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Words And Phrases

Summaries

KP-0047
Ken Paxton

Premises of "government court or office utilized by the court" means a government courtroom or those offices essential to the operation of the government court.|The responsible authority that would notify license holders of their inability to carry on the respective premises must make the determination of what government courtrooms and offices are essential to the operation of the government court, in consultation with the government court.|Premises|Building|"portion of a building"|"offices utilized by the courts"|"government court"

KP-0055
Ken Paxton

Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Forensic Science Commission - Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Given the conclusion that the Texas Forensic Science Commission likely has no notification duties under Code of Criminal Procedure article 39.14(h), the Commission's prosecutor member would have only the duty to comply with article 39.14 that he or she would have in his or her capacity as a prosecutor for the state.|State

KP-0131
Ken Paxton

Municipal hotel occupancy tax revenue - If expenditure is for one of the specified uses listed in Tax Code section 351.101, municipality may expend municipal hotel occupancy tax revenue in the direct promotion of tourism and the convention and hotel industry|Directly

KP-0170
Ken Paxton

Direct recording electronic voting machine in \r\nElection Code section 121.003(12), scope and limitations|direct recording voting machine|voting system|voting machine

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-0178
Ken Paxton

Authority of public utility agency to contract with private entities seeking water services|Authority of a public utility agency to impose impervious cover limits on private entities involves fact questions beyond scope of attorney general opinion|Public utility agency

KP-0180
Ken Paxton

Authority of commissioners court to deny longevity pay to county judge who receives a state salary supplement pursuant to Government Code section 26.006|Longevity pay

KP-0183
Ken Paxton

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

KP-0185
Ken Paxton

Body-worn-camera recordings, peace officer's right to access|Law enforcement agency's body-worn-camera policy requirements|Any|Entitling|Body worn camera

KP-0186
Ken Paxton

Body worn camera--authorization or requirement of municipal law enforcement agency to release audio or video recordings of|Exceptions to disclosure by law enforcement agency concerning body-worn-camera recordings|Body worn camera

KP-0192
Ken Paxton

Property reappraisal procedures following a disaster|Tax year

KP-0194
Ken Paxton

Commencement of environmental review process for purposes of Transportation Code subsection 372.002(d)|Commences

KP-0205
Ken Paxton

Single commission member lacks authority to terminate or hire executive director without deliberation and decision from entire commission at properly called meeting|Constructive discharge|Termination|Whether note passed from one commission member to another violates the Open Meetings Act is a fact question that cannot be answered in an attorney general opinion

KP-0223
Ken Paxton

Appointment of municipal waterworks system employee as municipal housing authority commissioner|Employee|Employ

GA-0004
Greg Abbott

Industrial development corporation, whether it is a "governmental entity"|Transfer public land to private party using industrial development corporation as an intermediary, city may not|Governmental entity

GA-0012
Greg Abbott

County court at law judge's compensation must include amount equal to benefit-replacement pay received by a district judge if county court judge held office on August 31, 1995|Compensation must include amount equal to benefit-replacement pay received by district judge only if county judge held office on August 31, 1995, County court judge's|Benefit-replacement pay, compensation includes|Benefit-replacement pay|Compensation|Salary

GA-0014
Greg Abbott

Annexation of land owned by city but not contiguous with, effect on extraterritorial jurisdiction of city|Contiguous|Adjacent

GA-0023
Greg Abbott

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

GA-0025
Greg Abbott

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

GA-0027
Greg Abbott

Member of police department means employee of the department who has a peace officer's license|Commission on Law Enforcement Standards and Education, phrase refers to Commission on Law Enforcement Officer Standards and Education|Member of fire department|Member of police department|Hours of labor and vacation of members of fire and police department in certain municipalities applies only to a "member of the fire department" or to a "member of the police department"|Fire protection personnel, "member of the fire department" means an employee who is defined as

GA-0029
Greg Abbott

"Civil liability" in section 791.006 of Government Code relating to interlocal cooperation contracts to furnish or obtain fire department services, meaning of|Interlocal cooperation contracts to furnish or obtain fire department services, civil liability under section 791.006 of Government Code relating to |Civil liability

GA-0031
Greg Abbott

School district employee who is also city council member may participate in city council actions affecting school district|School district is not a business entity within Local Government Code chapter 171|Business entity

GA-0038
Greg Abbott

Coordinated health program designed to prevent certain diseases in elementary school students, whether Agency may approve more than one set of educational materials to implement|Program

GA-0047
Greg Abbott

Mental health parity, applicability of Insurance Code provisions requiring municipal risk pool|Pregnancy as preexisting condition, applicability of Insurance Code provisions requiring to municipal risk pool|Immunizations required for children through age six, municipality may not charge deductible of covered children even if received from non-network provider|Municipal risk pool, applicability of statutes requiring mental health parity, prohibiting treating pregnancy as preexisting condition, and prohibiting risk pool from charging deductible for covered child's required immunizations|Immunizations, municipal risk pool may not charge deductible for those required for children through age six even if received from non-network provider|Municipal risk pool, Department's jurisdiction over with respect to mental health parity requirements, use of pregnancy as preexisting condition, and charging deductible for covered child's required immunizations|Risk pool, applicability of Insurance Code provisions requiring mental health parity, prohibiting treating pregnancy as a preexisting condition, and prohibiting charging deductible for covered child's required immunizations|Deductible

GA-0050
Greg Abbott

Subspecialty, Board may deny license to practice medicine to applicant who received training at international institution accredited in specialty but not in particular subspecialty|Same|Subject|Agency construction of statute the agency is charged with administering is not unreasonable as a matter of law because the construction has changed over the years|International training institution accredited in specialty but not subspecialty, applicant for license to practice medicine who received training may be denied license|Medicine, applicant for license to practice who was trained at international institution accredited in specialty but not in particular subspecialty may be denied license

GA-0052
Greg Abbott

Motor vehicle accident reports, actual cost of copies|Actual costs|Fees for copies of motor vehicle accident reports,

GA-0064
Greg Abbott

Felony conviction, licensing agency's authority to deny or revoke professional license upon|Revoke professional license upon licensee's felony conviction, circumstances in which a licensing agency must|Privacy, double jeopardy, and self-incrimination, licensing agency's requirement that applicants and licensees provide agency with criminal history information does not violate constitutional guarantees regarding|Halfway house is not imprisonment for purposes of professional license revocation statutes|Criminal history information, Board's authority to require applicants and registrants to provide and to deny or revoke registration upon applicants or registrant's felony conviction|Imprisonment

GA-0070
Greg Abbott

Thermal energy plant built for a building complex is a "facility" under subchapter H, chapter 271 of the Local Government Code|Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government Code|Jail facility, a county does not have implied authority to enter into a sale and leaseback of property to acquire a thermal energy plant in connection with a|Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into a|Facility|Civil engineering

GA-0075
Greg Abbott

Workers' compensation benefits and risk management program allocation, retirement system is not subject to|Employees and Teacher Retirement System may not be allocated share of costs of workers' compensation benefits and risk management program|Retirement systems are trust funds for members' benefit and are not subject to allocation for workers' compensation benefits and risk management program|State agency

GA-0089
Greg Abbott

Court and jail personnel may not recommend any bail bond surety to another person|Bail bond surety may not recommend any attorney or law firm to a person|Particular|A

GA-0091
Greg Abbott

Improvements, distinguishing from repairs for purposes of limit on value of senior's residence homestead for school-district taxation|Improvements, for purposes of cap on residence homestead's appraised value repairs made after natural disaster are and are not "ordinary maintenance"|Ordinary maintenance|Repair|Improvement|Improvements and repairs to residence homestead after natural disaster, valuing for purposes of statute limiting tax a school district may collect from senior and of statute capping appraised value|Residence homestead of senior, valuation may be increased to reflect value of improvements made following a natural disaster that damaged home; distinguishing between repairs and improvements

GA-0099
Greg Abbott

District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential|Notwithstanding|Salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential

GA-0100
Greg Abbott

Including|Conservation measure|Energy savings performance contract, school district may enter only in accordance with Education Code section 44.901|Energy savings performance contract, whether particular is contract for services is fact question

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-0109
Greg Abbott

Death "in the custody of a peace officer" occurs for purposes of Code of Criminal Procedure provision requiring investigation and report when decedent is either under arrest or under physical control or restraint by peace officer|In custody

GA-0114
Greg Abbott

Pretrial intervention, community supervision and corrections department's authority to assess participant in a pretrial intervention program fees under both article 102.012 of the Code of Criminal Procedure and section 76.015(c) of the Government Code|Pretrial diversion|Pretrial intervention

GA-0118
Greg Abbott

Preservation|Project|Purposes|Management|Specific|Records management and preservation fees, commissioners court and county clerk together must determine what specific records management and preservation purposes may be paid with|Records management and preservation fees, clerk and commissioners court together must determine specific records management and preservation purposes for which may be used, which may include salaries of clerk's office employees

GA-0125
Greg Abbott

Missing child|Minor is not a missing child if custodian knows minor's location

GA-0155
Greg Abbott

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

GA-0158
Greg Abbott

County-owned vehicles, county may not print advertisement for privately owned business on|Advertisement for privately owned business, county may not print on county owned vehicle in exchange for donation from the business or lease of space on the vehicle with the business|Donation

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-0169
Greg Abbott

Tax increment reinvestment zone, council member of creating city not barred from simultaneous service on board of|Council member of creating city not barred from simultaneous service on board of tax increment reinvestment zone|Officials

GA-0179
Greg Abbott

Insurers, Texas Automobile Theft Prevention Authority may not assess fee on other than those writing "motor vehicle insurance" policies|Programs, Automobile Theft Prevention Authority may not fund those programs that relate to theft of self-propelled farm or construction equipment, or boats and aircraft; it may establish a program to prevent self-propelled farm and construction equipment |Motor vehicle

GA-0192
Greg Abbott

Outdoor advertising signs, regulation by city|Nonconforming use|Highway Beautification Act, state law implementing provisions on outdoor advertising

GA-0202
Greg Abbott

Different phrases in a statute are intended to mean different things|Particular purpose, we presume the legislature chooses each word or phrase to serve a|Corporal Punishment|Corporal punishment, a school district may bring a disciplinary action against a professional employee if the use is inconsistent with the district's policy, although a school district may not bring an action against an employee who uses physical force as

GA-0214
Greg Abbott

Responsibility to two employers does not violate common-law doctrine|Practical difficulties of holding two positions, not addressed by common-law doctrine|Commissions from more than one law enforcement agency, whether a licensed peace officer may simultaneously hold|Commissioned Peace Officer

GA-0219
Greg Abbott

Undocumented persons, section 285.201 of the Health and Safety Code permits, but not require, a hospital district to provide nonemergency public health services to undocumented persons who are otherwise ineligible for those benefits under federal law|Nonemergency public health care services, section 285.201 permits, but does not require, hospital districts to provide to undocumented persons otherwise ineligible for those benefits under federal law|Eligibility

GA-0221
Greg Abbott

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

GA-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-0262
Greg Abbott

Budget for the district, the creating political subdivision cannot adopt without district participation and approval|Funds must be deposited in a special account in the creating political subdivision's depository|Special account

GA-0278
Greg Abbott

Indian tribes, authority to engage in casino gambling in Texas|Indian Gaming Regulatory Act, application to federally recognized Indian tribes in Texas|Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, applicable to gaming by those two tribes|Video Lottery Terminals

GA-0283
Greg Abbott

Overlapping appraisal districts must enter in the appraisal records the lowest value, appraised and market, for property in their shared jurisdictions|Property in overlapping appraisal districts, chief appraisers in the districts must enter the lowest appraised and market value for|Or

GA-0284
Greg Abbott

Compensation|Political subdivision of the state, a navigation district is|Retirement and medical benefits for navigation district commissioners and their dependents, the authority to determine whether the district will provide lies with the district board|Navigation district commissioners' compensation, a commissioners court's authority to set does not include authority to determine whether the navigation district may provide the district commissioners with retirement and medical benefits

GA-0293
Greg Abbott

Management fees deducted from mutual funds, whether payable only from appropriated funds|Permanent School Fund, payment from appropriation of expenses of managing|Constitution, construction of is governed by same rules as construction of statutes|Mutual Fund|Investment Company

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-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-0334
Greg Abbott

Further participation in a matter, whether prohibition on bars interested public officer from attending executive session relating to matter|Participation|Adverse Party|Criminal provisions, notice of prohibited conduct in and applicable rules of construction|Litigation|"Litigation" within Open Meetings Act includes contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District|Contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District is "litigation" within Open Meetings Act

GA-0340
Greg Abbott

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

GA-0342
Greg Abbott

Charter amendment changing standing date of general elections enacted after statutory deadline in section 41.0052(a), Election Code, conflicts with state law and is therefore preempted|Municipal regulation conflicts with state law, home-rule municipality preempted from regulating subject matter if|Home-rule cities, legislative power is vested in city council and citizenry of|Governing Body

GA-0347
Greg Abbott

Opinion Withdrawn 1/14/2008 - Superseded by statute, Tex. Educ. Code Ann. § 54.203|Opinion Withdrawn 1/14/08

GA-0353
Greg Abbott

Operating funds for indigent medical care services, county must transfer to newly created hospital district|Where newly created hospital district does not comprise the entire county and where the statute does not provide formula by which to apportion operating funds for indigent medical care services between county and newly created hospital district, determination of method of allocation lies with the discretion of the commissioners court, subject to judicial review|Discretion

GA-0361
Greg Abbott

County election commission is not subject to the Open Meetings Act|"Deliberative body that has rulemaking or quasi-judicial powers," construing the phrase|Deliberative body that has rulemaking or quasi-judicial powers

GA-0369
Greg Abbott

Irreconcilable conflict, silence in one statutory provision as to other statutory provision does not constitute|Irreconcilable conflict, mere difference between two statutes does not in itself constitute|Full effect, amendments to section 1301.002, Occupations Code, Plumbing License Law, contained in House Bill 3507 from the 78th Legislature should be given|Drain Cleaner|Drain Cleaner-Restricted Registrant|Executive Director|Journeyman Plumber|Plumber's Apprentice|Plumbing Inspector|Residential Utilities Installer|Tradesman Plumber-Limited License Holder

GA-0375
Greg Abbott

Appraisal district board, assessor-collector is ineligible to serve as a nonvoting member if he or she marries an appraisal district employee who is engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code|Appraisal district employee who is engaged in the business of appraising property for compensation for use in Property Tax Code proceedings is not barred from employment in the appraisal district upon his or her marriage to the local county tax assessor-collector, who is a nonvoting member of the appraisal district board|Business

GA-0380
Greg Abbott

Newspaper of general circulation, there is no legal requirement that a governmental body required to publish notice in a newspaper of general circulation affirmatively determine whether the publication is a|Newspaper of general circulation, because county actions are subject to challenge based on defective notice and because an adopted order would serve as some evidence for a reviewing court, a county commissioners court would be well served to determine whether a publication is a|Newspaper of general circulation

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-0392
Greg Abbott

Directors of Bandera County River Authority and Groundwater District, qualifications for election found in Election Code|Bandera County River Authority and Groundwater District, qualifications for election of directors|Groundwater conservation distrct

GA-0397
Greg Abbott

Fire science courses offered at institutions of higher education, "fire science" is a technical term referring to courses that fall within a designated fire science curriculum as well as courses primarily related to fire service, emergency medicine, emergency management, or public administration regardless of whether those courses fall within the curriculum designed as "fire science"|Tuition for fire fighters enrolled in fire science courses, fire fighter seeking exemption from tuition need not be pursuing a degree in fire science and may already have a degree in fire science|Tuition and laboratory fees at public junior colleges and four-year colleges and universities, a fire fighter is exempt from paying|Tuition and fees at public junior colleges, a public junior college's charges are what the college designates them to be|Tuition for fire fighters enrolled in fire science courses, fire fighter seeking exemption from tuition need not be pursuing a degree in fire science and may already have a degree in fire science\r\n|Public junior college's charges are what the college designates them to be|Houston Community College's "general fee" is not tuition|Houston Community College, to the extent that it assesses a fee for its operation, that fee would be tuition and a fire fighter exempt from paying tuition would have to pay that non-tuition fee|Fire science|Tuition|Fee

GA-0403
Greg Abbott

Assisted living facility, an establishment that furnishes food and shelter to four or more persons who are unrelated to the proprietor and that requires those persons to obtain personal care services through a particular licensed home health agency must be licensed as|Assisted living facility, proprietor may not, by requiring residents to use a particular personal care services provider, abridge residents' rights to choose such providers|Agency interpretation of a statute is entitled to serious consideration if (1) the agency is charged with the statute's enforcement; (2) the interpretation is reasonable; and (3) the interpretation is not contrary to the statute's plain language|Provides|Right

GA-0406
Greg Abbott

Meet before hearings with the child or the individual with whom the child ordinarily resides, attorney ad litem's duty under section 107.004(d) of the Texas Family Code to |Attorney ad litem's duty under Texas Family Code section 107.004(d) to meet before hearings with the child or the individual with whom the child ordinarily resides|Attorney ad litem's duty under Family Code section 107.004(d) to meet before hearings with the child or the individual with whom the child ordinarily resides|Meet|Feasible

GA-0409
Greg Abbott

Newly registered alarm installers, authority of Board to adopt rules concerning activities of|Newly registered alarm installers, authority of Private Security Board to adopt rules concerning activities of|Safety|Conduct|Qualifications

GA-0411
Greg Abbott

Water supply and sewer systems, provision in economically distressed areas|Irreconcilably conflict, when two amendments adopted by the same legislature, the later enacted prevails|Affected county

GA-0412
Greg Abbott

Robert's Rules of Order provides that a majority vote is cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting at which a quorum is present|Harris County Hospital District Board of Managers, voting procedures pursuant to Robert's Rules of Order|Majority vote per Robert's Rules of Order

GA-0421
Greg Abbott

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

GA-0424
Greg Abbott

Work program, under article 43.101(a), Code of Criminal Procedure refers to a county jail industries and manual labor program recognized by articles 43.09 and 43.10 of the same code or section 351.201 of the Local Government Code; prisoners participating in such a program may not work for a nonprofit organization that has not been approved under article 43.10(4), Code of Criminal Procedure, or section 351.201, Local Government Code|Authority, a sheriff may perform only those functions that are expressly delegated to the office by statute or are necessarily implied from express powers|Work program, a sheriff may operate a work program for county jail inmates only as authorized under article 43.09 or 43.10 of the Code of Criminal Procedure or under section 351.201 of the Local Government Code|Work program

GA-0426
Greg Abbott

Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplement|State supplement to county judge's salary if at least 40 percent of functions he performs are judicial functions|Transfer of funds from one item in county budget to another to make payments with respect to county judge's state salary supplement|Magistrate, service as is a judicial function|Magistrates of the county, including district judges, county judges, judges of the county courts at law, the judges of statutory probate courts, justices of the peace, and city judges have a mandatory duty to give statutory warnings to arrested person brought before them|Judicial function

GA-0438
Greg Abbott

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

GA-0442
Greg Abbott

Violation of county auditor's oath, remedies|Violation of county auditor's oath, official misconduct|Violation of county auditor's oath, divestment of personal interest in an existing contract|Official misconduct

GA-0446
Greg Abbott

Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply to|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176 of the Local Government Code|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of the Local Government code, local governmental entity has no affirmative duty to|Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code is|Business relationship requiring disclosure under chapter 176 of Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of Local Government Code apply to|Absent business relationship or affiliation, person subject to chapter 176 of Local Government Code must file conflict of interest questionnaire even though|Family member of local government officer, person subject to chapter 176 of Local Government Code must comply with its disclosure requirements even if a|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176, Local Government Code|Mere adoption of list of various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "describe" the required relationships and affiliations and therefore does not comply with chapter 176 |Providing incomplete list of the various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "identify and describe" all of the required relationships and affiliations and therefore does not comply with chapter 176|Chapter 176 of Local Government Code, contract with local governmental entity is not void because person failed to comply with disclosure requirements of|Existing contracts with local governmental entity, chapter 176 of Local Government Code does not include|Goods and services at reduced prices, chapter 176 of Local Government Code includes contracts offering|Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty to|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of Local Government Code, local governmental entity has not affirmative duty to |Disclosure requirements of chapter 176 of Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of Local Government Code is|Contracts or seeks to contract|Business relationship|Affiliation|Or

GA-0448
Greg Abbott

Cemetery organization subject to section 711.034 of the Texas Health and Safety Code, an unincorporated family is not a|Cemetery organization

GA-0449
Greg Abbott

Attorney General does not ordinarily construe city charters|Health insurance benefits and car allowances, payment of, constitute "compensation"|compensation

GA-0458
Greg Abbott

Licensing requirements, manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment, definition of "person"|Licensing requirements, Texas Lottery Commission's authority to issue group license|Authority to issue group license to manufacturer of bingo supplies and equipment, distributor of bingo supplies and equipment|Person|Group

GA-0459
Greg Abbott

Street improvement and maintenance, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed property|Annexed property, whether city is required to improve and maintain dedicated right-of-way in city limits to provide municipal services to annexed area|Dedication|Acceptance

GA-0471
Greg Abbott

Drainage easements and right-of-way, disposing of abandoned|Drainage easements and rights-of-way, disposing of abandoned|Drainage principle|Public road|Highway

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-0488
Greg Abbott

Nonlawyer employee, supervising lawyer responsible for ensuring that nonlawyer's conduct is compatible with lawyer's professional obligations|Deputy district clerk, who may perform official acts of district clerk in name of district clerk, does not hold a civil office of emolument|Private attorney who files cases with district clerk does not hold a civil office of emolument and is not barred by article XVI, section 40 from serving as deputy district clerk|Deputy district clerk is not barred by from employment with private attorney who files cases with district clerk|Civil office

GA-0490
Greg Abbott

Motor vehicles, under section 101.051, Civil Practice and Remedies Code, golf carts are|Golf carts are motor vehicles under section 101.051 of Civil Practice and Remedies Code|Motor vehicles

GA-0496
Greg Abbott

Independent school district trustees, authority to develop leased land|New school development, authority of independent school district trustees to pay impact fees|Developing leased land|Impact fees, authority to pay|Agreement|Impose

GA-0507
Greg Abbott

Authority to file Application for Placement under Health and Safety Code section 593.041\r\n|Interested person

GA-0508
Greg Abbott

Requirement for evidence-based programs is applicable only to programs of the Department of Family and Protective Services that are “designed to prevent or ameliorate child abuse and neglect� rather than to all programs funded by that Department\r\n|Requirement for evidence-based programs is applicable only to programs of the Department that are “designed to prevent or ameliorate child abuse and neglect� rather than to all programs funded by the Department|Evidence-based programs \r\n

GA-0515
Greg Abbott

Sheriff may not accept bail on offense committed in the county while accused is jailed in another state\r\n|Capias

GA-0516
Greg Abbott

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

GA-0518
Greg Abbott

Delinquent taxes as debt for purpose of statute authorizing a county to adopt competitive bidding rules refusing to contract with or entering into a contract with a person indebted to the county \r\n|Delinquent taxes as debt for purposes of statute precluding disbursement of county funds to person indebted to the county\r\n|Debt

GA-0528
Greg Abbott

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

GA-0530
Greg Abbott

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

GA-0531
Greg Abbott

Wrongful imprisonment, state compensation for |Claim for compensation for wrongful imprisonment, comptroller may approve when wrongful imprisonment was served concurrently with a sentence for an unrelated offense that was served in prison solely because of the wrongful conviction\r\n|For

GA-0535
Greg Abbott

Education Code section 11.0581 requires a school district with three-year trustee terms to change to four-year terms in order to comply with its election dates\r\n|Expired statute has no force or effect|Expired

GA-0541
Greg Abbott

Illegal lottery, “electronic pull-tab bingo� is not within the authorization for bingo in article III, section 47(b) of Texas Constitution and is therefore an\r\n|Bingo|Electronic pull-tab bingo

GA-0549
Greg Abbott

School district property, calculating deduction for total taxable value of|Total taxable value

GA-0551
Greg Abbott

Conflict of interest, whether administering polygraph examinations for criminal district attorney's office on criminal defendants is prohibited is matter for State Commission on Judicial Conduct to determine|Justice of the peace, whether administering polygraph examinations for criminal district attorney's office on criminal defendants after "arraignment" and setting bond is prohibited|Arraignment

GA-0555
Greg Abbott

Six-month residency requirement in Election Code applies to candidate for junior college governing body|Express statutory language needed to exempt candidate for junior college governing board from general residency requirement in Election Code|Qualified elector

GA-0556
Greg Abbott

Appraisal district's in-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is prohibited ex parte communication|Appraisal district's in-house counsel, whether the same person can also alvise the appraisal review board for that district|In-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is a prohibited ex parte communication|In-house counsel, whether the same attorney may also advise the appriasal review board for that district|Ex parte communications

GA-0558
Greg Abbott

Parkland, lease or sale of to an independent school district|Parkland, lease or sale of home-rule municipality's parkland to an independent school district|Lease or purchase of municipal parkland for school-district purposes, a school district's authority to|Notice and publication requirement

GA-0559
Greg Abbott

Tax limitation authorized by article VIII, section 1-b(h) of the Texas Constitution for the residence homesteads of certain taxpayers in county is effective when adopted by the voters |Base year for taxpayers qualifying for tax limitation on residence homestead, commissioners court has no authority to establish where county adopted tax limitation by election|Alternative|Base year

GA-0563
Greg Abbott

Manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company|Bingo manufacturer's or distributor's license eligibility, equitable or credit interest in a holding company|Holding company|Equitable or credit interest

GA-0576
Greg Abbott

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

GA-0577
Greg Abbott

Impact fees, assessment and collection of impact fees adopted after June 20, 1987\r\n|Adopt|Collect

GA-0579
Greg Abbott

Americans with Disabilities Act, court would probably find that state agency violated if it denied Texas residents meaningful access to state services|Meaningful access

GA-0581
Greg Abbott

Insurance policies are contracts|Liability insurance that real estate inspectors are required to carry|General liability insurance|Incompetence|Professional liability insurance

GA-0582
Greg Abbott

Mass gathering, single permit for a mass gathering may not be issued for multiple events|Mass gathering

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-0589
Greg Abbott

Designation of agent form under section 1.111 of the Property Tax Code, property tax consultant authorized to act on behalf of owner can sign|Other person|Authorized

GA-0591
Greg Abbott

Event ticket game with "graphic and dynamic" video confirmation|Video confirmation device described as "graphic and dynamic" used solely to inform players of th winning numbers in a bingo game|Rules on "graphic and dynamic" video confirmation device for event ticket game|Event ticket|Smart card

GA-0605
Greg Abbott

Magistrate or court before whom the sheriff must bring a parolee arrested on a new offense and parole violation warrant after arrested person has been returned to county where new offense alleged was committed|Parolee arrested for a new offense on an out-of-county warrant and also arrested on warrant for a parole violation, return to county of new offense|Blue warrant|Proper magistrate or court

GA-0608
Greg Abbott

Postal inspectors of the United States Postal Service, Office of the Inspector General, state powers of arrest, search, and seizure|Inspectors of the United States Postal Service

GA-0610
Greg Abbott

Exemption under section 104.202 of Utilities Code, state agency must contract to use annual average of 100 Mcf per day of natural gas in order to quality for the |State agency

GA-0613
Greg Abbott

Juvenile detention facilities, commissioners court authorized to purchase or lease out-of-county land to provide|Forfeiture funds acquired under article 59.06 of Code of Criminal Procedure may not be used to acquire juvenile detention facility for the county|Official purposes of district attorney's office do not include acquisition of juvenile detention facilities for county|Primary function of office is to prosecute the pleas of the state in criminal cases|Solely

GA-0614
Greg Abbott

State Board for Educator Certification is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Board is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Including|May

GA-0617
Greg Abbott

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

GA-0626
Greg Abbott

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

GA-0627
Greg Abbott

Contract with an appraisal company that employs the chief appraiser’s son, whether the chief appraiser is disqualified on the basis of under Tax Code section 6.035(a) or whether such a contract is prohibited under Tax Code section 6.05(g)\r\n|Individual

GA-0629
Greg Abbott

Open-enrollment charter school is an entity for which the state may enter into an agreement with the Social Security Administration|Political subdivision|Instrumentality of a State

GA-0632
Greg Abbott

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

GA-0633
Greg Abbott

Affiliate|Benefit|Company|Qualified 403(b) investment products, whether an educational institution violates article 6228a-5, section 9(a)(4)–(7) by contracting with a third-party administrator that is affiliated with a company selling is a fact question

GA-0634
Greg Abbott

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

GA-0635
Greg Abbott

Local option status, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limits|Sale of alcoholic beverages, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limits|Local option status or status

GA-0641
Greg Abbott

Proper formula under section 21.402, Education\r\nCode, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimum|Notwithstanding

GA-0643
Greg Abbott

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

GA-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-0651
Greg Abbott

Appointment to represent an indigent criminal defendant in appellate proceedings, whether a justice may accept|County official, justice of the peace is for purposes of Code of Criminal Procedure article 26.06\r\n|Appointment to represent an indigent criminal defendant in appellate proceedings, article 26.06 of the Code of Criminal Procedure and Government Code section 82.064 appear to recognize the authority of a justice of the peace to accept|Code of Judicial Conduct, whether a justice of the peace violates in particular circumstances is to be determined by the Commission in the first instance\r\n|County official

GA-0657
Greg Abbott

Hebrew Scriptures and its impact; New Testament and its impact, school districts and charter schools are authorized but not required to offer elective courses on |Hebrew Scriptures and its impact; New Testament and its impact, school districts and charter schools that choose to offer such courses are not required to offer the course for the semester as a campus where fewer than fifteen students register to enroll in the course|Religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature, form part of the enrichment curriculum of school districts and charter schools|May\r\nRequired\r\nShall

GA-0660
Greg Abbott

Dangerous dog, a municipal court’s jurisdiction to adjudicate compliance hearings under Health and Safety Code section 822.042 and appeals from dangerous-dog determinations under section 822.421|Court of competent jurisdiction

GA-0662
Greg Abbott

Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employees Relations Act|Civil service municipality’s adoption of the Fire and Police Employees Relations Act, effect on fire chief’s authority to appoint deputies|Adopted by election, the Fire and Police Employees Relations Act is|Subsection

GA-0665
Greg Abbott

Economic development, appraised property value limitation for maintenance & operation taxes, persons eligible to apply for|Economic development, value limitation for maintenance and operation taxes, persons eligible to apply for\r\n|Qualified property

GA-0672
Greg Abbott

Regulate structures on and near Cedar Bayou and within the District’s boundaries that may affect water transportation activities, that are incident to or accommodating of commerce or navigation, or that are incident to or necessary in the proper operation and development of ports and waterways, Cedar Bayou Navigation District’s authority to|Cedar Bayou Navigation District’s authority to regulate structures on and near Cedar Bayou and within the District’s boundaries that may affect water transportation activities, that are incident to or accommodating of commerce or navigation, or that are incident to or necessary in the proper operation and development of ports and waterways|Accommodating|Incident to

GA-0673
Greg Abbott

Vehicle identification numbers not excepted from disclosure by Government Code section 552.130|Vehicle identification numbers

GA-0678
Greg Abbott

Licensing of child-care facility by the Texas Department of Family and Protective Services, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact|Licensing of child-care facility by the Department, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact|Operate

GA-0679
Greg Abbott

Department of Information Resources, conflict of interest for board members or the executive director to receive money or other thing of value from entity that may be awarded contract by state government|Conflict of interest for board members or the executive director to receive money or other thing of value from entity that may be awarded contract by state government|Contract|May

GA-0682
Greg Abbott

Hotel occupancy tax, expenditure of revenue from tax on "key person insurance" policy as an authorized administrative costs|Administrative costs|Key person insurance

GA-0683
Greg Abbott

Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establish|Electronic monitoring

GA-0684
Greg Abbott

Airline Deregulation Act of 1978, preemption of regulation of air ambulance subscription program for air ambulances providing interstate transportation|Air ambulances, preemption of state statute and regulations on price by Airline Deregulation Act of 1978 for air ambulances providing interstate transportation|Subscription program

GA-0694
Greg Abbott

Statutory county court judge, whether, under Government Code section 25.0005(a)the judge is entitled to longevity pay calculated in accordance with Government Code section 659.0445|Longevity pay calculated under Government Code section 659.0445, whether a statutory county court judge is entitled to under Government Code section 25.00005(a)|Contribution\r\n\r\nSalary\r\n\r\nSupplement

GA-0711
Greg Abbott

County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety Code|Audit

GA-0715
Greg Abbott

Discretion to provide medical insurance for juvenile board, county commissioners have|Eligibility for county medical insurance, juvenile board members|Compensation|Medical insurance, included within the term "compensation"

GA-0722
Greg Abbott

Fee, county may impose on a person or entity for cuts of a county road surface in connection with installing maintaining, or repairing person’s or entity’s facilities or properties\r\n\r\n|Excavating or cutting the surface of a county road, activities of do not include boring or tunneling under a county road|Excavate|Object (of a verb)

GA-0724
Greg Abbott

Ad valorem taxes, contract between a municipal governing body and another taxing unit or an appraisal district board to collect, \r\n \r\n|Municipal governing body may contract under Intergovernmental Contract Act for collection of assessments imposed under Public Improvement District Assessment Act with another local government with authority to collect assessments|Assessment on property to finance public improvement is not an ad valorem tax|Contract to collect taxes under Tax Code section 6.24 applies to ad valorem taxes, not to assessments for public improvements|Assessment, ad valorem tax\r\n|Assessment, to finance public improvement\r\n|Special assessment|Ad valorem tax|Assessment for public improvements, contract under Intergovernmental Contract Act between municipality and another local government to collect assessment under Public Improvement District Assessment Act

GA-0725
Greg Abbott

Reservations and assignments in deeds executed by a member of a city council, whether they operate to exclude property from tax increment financing|Tax increment financing, whether reservations and assignments in deeds executed by a member of a city council operate to exclude property from|Own|Owner

GA-0728
Greg Abbott

Community supervision and corrections department, statutory county court judge with only misdemeanor jurisdiction is among the group of judges described in section 76.002(a), Government Code|Government Code section 76.002(a), “statutory county court judges trying criminal cases� includes a statutory county court judge with only misdemeanor jurisdiction under|Criminal\r\n|Case

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-0746
Greg Abbott

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

GA-0752
Greg Abbott

Definition of "residence homestead" for purposes of payment of property taxes under section 11.13(j), Tax Code, differs from definition of "homestead" for purposes of exemption from forced sale pursuant to article XVI, section 51 of the Texas Constitution|Whether multiple parcels of land may constitute "residence homestead" is question of fact|Residence homestead

GA-0756
Greg Abbott

Application for place on Logan Slough Creek Improvement District, governed by the Election Code\r\n\r\nNotice of election for Logan Slough Creek Improvement District, governed by District’s legislation|Election Code, to the extent any provision governing the Logan Slough Creek Improvement District’s elections conflicts with the Election Code and does not provide otherwise, the provision in the District’s legislation is superseded by the|Logan Slough Creek Improvement District is subject to the Open Meetings Act|Logan Slough Creek Improvement District is subject to the Public Information Act|Property ownership requirement as qualification to serve as member of the board of directors|Governance of the Logan Slough Creek Improvement District|Taxable property in the district

GA-0762
Greg Abbott

Pollution resulting from generalized discharges of waste which are not traceable to a specific source, the Legislature has authorized a municipality to regulate in its extraterritorial jurisdiction|Nonpoint source pollution

GA-0764
Greg Abbott

District court, duty to provide certain funding for|Appointed judge, taking oath of office\r\n\r\nAppointed judge, length of service\r\n\r\nNewly-created district court, vacancy in\r\n\r\nTerm of office, district judge\r\n\r\nVacancy in, filling|Mandamus, not subject to\r\n\r\nVacancy in district court, authority to fill|Succeeding

GA-0771
Greg Abbott

Fire chief’s authority to appoint deputies in civil service municipalities that adopt the Fire and Police Employee Relations Act; reaffirming Attorney General Opinion GA-0662 (2008)|Fire chief’s authority to appoint deputies in civil service municipalities that have adopted the Fire and Police Employee Relations Act; reaffirming Attorney General Opinion GA-0662 (2008)|Subsection; reaffirming Attorney General Opinion GA-0662 (2008)

GA-0774
Greg Abbott

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

GA-0776
Greg Abbott

Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"|Item of appropriation

GA-0793
Greg Abbott

County road right-of-way, a school district has no right to install fiber-optic cable in|A school district has no right to install fiber-optic cable in a county road right-of-way|Install telecommunications equipment in the right-of-way of a public road, no right to absent statutory authority|Right-of-way

GA-0801
Greg Abbott

Farm vehicle, owner of a vehicle used to transport birds, rats, mice, hamsters and similar animals for sale to pet shops may not register it as a|Farm vehicle\r\nLivestock\r\nPoultry

GA-0802
Greg Abbott

Abortion facility may not use either a prerecorded telephone message or a one-way conference call to furnish the information required to be provided to a patient by section 171.012, Health and Safety Code|Orally by telephone

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-0805
Greg Abbott

Storm damage, appraisal afterwards is determined by section 23.23(f)of the Tax Code if structure was \\"rendered uninhabitable or unusable\\"\r\n\r\nStorm damage, appraisal is dependent upon whether renovations may reasonably be said to constitute a \\"new improvement\\" under subsection (e) if structure was not rendered uninhabitable or unusable|Appraisal after storm damage is determined by section 23.23(f) of the Tax Code, if structure was \\"rendered uninhabitable or unusable\\"; dependent upon whether renovations may reasonably be said to constitute a \\"new improvement\\" under subsection (e) if structure was not rendered uninhabitable or unusable|Rendered uninhabitable or unusable

GA-0815
Greg Abbott

Must include|An administrative agency may adopt only such rules as are authorized by and consistent with its statutory authority\r\n\r\nDeterminative factor as to whether an agency exceeds its rule-making authority is whether the regulation is in harmony with the general objectives of the statute\r\n\r\nWhether rules are in harmony with the general objectives of the relevant statute is determined through statutory construction\r\n\r\nDepartment of Family and Protective Services, authority to adopt rule that increases the number of training hours required for an employee of a day-care center or group day-care home from that set out in statute

GA-0820
Greg Abbott

Final orders in contested cases, authority of Board and director of Motor Vehicle Division to issue\r\n\r\nDelegation of final order authority to the director of the Motor Vehicle Division, Board has no implied authority to do so\r\n\r\nConflict of interest provisions, application to Board members must be determined on a case-by-case basis|Lemon Law

GA-0845
Greg Abbott

An administrative agency can adopt only such rules as are authorized by and consistent with its statutory authority|In deciding whether an agency has exceeded its rule-making powers, the determinative factor is whether the rule’s provisions are in harmony with the general objectives of the act involved|Beyond the authority of the Commission, as we construe subsection 32.0248(h) of the Human Resources Code, the term \\"affiliate\\" connotes an element of control between entities and, to the extent the Commission’s proposed rule defining the term does not include any element of control between entities, a court would likely consider it to be inconsistent with subsection 32.0248(h) and thus|Affiliate

GA-0852
Greg Abbott

Legislative enactments which provide incoming revenue for the State Highway fund constitute \\"enacted revenue measures\\" under article IX, section 17.10(b)(1) of the Appropriations Act, regardless of when they were enacted|Enacted revenue measures

GA-0853
Greg Abbott

Reserve law enforcement officers, a county commissioners court and county fire marshal lack authority to commission or appoint volunteer assistant fire marshals as|Volunteer assistant fire marshal, the statutory definition of \\"reserve law enforcement officer\\" does not include a|A person appointed to serve as a volunteer assistant fire marshal is not, as an automatic consequence of the appointment, a reserve law enforcement officer|Reserve law enforcement officer

GA-0856
Greg Abbott

Newspaper, a paper used for the publication of a political subdivision’s notices under section 2051.044 of the Government Code must satisfy the requirements of a|Newspaper,a paper used for the publication of a political subdivision’s notices under section 2051.044 of the Government Code must satisfy the requirements of a|Newspaper

GA-0858
Greg Abbott

Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion Committee|Project labor agreement

GA-0860
Greg Abbott

Conviction information that the Texas Youth Commission must furnish to a school district when its parolee transfers to a district in which he has not been previously enrolled|Statement of offense

GA-0866
Greg Abbott

Evidence tested or offered into evidence prior to effective date of enabling Act (Sept. 1, 2005), the Forensic Science Commission may conduct investigations of incidents that occurred before Act’s effective date but it is prohibited from considering|Forensic Science Commission’s investigative authority is limited to those laboratories, facilities, or entities that were accredited by the Department of Public Safety at the time forensic analyses took place|\\"Forensic analysis\\" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal Procedure|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to FSC investigation, assuming all other statutory requirements are satisfied|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to Forensic Science Commission investigation, assuming all other statutory requirements are satisfied|Forensic analysis

GA-0867
Greg Abbott

Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d)of art. 179e.|Citizenship|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art. 179e.|Texas Racing Act licensing residency requirements, constitutionality of sec. 6.06(d) of art. 179e|Fact questions cannot be answered in an attorney general opinion. U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves mixed questions of fact and law.|U.S. Supreme Court\\'s test to determine if state law violates U.S. Commerce Clause involves questions of fact that cannot be answered in an attorney general opinion.|Texas Racing Act licensing requirements, constitutionality of sec. 6.06(d)of art 179e.

GA-0889
Greg Abbott

Single \\"primary function,\\" the Medicaid and Public Assistance Fraud Oversight Task Force does not have a single primary function, and thus, chapter 2110 of the Government Code is not applicable to it|Advisory committee

GA-0890
Greg Abbott

Nonprofit community business organization, under section 11.231 of the Texas Tax Code an entity that satisfies the elements in subsections (a) and (d), as determined by the chief appraiser, is a|Property tax exemption under section 11.231 of the Texas Tax Code, an entity that satisfies the elements in subsections 11.231(a) and 11.231(d), as determined by the chief appraiser, is a \\"nonprofit community business organization\\" that qualifies for a|Nonprofit Community Business Organization\r\n\r\nPrimarily

GA-0899
Greg Abbott

State Highway 165 within the State Cemetery, the State Cemetery Committee is to determine in the first instance and subject to judicial review the exact scope of its operational authority, and whether that authority necessarily includes the power to regulate bicycles on|Operations

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-0966
Greg Abbott

Operation of golf cart in master planned community, public or private beach, or public highway|Master planned community

GA-0984
Greg Abbott

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

GA-1029
Greg Abbott

Municipal police department positions subject to Local Government Code chapter 143 must generally be filled by competitive examination process; section 143.014 provides exception to general rule and allows police department head to appoint if specific criteria is met.|Local Government Code chapter 143 defines \\"department head\\" as \\"the chief or head of a fire or police department or that person\\'s equivalent, regardless of the name or title used.\\"|Number of persons department head may appoint under 143.014(c) Local Government Code may not exceed number of positions, plus one, in classification \\"immediately below that of department head\\" on January 1, 1983, irrespective of the particular title used|Municipal police department positions subject to Local Government Code chapter 143 are generally filled by competitive examination process; section 143.014 exception allows appointment by police department head if specific criteria is met|Department head

GA-1040
Greg Abbott

Tax Code subsection 6.06(j) requires that \\"payments made or due to be made by the taxing units\\" should be included in the excess-funds calculation and returned or credited back to the taxing units.|Tax Code section 6.06 permits amendments to the proposed budget of an appraisal district after the public hearing process and before final approval of the budget, and the fact that a particular line item is not \\"prepared in the proposed budget\\" by the deadline is not by itself fatal to the budget process.|Proposed salary increase that operates prospectively from the time of its proper authorization is likely not unconstitutional|An appraisal district\\'s participating taxing units may utilize Tax Code section 6.10 to disapprove the amendment of a budget by an appraisal district board.|An expenditure to which an appraisal district is bound is an expenditure that is obligated to be spent under Tax Code subsection 6.06(j).|obligated to be spent

GA-1055
Greg Abbott

Government Code subsection 51.607(a)directs the Comptroller to identify laws \\"that impose[] or change[] the amount of a court cost or fee.\\"|Government Code subsection 51.607(a) provides an illustrative list of the types of court costs or fees applicable under the subsection.|Under Government Code subsection 51.607(a), the phrase \\"fee or charge for services or to cover the expenses of a public official or agency\\" is not a separate category unto itself.|Government Code subsection 51.607 as a whole describes costs or fees that are judicial in nature.|Local Government Code section 118.011 sets out a county clerk\\'s fee schedule for several non-court-related fees. It permits a clerk to set and collect the Records Management Preservation Fee (RMP).|When implementing an official\\'s interpretation conflicts with the statute\\'s plain language, we cannot defer to the official\\'s view and must advise that the plain language be enforced.|Including|court cost or fee

GA-1056
Greg Abbott

Warning citation under section 720.002 Transportation Code|Warning citation under section 720.002, Transportation Code|Citation

DM-0006
Dan Morales

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

DM-0019
Dan Morales

Pay telephones in county jails, proceeds from should be paid into county treasury | Commissary

DM-0021
Dan Morales

Athletic trainers, scope of term "physician" in statute licensing | Physician

DM-0025
Dan Morales

Locality in which work performed, for purpose of prevailing wage statute generally refers to political subdivision most nearly corresponding to location of work | Prevailing wage determination within discretion of governmental body authorizing or contracting for work | Locality in which work is performed

DM-0036
Dan Morales

Management search consultants exempt from registration and bonding by Department of Licensing and Regulation | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department of Licensing and Regulation | Management search consultants exempt from registration and bonding by Department | Management search consultants not permitted to impose fee on applicant for employment; imposition of fee subjects service to enforcement authority of Department | Management search consultant

DM-0038
Dan Morales

Eighteen to twenty-one year old wards of Texas Youth Commission may not be detained in juvenile detention facility | Juvenile detention facility, 18 to 21 year old wards of Texas Youth Commission may not be detained in | Child

DM-0046
Dan Morales

Bona fide category of employees, merit raise given to spouse of superintendent of Department of Mental Health and Mental Retardation school who is employed at the same facility is not raise given to|Nepotism prohibitions, merit raise given to spouse of superintendent of Department's school who is employed at the same facility is not raise given to a bona fide category of employees for the purposes of|Bona fide category of employees

DM-0091
Dan Morales

Physician|Term of "physician" in the Occupational Therapy Title Act refers to persons licensed by State Board of Medical Examiners, not to health-care practitioners licensed under other statutes

DM-0094
Dan Morales

Tax abatement contract, county may not tax property as new property value upon expiration of|New property value|New property value, key to determining is whether county had power to tax the property the previous year|Notice and public hearing requirements for change in tax rate not activated unless proposed tax rate exceeds 103 percent of effective tax rate

DM-0097
Dan Morales

Paternity, child born out of wedlock whose paternity is established is entitled to same parent-child relationship and rights under state law as child born in wedlock|Eligibility for citizenship of child born out of wedlock to foreign mother and citizen father whose paternity is established|Voluntary legitimization|Voluntary paternity

DM-0100
Dan Morales

Evaluation fees|Examination fees|Rehabilitation fees assessed insurance companies by State Board of Insurance are not within the premium tax credit allowed for "examination and evaluation fees"

DM-0109
Dan Morales

Judge, disqualification or recusal of|Disqualification from uncontested probate case in which judge has been counsel in the case|Case|Disqualification|Recusal

DM-0110
Dan Morales

Admission fee|Pay-per-view fees charged to subscribers of boxing match simulcast, gross receipts tax does not apply|Cable television company charging pay-per-view fee to subscribers to live boxing simulcast need not be licensed as boxing promoter; pay-per-view fees are not subject to three-percent gross receipts tax|Boxing promoter, cable television company charging pay-per-view fee for live simulcast of boxing match is not|Boxing match, gross receipts tax on admission fees to view does not apply to pay-per-view fees charged by cable television company to subscribers for live simulcast|Boxing match, cable television company charging pay-per-view fee for live simulcast of is not boxing promoter and is not subject to three-percent gross receipts tax

DM-0112
Dan Morales

Carnival contest|Casino night|Bet|Nonprofit corporation, legality of "casino night" fundraising by

DM-0115
Dan Morales

Failure to request proper identification, Alcoholic Beverage Commission does not have authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of|Failure to request proper identification, Commission has no authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of|Knowingly

DM-0122
Dan Morales

Single member districts, hospital districts created under chapter 286 of the Health and Safety Code may elect all district directors from|Single member districts|By place

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-0152
Dan Morales

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

DM-0160
Dan Morales

Ex officio board members with no voting power should not be counted in determining quorum|Ex officio|Quorum|Majority of Board is two-thirds of Board members|Quorum, ex officio Board members are not counted in determining

DM-0170
Dan Morales

Retailer|Ophthalmic goods|Retailer of ophthalmic goods, optometrist who is retailer with offices at fewer than four locations is not subject to statutory conflict of interest provision|Ophthalmic goods, optometrist who is also retailer of with offices at fewer than four locations is not subject to statutory conflict of interest provision

DM-0177
Dan Morales

Teacher returning from leave of absence for temporary disability, school district must place on active duty before beginning of next school year|School term

DM-0195
Dan Morales

Procedure to recover excess tax proceeds, claimant need not file new lawsuit but must serve copy of petition on county or district attorney and all parties to existing action to foreclose lien|Petition

DM-0198
Dan Morales

Fees established by Authority to reimburse general revenue fund for pre-operation expenses must be sufficient to repay interest on funds received from general revenue|Amortization

DM-0210
Dan Morales

Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent (Affirmed by Tex. Att'y Gen. LO-93-053)|Convicted|Felony, Commission may not license applicant convicted of a felony unless applicant has been subsequently found innocent of the crime (Affirmed by Tex. Att'y Gen. LO-93-053)|Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent, even if applicant has completed terms of probation or community supervision (Affirmed by Tex. Att'y Gen. LO-93-053)

DM-0211
Dan Morales

Rules proposed by Texas Greyhound Association for use of breakage allocated to it are subject to approval by Commission|Breakage|Breakage generated by pari-mutuel wagering on greyhound races, allocation of

DM-0217
Dan Morales

Warrant, Agency may withhold to an entity that has failed to pay past-due service and handling charges|Debt|Service and handling fees, entities who have not paid to acquire surplus property are indebted to State

DM-0240
Dan Morales

School district board, prohibition on entering into contracts in which trustee or spouse has a "significant interest"|Significant interest|Contracts, prohibition on those in which trustee or spouse has a "significant interest"

DM-0259
Dan Morales

Interest|Property tax consulting services in taxpayer protest, member of appraisal review board who has performed services must disclose nature and extent of interest if member has substantial interest in business entity or real property involved in the matter|Determination of taxpayer protest before appraisal review board, member of board may not appear before the board either in capacity as court-appointed receiver or registered property tax consultant in

DM-0267
Dan Morales

State conservation district director and employee of conservation and reclamation district, prohibition inapplicable to|City not a "business entity"|Overlapping state conservation district and city, spouses holding elected offices in|Business entity

DM-0272
Dan Morales

Private residential housing, whether specific property provides depends upon the circumstances surrounding the resident involved and upon the present resident's intentions|Private residential housing|Ad valorem taxation, patient housing center affiliated with M.D. Anderson Cancer Center is not "private residential housing" and may therefore be exempt from

DM-0274
Dan Morales

Covered call contracts and covered put contracts, definition of for purposes of section 2 of the Public Funds Investment Act|Covered call contracts and covered put contracts, under Public Funds Investment Act public funds investment pool is not authorized to purchase, sell, or invest its funds and funds under its control in|Repurchase agreements|Obligation of the United States or its agencies

DM-0280
Dan Morales

Bill referencing other bills passed at same session with directions for interpretation, rules of construction do not apply to|Gambling device

DM-0289
Dan Morales

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

DM-0295
Dan Morales

Habeas corpus|Habeas corpus application, filing fee for suit or action does not apply to|Habeas corpus proceeding, clerk may charge reasonable fee for services rendered|Writ of habeas corpus, clerk may not refuse to issue for failure to pay fee

DM-0300
Dan Morales

Hiring contractor, state university does not function as when it hires private entity to engage in building or construction work|Workers compensation certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractor|University does not act as "hiring contractor" when it hires private entity to engage in building or construction work|Hiring contractor|General contractor|Certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractor

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-0305
Dan Morales

Computerized or electronic device|Public accommodation|Power bingo system, Americans with Disabilities Act prohibits charging handicapped person for use of|Power bingo system, whether availability to handicapped persons is required by Americans with Disabilities Act|Americans with Disabilities Act, whether charging handicapped persons fee for use of power bingo system prohibited by and whether availability of power bingo system to handicapped persons is required by|Public accommodation, licensed bingo operation is "place of public accommodation"|Device using keypad and electronic memory as aid in bingo prohibited

DM-0307
Dan Morales

Government-owned utility|Customer information of Franklin County Water District is confidential

DM-0310
Dan Morales

Alcoholic Beverage Commission, member of may not directly or indirectly invest in business engaged in sale of alcoholic beverages|Business engaged in sale of alcoholic beverages, member of Alcoholic Beverage Commission may not directly or indirectly invest in|Investment in business engaged in sale of alcoholic beverages, Commission member may not make|Alcoholic beverage business

DM-0329
Dan Morales

University debit card program, whether subject to Sale of Checks Act or banking laws|Debit card program, whether subject to Sale of Checks Act or banking laws|Debit card programs for students, faculty and staff, authority of university to operate|Check|Bank

DM-0330
Dan Morales

Thing of value|Towing company, whether cost of installation of statutorily-required sign must be borne by owner of parking facility or towing company

DM-0334
Dan Morales

Inspection of records|Juvenile court proceedings, whether evidence introduced in may be used in subsequent civil proceeding|Juvenile court records, whether available to victim of delinquent conduct

DM-0348
Dan Morales

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

DM-0351
Dan Morales

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

DM-0359
Dan Morales

Cold War|Student fees imposed by University of Texas at Austin, exemption for persons honorably discharged from armed forces during "cold war"

DM-0362
Dan Morales

School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School district employee required to use personal vehicle to transport students may be required to comply with special licensing restrictions (Withdrawn by Letter 9/08/95)|National Traffic and Motor Vehicle Act provisions regarding safety standards for school buses do not apply to purchasers, lessees, renters, or users of motor vehicles used to transport students (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in motor vehicles that do not comply with (Withdrawn by Letter 9/08/95)|Personal vehicles, special licensing requirements and school bus safety standards may apply if school district requires employees to transport students in (Withdrawn by Letter 9/08/95)|School bus

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-0369
Dan Morales

Separate licensing of hospital facility at separate location|Hospital facility at separate location, whether must be separately licensed|Separate licensing of hospital facility at separate location, Department's rule-making authority regarding|Premises

DM-0370
Dan Morales

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

DM-0374
Dan Morales

Permanent University Fund land leased for grazing, whether water improvement district may tax|Taxation of Permanent University Fund land leased for grazing|Permanent University Fund land, taxation by water improvement district|Tax|Special assessment

DM-0377
Dan Morales

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

DM-0378
Dan Morales

School districts, passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for|School bus|Passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for

DM-0382
Dan Morales

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

DM-0395
Dan Morales

Open Meetings Act applies to committee of judges involved in management of Community Supervision and Corrections Department|Judges involved in management of Community Supervision and Corrections Department, committee of is subject to Act|Special district

DM-0397
Dan Morales

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

DM-0402
Dan Morales

Resource conservation and development council, status as charitable organization|Resource conservation and development council, civil liability of officers and volunteers|Charitable purpose|Promotion of social welfare|Resource conservation and development council established under 16 U.S.C. chapter 54, status as charitable organization under state law

DM-0408
Dan Morales

Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from|Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights|Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from|Solicit

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-0415
Dan Morales

Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))|Acupuncture, chiropractor may not practice without appropriate license (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-471 (1998))|Incisive|Surgical

DM-0421
Dan Morales

College or university governing board may not waive collection of fees unless expressly authorized by statute|College or university medical-service fee, governing board may not waive payment of from active-duty personnel unless expressly permitted by statute|Fees, governing board may not waive collection of from employees or their dependents unless expressly permitted by statute|Discretionary fee must be compulsory where statute does not specify whether compulsory or voluntary|Voluntary fee, governing board may not charge of a student who will not use the service|Waiver of fee for employees and dependents, governing board may not grant unless expressly permitted by statute|Compulsory fee|Voluntary fee

DM-0424
Dan Morales

Ancillary materials, Board's authority to adopt or reject textbooks does not extend to consideration of materials provided to school districts at no cost to state|Textbooks, Board may not adopt rule prescribing general content requirements|Ancillary|Textbook

DM-0425
Dan Morales

Surgery|Definition may not be imported from one statute to a prior-enacted statute (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Therapeutic optometrist, authority of Board to define surgery for purposes of limiting practice of (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))|Surgery, therapeutic optometrist may not perform (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))

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-0444
Dan Morales

Utility system board is agent of municipality|Delegation to municipal utility system board of authority to manage and control system|Utility system property, system holds as agent of municipality; municipality has ultimate authority to determine use and disposal of|Delegation to municipal utility system board may not exceed power to "manage and control" system|Utility system|Control|Management|Utility system employees are employees of municipality subject to municipal employment policies, compensation, and benefits unless municipality has delegated authority to utility system board|Utility system employees subject to municipal rules regarding compensation and benefits unless municipality has delegated authority to utility system board

DM-0456
Dan Morales

Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zone|County tax abatement agreement, authority to amend by deleting land from reinvestment zone|Area|Zone

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

DM-0459
Dan Morales

Bond for court costs|Security for court costs|Exemption for state from paying security for court costs in civil cases

DM-0462
Dan Morales

Appraisal district review board, ineligibility of certain former government officers and employees for appointment to|Officer|Employee|Taxing unit

DM-0463
Dan Morales

Freeport exemption from ad valorem tax not limited to property under continuous ownership while in Texas|Freeport goods

DM-0486
Dan Morales

Offense|Restoration of civil rights forfeited by individuals convicted of federal offense

DM-0489
Dan Morales

Receiver, funds controlled by Commissioner in capacity as are not public funds that Commissioner may invest under Public Funds Investment Act|Travel advances, Commissioner may not invest under Public Funds Investment Act because not authorized by statute|Public funds, defining for purposes of Public Funds Investment Act|Public funds

DM-0499
Dan Morales

Hepatitis|Viral hepatitis|Hepatitis, commission may determine by rule what strains of hepatitis license applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Hepatitis, Cosmetology Commission may not refuse to license person with hepatitis if person is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis physician must test applicant for|Americans with Disabilities Act, Cosmetology Commission may not, consistent with the act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may not, consistent with the Americans with Disabilities Act, refuse to license person with hepatitis if otherwise qualified|Hepatitis, Cosmetology Commission may determine by rule what strains of hepatitis physician must test license applicant for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified|Cosmetology license, Cosmetology Commission may determine by rule what strains of hepatitis applicant must be tested for, but commission may not refuse to license applicant with hepatitis if applicant is otherwise qualified

JC-0012
John Cornyn

Standards, Board may adopt plumbing of statewide applicability, but Board must adopt only the three codes incorporated into article 6243-101, section 5B(a) of the Revised Civil Statutes|Plumbing codes, municipality may not vary "substantially" from state standards|Substantially|Private entity, statute incorporating codes promulgated by is presumed constitutional

JC-0014
John Cornyn

Security hardware|Ejusdem generis, general words following particular terms will be limited in meaning by the particular terms under rule of|Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies from

JC-0016
John Cornyn

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

JC-0043
John Cornyn

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

JC-0049
John Cornyn

Social workers, person originally licensed without examination whose license has expired for more than year applying for new license not subject to examination|Social Worker Examiners, Board of, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination not required by statutory provision|Relicensing, may not require person originally licensed without examination whose license has expired for more than a year applying for new license to take examination|Reexamination

JC-0051
John Cornyn

North American Free Trade Agreement, professional licenses|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, professional license\r\n|Personal Responsibility and Work Opportunity Reconciliation Act of 1996, whether Board of Professional Engineers must verify immigration status of persons seeking licensure under NAFTA pursuant to|Board of Professional Engineers, whether required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if persons seeking licensure under NAFTA are United States citizens or permanent residents|Engineers, Canadian or Mexican nationals seeking license may not be denied license solely because not United States citizens or permanent residents|Licensing, applicants under NAFTA, whether Board required by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to determine if United States citizens or permanent residents|Qualified alien|Nonimmigrant|State or local public benefit

JC-0055
John Cornyn

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

JC-0063
John Cornyn

Substantial interest in business entity through receipt of income is based on person's receipt of income during twelve-month period prior to the time that the governmental body takes up matter affecting business entity\r\n|Substantial interest of public official's minor child or dependent child in business entity, computation of|Previous year

JC-0064
John Cornyn

Filed|Renew license to conduct bingo games or to sell lottery tickets, commission may not if application not timely submitted|License to sell lottery tickets, Lottery Commission may not renew unless application timely filed|License to conduct games, Lottery Commission may not renew unless application timely filed|Lottery Commission may not renew license to conduct bingo games or license to sell lottery tickets if application not timely submitted

JC-0067
John Cornyn

Trade association, whether Texas Fire Chiefs' Association, Texas State Association of Fire Fighters, State Firemen's and Fire Marshals' Association of Texas, or Texas Association of Fire Educators is|Trade association

JC-0068
John Cornyn

Tax-exempt bonds|Hedge investment|Current refunding|Derivative product|Refunding|Advance refunding|Interest rate hedge contract, hospital district does not have authority to execute derived from its authority to issue bonds

JC-0070
John Cornyn

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

JC-0072
John Cornyn

Ultra vires, agency rule is to extent it authorizes personal-care facility to offer services beyond those authorized in statute|Personal-care facility, Board of Human Services may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing Act|Personal-care facility, Board may not adopt rule that permits it to offer services beyond those listed in Personal Care Facility Licensing Act|Nursing services|Personal care services

JC-0076
John Cornyn

Common-carrier obligation and rail line beyond authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of statutory purposes|Necessary, convenient, or useful|Common-carrier obligation and rail line beyond mass-transit authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of authority's statutory purpose

JC-0077
John Cornyn

Architectural improvement|Van access aisle in van-accessible parking space, parking a vehicle so as to obstruct is an offense|Parking space for the disabled, parking a vehicle so as to obstruct van access aisle is an offense

JC-0085
John Cornyn

Juvenile board, commissioners court has no general supervisory authority over|Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard\r\n\r\n|Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims of|Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard\r\n|Juvenile board budget, amendment of requires formal board action\r\n|Expenses

JC-0087
John Cornyn

Warrant may not be drawn in favor of justice of the peace against whom judgment for delinquent county property taxes has been entered until debt is paid|Warrant may not be drawn on county fund in favor of justice of the peace against whom judgment for delinquent county property taxes has been entered until debt is paid|Debt

JC-0095
John Cornyn

Gulf Coast Waste Disposal Authority is not a soil and water conservation district for purposes of article XVI, section 40, Texas Constitution|Soil and water conservation district

JC-0096
John Cornyn

Court reporting firms, registration of|Register|Penal statutes and statutes penal in nature, strict construction of|Penal statutes must be sufficiently definite so that persons subject to them may know what they mean and who is liable to punishment for violations|Legislative history, consideration of to determine legislative intent|Court reporting firms, registration of and application of rules to

JC-0097
John Cornyn

Surgery|Surgery, therapeutic optometrist may perform procedures within statutory definition of

JC-0104
John Cornyn

Surplus property, county lacks authority to exchange for non-monetary consideration|Sell

JC-0111
John Cornyn

Certificate of deposit|Money|Charitable Raffle Enabling Act, if certificate of deposit may be offered as a prize under|Charitable Raffle Enabling Act, certificate of deposit may not be offered as a prize under

JC-0112
John Cornyn

Civil standby, in which peace officers assist victim of domestic violence in returning to home to collect personal effects, officers immunized from civil or criminal liability in connection with|Civil standby

JC-0117
John Cornyn

Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board of Nurse Examiners|Anesthesia, selection and administration of by certified registered nurse anesthetist is within scope of professional nursing if task delegated by physician and subject to regulation by Board|Delegate

JC-0122
John Cornyn

Jail commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, sheriff need not competitively procure purchases from|Control

JC-0154
John Cornyn

Contract, whether mayor or city manager may bind city where city council has exclusive authority to enter into contracts on behalf of city|Estoppel against city in exercise of governmental function by unauthorized acts of city officers or employees|Governmental function|International bridge, construction by City of Eagle Pass

JC-0156
John Cornyn

Declaration of domestic partnership|Declaration of domestic partnership, clerk is not required to file|Same-sex couples may not marry in Texas; declaration of domestic partnership does not have effect of creating quasi-marital relation

JC-0157
John Cornyn

First year that a court begins collecting fees and costs upon approval by commissioners court pursuant to section 51.702 of Government Code, regardless of whether court reapproves collection in subsequent years the term "initially" for purposes of section|Salary formula for statutory county court judges set out in section 25.0005(e) of Government Code|Initially

JC-0161
John Cornyn

Appropriated funds may not be used to attempt to influence the passage or defeat of legislation|Appropriated money|State agency|Federal funds deposited in the state treasury and appropriated to state agency are subject to state restrictions on the use of appropriated funds for lobbying|Prohibition on use of appropriated money to attempt to influence the passage or defeat of legislation applies to federal funds deposited in state treasury and appropriated to state agency|Lobbying restrictions on appropriated money apply to federal funds granted to state for use of Texas Council for Developmental Disabilities|Council for Developmental Disabilities may not use appropriated money to attempt to influence the passage or defeat of legislation

JC-0164
John Cornyn

Inactive pit with edge located within 200 feet of public roadway constitutes an "unacceptable unsafe location" and is subject to statutory safety-barrier requirements if a pit is located on site with a "plant"|Ambiguous statute, Court will accept a commission's construction of if regulation reasonably construes the statute and does not contradict the statute's plain language|Pit, Commission may define "unacceptable unsafe location" to include inactive pit with edge located beyond 200 feet from public roadway intersection|Unacceptable unsafe location|Inactive pit|Plant

JC-0165
John Cornyn

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

JC-0169
John Cornyn

Public comment sessions in which members of the public address a governmental body are "meetings" subject to notice requirements of Open Meetings Act as amended by House Bill 156 of 76th Legislature, but notice may be highly general|Staff briefing sessions in which employees of a governmental body report to the governmental body are "meetings" subject to the notice requirements of the Open Meetings Act as amended by House Bill 156 of the 76th Legislature, and notice should disclose s|Deliberation|Meeting|Public comment|Briefing session

JC-0172
John Cornyn

Dedication|Access to public roads in subdivision, landowner may not block by locked gate or other obstruction|Private roads become public roads subject to county maintenance when dedicated to county and accepted by commissioners court

JC-0181
John Cornyn

Credit union pays costs of complying with grand jury subpoena duces tecum for records concerning members|Grand jury subpoena duces tecum for credit union records, credit union pays cost of complying with|Possession (of evidence)|Subpoena duces tecum

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-0185
John Cornyn

Uncertified teacher, whether person employed as under continuing contract with school district may satisfy continuous employment exception to statutory nepotism prohibition (Clarifies Tex. Att'y Gen. Op. No. JM-861 (1988) and Tex. Att'y Gen. LO-92-075)|Nepotism prohibition, whether person employed as uncertified teacher under continuing contract with district may satisfy continuous employment exception to statutory (Clarifies Tex. Att'y Gen. Op. No. JM-861 (1988) and Tex. Att'y Gen. LO-92-075)|Nepotism prohibition, whether school district may "promote" to position of certified teacher the sibling of a trustee who has been employed as an uncertified teacher for the district for six months prior to trustee's election (Clarifies Tex. Att'y Gen. Op|Continuous 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-0191
John Cornyn

De facto officer doctrine, actions in office of county attorney who was ineligible to be county attorney because of residency requirement may be valid under|County attorney who was appointed but later found to be ineligible because of residency requirement, in order to be valid reappointment must be made with same formality when candidate is eligible|Invalid appointment of county attorney may generally be challenged only under quo warranto doctrine|Appointment

JC-0193
John Cornyn

Nepotism laws, chief of police may not finally approve interdepartmental transfers of son or nephew involving no change in salary if approval permits chief to exercise discretion|Change in status, interdepartmental transfer involving no change in salary constitutes "change in status" so that a public officer may not approve the transfer of an employee related to the officer within a prohibited degree|Change in status

JC-0203
John Cornyn

Standing committee of less than a quorum of members of parent body is subject to Act|Workshop|Standing committee

JC-0215
John Cornyn

Split bond, magistrate may not require bailable defendant to provide, i.e., part personal bond and part bail bond|Surety, magistrate may not require bailable defendant to provide bail bond backed by a surety|Bail, magistrate may not require bailable defendant to provide split bond, i.e., part personal bond and part bail bond|Split bond|Includes|Or

JC-0220
John Cornyn

Hospital district, closure of district hospital does not relieve hospital district of its liability to provide hospital and medical care|Lease, hospital authorized to lease hospital facilities to private entity for operation of clinic to provide medical care to the district's needy inhabitants|Maintenance and operation tax, hospital district may continue to levy and use proceeds to pay expenses for indigent hospital and medical care after closing hospital|Indigent hospital and medical care, closure of district hospital does not relieve hospital district of its liability to provide|Dissolution election, special law hospital district not authorized to hold|Closure, hospital district authorized to close hospital|Maintenance and operation expenses|Hospital district may levy and use proceeds of maintenance and operation tax to pay expenses for indigent hospital and medical care

JC-0221
John Cornyn

Settlement payment|Severance payment|Severance payments under section 11.201(c) of the Education Code, whether settlement payments, insurance premiums, or other benefit payments to terminated superintendents are

JC-0223
John Cornyn

Notices required by statute to be published in "newspaper of general circulation," governmental entity must evaluate newspaper's content as well as proportion and diversity of subscribership|Newspaper of general circulation, where county required by statute to publish notice in, county must evaluate content as well as proportion and diversity of subscribership|Postal Service Domestic Mail Manual, holder of periodical mailing privileges not entitled to presumption that periodical is newspaper of general circulation|Newspaper of general circulation

JC-0237
John Cornyn

Oyster-bed leases, terms and conditions|Control

JC-0257
John Cornyn

Written reprimand may not be retained in civil-service director's file that is open to the public unless the misconduct at issue in the written reprimand results in disciplinary action|Written reprimand, as a matter of state law a civil-service commission is not subject to chapters G, H, I, or J of chapter 143 of the Local Government Code and has no jurisdiction to consider appeal of|Written reprimand, as a matter of state law civil-service commission is not subject to chapters G, H, I, or J of chapter 143 of the Local Government Code and has no jurisdiction to consider appeal of|Written reprimand, civil-service director may not retain written reprimand in employee's personnel file that is open to the public unless the misconduct at issue in the reprimand results in disciplinary action|Disciplinary action

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-0279
John Cornyn

Disposition of decedent's remains, modification of instructions in a preneed funeral services contract|Disposition of decedent's remains

JC-0284
John Cornyn

Delinquent 9-1-1 emergency service fees, authority to collect|Action

JC-0290
John Cornyn

Appraisal rolls, taxing unit may not enter into contingent fee contract with private corporation to locate property omitted from|Legal purpose, for-profit corporation may be organized for any|Property omitted from appraisal rolls, taxing unit may not enter into contingent fee contract with private corporation to locate|Tax ferret contract

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-0292
John Cornyn

Noncertified copies, $1 fee specified by statute for issuing includes costs associated with locating originals and producing copies|County clerk must collect $1 fee specified by Local Government Code to issue each page or part of a page of noncertified copies rather than costs as specified by Open Records Act|Duties prescribed or authorized by law|Issue, issuing

JC-0298
John Cornyn

Local workforce development corporation board, private-sector representative is not ineligible to service on solely because person is employed outside local area|Burdens, conditions, or restrictions that exceed those in relevant statutes, agency rule may not impose|Local workforce development board's private-sector representative, Commission rule may not be construed to impose additional eligibility requirements on|Should

JC-0306
John Cornyn

Time-payment fee collected under section 51.921(a) of Government Code, the phrase "judicial officer who collected the fees" in section 51.921(d) refers to the clerk of the court|Officer of the court, a court clerk is an|Judicial officer

JC-0316
John Cornyn

Reverse auction procedure, Commission may not use to purchase goods and services without specific statutory authority|Reverse auction|Reverse auction procedure does not constitute competitive bidding

JC-0322
John Cornyn

Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Department|Residential service contracts governed by article 6573b, Revised Civil Statutes, person offering must be licensed with the Commission|Residential service contracts|Service contracts|Service contracts governed by article 9034, Revised Civil Statutes, persons offering must be registered with the Texas Department of Licensing and Regulation|Residential service contracts governed by article 6573b, Revised Civil Statutes, persons offering must be licensed with the Texas Real Estate Commission

JC-0323
John Cornyn

File stamp serves as evidence of date and time instrument filed with county clerk|Mail, instruments delivered by mail to county clerk for filing must be "file stamped" and deemed recorded immediately upon receipt and acceptance|File stamp instrument, county clerk is not statutorily required to immediately file stamp instrument upon receiving but should do so for evidentiary purposes|Close office to the public to permit employees to work uninterrupted, county clerk may not without approval of county court|Office hours, county clerk may not alter without approval of county court|File stamp

JC-0328
John Cornyn

Reinstate prospectively|Penalties and interest on delinquent tax, property owner owes only that portion that begins to accrue on the first day of the first month that begins at least twenty-one days after collector delivers five-year notice where several five-year notices were n

JC-0329
John Cornyn

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

JC-0344
John Cornyn

Accompany|Register|Examination fee, applicant for physical therapist license or physical therapist assistant license must be submitted to Board with license application|Examination fee for physical therapist license or physical therapist assistant license applicant may not be submitted directly to examination provider|Physical therapist license or physical therapist assistant license, applicant for may not submit examination fee directly to examination provider

JC-0345
John Cornyn

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

JC-0347
John Cornyn

Confirmation of member to Fire Fighters' and Police Officers' Civil Service Commission by governing body of municipality is discretionary rather than ministerial act|Term of member of Fire Fighters' and Police Officers' Civil Service Commission, expiration of does not constitute "vacancy"|Appointment of member of Fire Fighters' and Police Officers' Civil Service Commission, power to make belongs to chief executive of municipality|Appointment of member to Fire Fighters' and Police Officers' Civil Service Commission by chief executive of municipality requires confirmation by governing body|Vacancy

JC-0358
John Cornyn

Probable cause hearing related to application for court-ordered mental health services, "presiding judge" who may appoint master for is judge of court in which application is pending|Presiding judge

JC-0359
John Cornyn

Stated maturity date|Public funds investment pool, whether maximum average dollar-weighted maturity of pool may be calculated using floating rate securities' reset date as opposed to their stated maturity date

JC-0364
John Cornyn

Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction|Prosecutor's fee for which county may charge responsible county in mental-health proceeding under section 571.018(c) of Health and Safety Code encompasses costs of preparing documents; county may not bill separate, additional "document preparation" fee|Prosecutor's fee charged to county responsible for costs of mental-health proceeding, county in which mental-health hospital is located may not charge "document preparation fee" in addition to|Jurisdiction of mental-health proceeding involving patient receiving treatment in one county when detention or application proceedings originated in another county|Mental-health proceeding concerning patient in mental-health hospital in one county when another county is responsible for proceeding costs, responsible county may not be billed for document preparation fee in addition to prosecutor's fee|Attorney's fee|Prosecutor's fee

JC-0369
John Cornyn

Bona fide employees association|An "employees association" is not synonymous with a labor organization|Payroll deductions for membership dues to employees associations, employees not entitled to|Payroll deductions for membership dues to employees associations, authority to restrict

JC-0373
John Cornyn

Validation of unconstitutional statute may be accomplished by adoption of constitutional provision that expressly or impliedly validates it or by reenactment of statute after constitution has been amended to authorize such legislation|Captured market value|Tax increment financing under Urban Renewal Law may be implemented by municipality only with the approval of the voters|Taxable value of property in school district as determined by Comptroller's study does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Taxable value of property in school district as determined by comptroller does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Urban Renewal Law's tax increment financing provisions were unconstitutional when adopted in 1977 but validated by reenactment in 1987

JC-0376
John Cornyn

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

JC-0378
John Cornyn

Open-enrollment charter school, members of board of nonprofit corporation that operates and of board that governs school are not subject to statute prohibiting nepotism|Open-enrollment charter school, directors of nonprofit corporation that operate, and of school governing board are not subject to statute prohibiting nepotism|Local governmental entity|Open-enrollment charter school, members of board of nonprofit corporation that operates are not subject to statute that regulates local public officers' conflicts of interest or statute that prohibits nepotism|Open-enrollment charter school operated by nonprofit corporation, members of board that operates open-enrollment charter school and members of school governing board are not subject to statute regulating local public officers' conflicts of interest

JC-0379
John Cornyn

Acupuncture, administration of "energy flow exercise" is not within statutory definition of the practice of acupuncture|Energy flow exercise|Spinal manipulation

JC-0381
John Cornyn

Professional title, the term "Optometric Glaucoma Specialist" may not be used exclusively as a|Optometric Glaucoma Specialist

JC-0384
John Cornyn

General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than at|Term of office to which elected, regardless of recognition of United States Census of Population a "joint clerk" who performs duties of both district clerk and county clerk is entitled to complete|Office of "joint clerk" who performs duties of both district clerk and county clerk, such office is to be separated, should census figures require it, at expiration of term of office to which incumbent was elected rather than on date United States Census |Joint clerk

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-0410
John Cornyn

Allowable operating expenses are not limited to items "attributable to designing a 9-1-1 system and to all equipment and personnel necessary to establish and operate a public safety answering point and other related answering points" but are limited to it|Include

JC-0415
John Cornyn

Tax exemption under section 11.13 of Tax Code, whether rental of all or part of residence disqualifies residence for|Principal residence|Temporary|Rental of all or part of residence, whether this disqualifies residence for homestead tax exemption under section 11.13 of the Tax Code

JC-0419
John Cornyn

Owner of taxable property, restaurant owner is not a "household user" of water and sewer services, but may be "owner of taxable property" for purposes of section 43.0761 of Local Government Code requiring water district which did not provide services to p|Owner of taxable property|Household user

JC-0420
John Cornyn

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

JC-0421
John Cornyn

Veterinarian may not refuse to return animal to owner upon demand, even in absence of payment of accrued charges|Veterinarian obligated to continue medical treatment for animal in his custody, but may recover from owner charges incurred|Veterinarian who has complied with notice requirements of section 801.357, Occupations Code, may after 12 days dispose of animal in custody|Medical treatment, veterinarian obligated to continue treatment for animal in custody, but may recover from owner charges incurred|Notice requirements of section 801.357 of Occupations Code, veterinarian who has complied with may after 12 days dispose of animal in custody|Payment of accrued charges, veterinarian may not refuse to return animal to owner on demand, even in the absence of|Abandoned animal

JC-0422
John Cornyn

Provisional autopsy report|Justice of the Peace, Act does not apply to records maintained by|Provisional autopsy report prepared in connection with inquest by justice of the peace is open to public inspection

JC-0425
John Cornyn

Project|Endeavor|Development regulations, property for which original application for first permit has been filed remains subject to those in effect at time of filing unless project changes, without regard to whether property is sold during project

JC-0434
John Cornyn

Nonindigent medical care, hospital district contract payments to private hospital organization for|Actual costs|Nonindigent medical care, contract payments to private hospital organization for

JC-0441
John Cornyn

Regulation defining foot to include tibia and fibula is inconsistent with statutory definition of podiatry and was beyond Board's authority to adopt|Fibula|Foot|Tibia|Podiatry limited to treatment of medical conditions originating in human foot, which does not include tibia or fibula

JC-0442
John Cornyn

Retirement|Continuous-employment|Retirement from full-time position as certified teacher with school district breaks employment relationship such that individual may not take advantage of continuous-employment exception to statutory prohibition on nepotistic hiring by school district|Nepotistic hiring, retirement from full-time position as certified teacher with school district breaks employment relationship such that individual may not take advantage of continuous-employment exception to statutory prohibition

JC-0448
John Cornyn

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

JC-0449
John Cornyn

Bingo occasion|Gambling device|Game of chance|Video poker during bingo occasion, Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play|Video poker during bingo occasion, Lottery Commission's authority to disapprove software on electronic bingo card-minding device allowing player to play

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

JC-0470
John Cornyn

Vocational rehabilitation services, defined as services Commission determines are necessary to compensate blind individual so that individual may engage in remunerative occupation, Commission is charged to provide|Vocational rehabilitation|Vocational rehabilitation services|Rehabilitation training|Vocational rehabilitation services, defined as services Commission for the Blind determines are necessary to compensate blind individual so that individual may engage in remunerative occupation, Commission for the Blind is charged to provide

JC-0471
John Cornyn

Salary grievance hearing, elected officer is entitled to have five days after actually receiving written notice of approved salary and personal expenses|Notice of approved salary and personal expenses, county commissioners court is not precluded from faxing to elected officers as a matter of law|Faxing written notice of approved salary and personal expenses to elected officer, commissioners court is not precluded as matter of law from|Fax|Written

JC-0475
John Cornyn

Activities in measuring land are not "surveying" within enabling act, no authority to regulate persons whose|Plats of oil well locations filed pursuant to commission rule need not be prepared by registered professional surveyor|Surveying|Plat

JC-0484
John Cornyn

Grant to Council member is subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member|Conflict of interest, grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member|Nonprofit corporation|Grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing member

JC-0493
John Cornyn

Air Control Act, construction of provisions regarding notice of intent under the Act to apply for permit to relocate portable facility and regarding exemption of existing concrete crushing facility from statutory limits on location|Unambiguous statutory language in amendment to Air Control Act will be construed according to plain meaning because result is not absurd|Existing

JC-0495
John Cornyn

Attorney's fees in action to revoke nursing home's license, State Office of Administrative Hearings has no authority to order Department of Human Services to pay|Attorney's fees, the State Office of Administrative Hearings has no authority to require Department to pay in action to revoke nursing home's license|Attorney's fees, State Office of Administrative Hearings has no authority to order Department of Human Services to pay in action to revoke nursing home's license|Expenses of discovery|Include

JC-0505
John Cornyn

Casket|Funeral directing|Funeral merchandise|Casket constitutes funeral merchandise|Casket, sale of for imminent burial does not of itself constitute funeral directing

JC-0514
John Cornyn

Permanent peace officer's license, consequences of constable's failure to provide evidence on or before 270-days of taking office|Peace officer|Constable's failure to provide evidence of permanent peace officer's license on or before 270-days of taking office, commissioners court's role in

JC-0517
John Cornyn

Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements for|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department of Transportation must issue permit to applicant to operate|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operate|May

JC-0518
John Cornyn

Consistent|Consolidated|Same legislative session, multiple amendments to same statute adopted during should be harmonized if possible|Extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to plats and subdivisions of land" within municipality's that combines municipal and county regulations and that eliminates conflicts between them|Plats and subdivisions of land within municipality's extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to" that combines municipal and county regulations and that eliminates conflicts between them

JC-0520
John Cornyn

Dormitory or hotel, resident of may be Texas domiciliary for purpose of obtaining commercial driver's license|Domicile|Dormitory or hotel, Department may not conclusively presume resident of is not Texas domiciliary

JC-0525
John Cornyn

Employee classified as an "engineer" in a private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title "engineer" or other similar term designating that such person is an "engineer" on business cards, cover |Employee classified as an "engineer" in private corporation but not licensed under Texas Engineering Practice Act, such person may not use the title of "engineer" or other similar term designating that such person is an "engineer" on business cards, cover|Use of the title of "engineer," Board is authorized to regulate and restrict|Engineer|In-house|Title

JC-0528
John Cornyn

Legal fees|Pay|Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorney

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

JC-0543
John Cornyn

County court judges' salaries, county that begins collecting fees and costs under section 51.702(i) of the Government Code after July 1 need not increase on September 1 under section 25.0005(a) of the Government Code|Salaries in counties that collect fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must be "set" at increased level under section 25.0005(a)|Salaries for statutory county court judges, county that collects fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must "set" at increased level under section 25.0005(a)|Set

JC-0551
John Cornyn

Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, which authorizes municipality to restrict certain vehicles to particular highway lanes, means precisely two and may not be construed to mean "two or more"|Two|Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, means precisely two and may not be construed to mean "two or more"

JC-0558
John Cornyn

Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding|Merit raise for city commissioner's sibling, whether city commissioner may participate in deliberation regarding and whether other city commissioners may vote for|Deliberation

JC-0575
John Cornyn

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

JC-0577
John Cornyn

University professor may serve on governing board of local governmental district, but may not receive salary|Schoolteacher

JC-0579
John Cornyn

Grand jury hearing is "criminal proceeding" for purposes of statute requiring properly trained interpreters for non-English speaking or deaf or hearing-impaired witnesses|Criminal proceeding

JC-0585
John Cornyn

Water district board member subject to section 49.058 of the Water Code must comply with statutory conflict-of-interest provisions if her son is employed by company that operates district's water and wastewater system|Disqualified, member of water district board is not disqualified if member's son is employed by corporate entity that contracts with district|Water district board member subject to section 49.052 of the Water Code is not disqualified if member's son is employed by corporate entity that contracts with district|Person

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.