Ken Paxton

Scope of Tex. Educ. Code § 11.067

Interpretation of “health care provider” under Tex. Health & Safety Code § 161.701(2) and associated issues

Interpretation and application of certain immunization exclusions and exceptions under Education Code sections 38.001 and 51.933

Revenue from phone cards sales derived from the exercise of inmate telephone privileges provided under the Texas Commission on Jail Standards’ rule concerning inmate telephone plans must be deposited in the county’s general fund. Revenue derived from the purchase of phone cards as a jail commissary item, bearing no correlation to the provision of inmate telephone privileges, are commissary funds under the exclusive control of the sheriff.

Based on the plain text of Family Code subsection 157.318(a), child support liens on accounts with financial institutions have no uniform ending date but continue until all current support and arrearages (including interests, costs, and fees) are paid or the lien is otherwise released pursuant to Chapter 157 of the Family Code.

Local Government Code section 351.0415 authorizes the sheriff or the sheriff’s designee to use commissary proceeds only for the enumerated statutory purposes. To the extent the county commissioners’ court would be using the commissary proceeds for the salary of a particular county employee who will staff a county jail operated by a private vendor, such an expenditure would not be permissible under section 351.0415.

A commissioners court has authority to delegate to any appropriate county official a function that is not a core duty of another county official. To the extent the duties of the contract and procurement specialist position are not core duties of the Aransas County Attorney’s Office, the position and its associated funding may be transferred from the County Attorney to another appropriate county office.

A county commissioners court does not possess authority to enact an order penalizing a dog owner for a “public nuisance” due to the dog’s excessive barking where, as here, no statute confers such authority to the commissioners court.

The Texas Supreme Court has authority under Government Code section 74.024 to order county and district clerks to integrate their case management systems with re:SearchTX, the Court’s approved electronic filing system. The Court’s order is also within the scope of the judicial power to implement rules for efficient and uniform administration of the various courts; thus, it does not violate the separation of powers between the judicial and legislative branches.

Transportation Code requirements for a “junked vehicle” to constitute a public nuisance