobacco Settlement Permanent Trust Account Investment Advisory Committee, are not required to file\r\n|Tobacco Settlement Permanent Trust Account Investment Advisory Board, chapter 572 of Government Code relating to filing of personal financial statement is not applicable to board members of the

GA-0677
Greg Abbott

Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employee|Retiree who participates in Texas A&M University System group benefit program, but is now an active state employee, is not eligible to also participate in Employees Retirement System group benefits program, but individual may elect to participate either as retiree or as active employee

GA-0723
Greg Abbott

Notary public is appointed to serve by the secretary of state and is public officer for some purposes|Implement rules for disposition of a notary’s book and seal, secretary of state is required to|Limit or prohibit an employee who is a notary public from performing notarial acts during employment hours, a private employer may\r\n|Notarial records and seal of an employee/notary public upon termination of employment, an employer may not retain the

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-0736
Greg Abbott

Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency\r\n\r\n|Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency|Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leave

GA-0755
Greg Abbott

Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code; county has no duty to pay under Local Government Code section 157.901; forfeiture funds cannot be used to pay under Code of Criminal Procedure article 59.06(c)(1)|Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901|Legal fees of district attorney; county has no duty to pay under Local Government Code section 157.901|Forfeiture funds under Code of Criminal Procedure article 59.06(c)(1), cannot be used to pay legal fees for defense of district attorney\r\n|Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code

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-0886
Greg Abbott

Notary public, it cannot be determined whether a notary public is a state officer under chapter 603 of the Texas Government Code

GA-0906
Greg Abbott

Property Code section 74.501, the Comptroller’s construction of the word \\"assignee,\\" as used in that section, is entitled to deference so long as it is reasonable and not contrary to the plain language of the statute|Person to whom property is transferred based on a purchase of the property for value, a reasonable construction of the word \\"assignee\\" could include a

GA-1023
Greg Abbott

District court reporter, employment status of, is context-specific and cannot be determined for all purposes|District court reporter, district judge who appoints an official district court reporter has the sole authority to terminate|District court reporter, county has no authority to influence or direct the employment of

GA-1060
Greg Abbott

The U.S. Department of Housing and Urban Development created the Rental Assistance Demonstration program by which a public housing annual operating subsidy under Section 9 of the U.S. Housing Act of 1937 converts to a rental subsidy under Section 8 of the Act|The Texas Department of Housing and Community Affairs administers the state\\'s low income housing tax credit program under which tax credits are competitively awarded to developers of low income housing|As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-aside|If Texas Department of Housing and Community Affairs determines that a development undergoing federal Rental Assistance Demonstration program conversion received assistance under Section 8 of the U.S. Housing Act of 1937 and consequently is eligible for the at-risk set-aside, a court is unlikely to disturb that determination|Government Code subsection 2306.6714(a-1)limits eligibility for at-risk tax credit set aside of at-risk developments under subsection 2306.6702(a)(5)(B), but does not affect eligibility of subsection 2306.6702(a)(5)(A) developments|A development that no longer satisfies the definition of \\"at-risk development\\" under Government Code subsection 2306.6702(a)(5)(B) would still be eligible for the at-risk tax credit set-aside if it satisfied subsection 2306.6702(a)(5)(A)

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-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-0149
Dan Morales

Advisory committee, qualifications of persons to be appointed to may not be discussed in executive session|Advisory committee, members of|Advisory committee members are not public officers

DM-0206
Dan Morales

Older Americans Act, legal representation of Department on Aging volunteers|Volunteer ombudsman intern, immunity from suit and authority of attorney general to represent|Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to represent

DM-0209
Dan Morales

Post-employment restrictions applicable to employee of Commission|Post-employment restrictions applicable to employee of Public Utility Commission

DM-0214
Dan Morales

Employees on unpaid leave in connection with work-related injuries, Appropriations Act excepts employees from the 12-month limit on leave and permits agency heads to grant exceptions to the 12-month limit in regard to|Employee on unpaid leave because of work-related injury, General Appropriations Act does not conflict with Workers' Compensation Act in regard to exceptions to12-month limit on leave for|Work-related injury, agency not required to terminate employee on unpaid leave for more than twelve months due to

DM-0223
Dan Morales

Former member of Polygraph Examiners Board prohibited from appearing before Board to sponsor intern before second anniversary of departure|Former member prohibited from appearing before Board to sponsor intern before second anniversary of departure

DM-0275
Dan Morales

Service credit transferred from Teacher Retirement System to Employee Retirement System, TRS responsible for paying portion of early retirement incentive

DM-0339
Dan Morales

Inconsistent with statute, rule of civil procedure must yield if|Notary public may videotape oral deposition if certified shorthand reporter simultaneously transcribes the deposition|Videographer may record oral deposition if certified shorthand reporter simultaneously transcribes the deposition

DM-0346
Dan Morales

Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)|Liability insurance for employees purchased with appropriated funds, constitutionality and scope of rider regarding (Withdrawn by Letter 7/31/96)|Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96)|Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96)|Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96)|Liability insurance for employees, whether purchase of constitutes waiver of state's sovereign immunity (Withdrawn by Letter 7/31/96)

DM-0376
Dan Morales

Hazardous duty pay, employee's eligibility to receive|Hazardous duty pay, Youth Commission employee's eligibility

DM-0409
Dan Morales

Volunteer|Employee|Indemnification by state, individual who is not an employee of regional poison control center is not entitled to by statute|Indemnification, state employee who performs some work for regional poison control centers is not entitled to as employee of poison control center|Poison control center, state not required to indemnify individual who is not an employee of

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-0422
Dan Morales

Veterans entitled to retention preference in reduction in workforce over similarly qualified and situated employees, but not over more qualified employees|Retention preference in reduction in workforce, veterans entitled to over similarly qualified and situated employees, but not over more qualified employees

DM-0457
Dan Morales

Volunteer|Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Volunteers providing services for state agencies without receiving compensation are not included within chapter 104 of Civil Practice and Remedies Code|Constructive enforcement volunteers assisting board with investigations are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Defamation suit, absolute privilege in for statements made as witness in judicial or quasi-judicial proceeding; conditional privilege for certain communications

JC-0040
John Cornyn

Vacation leave, offset of workers' compensation benefits against|Family Medical Leave Act of 1993 (FMLA), option of state employees on FMLA leave who are receiving workers' compensation benefits to substitute paid vacation leave for unpaid FMLA leave|Vacation leave, (1) offset of workers' compensation benefits against; (2) substitution of annual leave for unpaid leave under Federal Family Medical Leave Act of 1993|Workers' compensation benefits, offset of against vacation leave|Offset of state employee's workers' compensation benefits against vacation leave not permitted in absence of statutory authority

JC-0183
John Cornyn

State employment, only males between ages of 18 and 25 inclusive must furnish proof of selective service registration or exemption as condition of|Is|Selective service registration or exemption, only males between ages of 18 and 25 inclusive need show evidence of for state employment

JC-0188
John Cornyn

Compensatory time|Compensatory leave, state employees may use while receiving weekly income benefits under workers' compensation law|Compensatory leave, state agencies may not require employees to exhaust before receiving weekly income benefits or prohibit employees from using while receiving weekly income benefits|Fair Labor Standards Act, compensatory time accrued by state employees under

JC-0261
John Cornyn

During|Salary limits applicable to retired agency employees rehired by agency to perform services substantially similar to services performed during last 12 months of service before retirement

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-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-0431
John Cornyn

Deferred compensation program involving transfer of shares in mutual fund, authority of state university system to offer

JC-0437
John Cornyn

Advisory committee members may receive reimbursement for expenses|Contracted evaluators, members of Board for Evaluation of Interpreters may not contract with Commission to serve as|Evaluation and certification of interpreters, Commission's authority for

JC-0456
John Cornyn

Position classification plan, provisions of the appropriations act implementing|Appellate court briefing attorneys and law clerks entitled to across-the-board pay raise appropriated for state employees in 2001 General Appropriations Act if they meet the length of service requirements set out in the Act|Targeted pay raise

KP-0268
Ken Paxton

Government Code subsection 661.063(b) provides that vacation leave pay for an employee who separates from state employment while holding a position that does not accrue vacation time is computed using the "employee's final rate of compensation in the last position held that accrues vacation." In the hypothetical scenario you describe, the administrative position is the last position held that accrues vacation, so the compensation used for the calculation for payment of vacation leave is only the compensation paid for the administrative position.

Subsection 661.062(b)(5) entitles an employee to payment for vacation leave upon the occurrence of the described change in employment circumstances and "if the agency agrees to pay the employee for the accrued balance of the employee's vacation time." Thus, the entitlement arises on the fulfillment of both prerequisites, which will depend on particular facts.