Opinion No. MW-296

Peyton McKnight Attorney General of Texas — Opinion. March 5, 1981 MARK WHITE, Attorney General of Texas Honorable Peyton McKnight Chairman Subcommittee on Nominations Senate of the State of Texas Austin, Texas 78711 Re: Whether negotiation of contract terms prior to acceptance of bid violated article 2368a, V.T.C.S. Dear Senator McKnight: Early in 1980, the […]

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Opinion No. JM-830

Henry B. Keene and Vernon M. Arrell Attorney General of Texas — Opinion. December 3, 1987 JIM MATTOX, Attorney General of Texas Mr. Henry B. Keene Chairman Board of Pardons and Paroles P. O. Box 13401 Austin, Texas 78711 Mr. Vernon M. Arrell Commissioner Texas Rehabilitation Commission 118 E. Riverside Drive Austin, Texas 78704 Re: […]

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Opinion No. MW-6

Oscar H. Mauzy Attorney General of Texas — Opinion. March 21, 1979 MARK WHITE, Attorney General of Texas Honorable Oscar H. Mauzy Senate Education Committee Senate Chamber Austin, Texas 78711 Re: Whether the Texas Education Agency has a responsibility to issue preliminary teaching certificates or paraprofessional teaching certificates under section 11.17 of the Education Code. […]

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Opinion No. DM-187

Marcus D. Taylor Attorney General of Texas — Opinion. December 10, 1992 DAN MORALES, Attorney General of Texas Honorable Marcus D. Taylor Criminal District Attorney Wood County P. O. Box 689 Quitman, Texas 75783 Re: Whether property seized by the state pursuant to the Code of Criminal Procedure, chapter 59, is exempt from property taxes […]

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Opinion No. JM-770

Joe L. Price Attorney General of Texas — Opinion. August 17, 1987 JIM MATTOX, Attorney General of Texas Honorable Joe L. Price District Attorney P.O. Box 508 Groveton, Texas 75845 Re: Authority of a commissioners court to place restrictions upon payment of a constable’s salary and office expenses Dear Mr. Price: You ask several questions […]

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Opinion No. DM-119

Jack E. Crump Attorney General of Texas — Opinion. May 12, 1992 DAN MORALES, Attorney General of Texas Mr. Jack E. Crump Executive Director Commission on Jail Standards P. O. Box 12985 Austin, Texas 78711 Re: Authority of the Commission on Jail Standards to promulgate rules regarding the temporary emergency housing of county inmates, and […]

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Opinion No. JM-329

Lloyd Criss Attorney General of Texas — Opinion. July 1, 1985 JIM MATTOX, Attorney General of Texas Honorable Lloyd Criss Chairman Committee on Labor and Employment Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Authority of a city to establish prevailing wage rates under article 5159a, V.T.C.S. Dear Representative Criss: You […]

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Opinion No. MW-233

Fred Toler Attorney General of Texas — Opinion. September 5, 1980 MARK WHITE, Attorney General of Texas Honorable Fred Toler Executive Director Texas Commission on Law Enforcement Officer Stds. Educ. 220-E Twin Towers Office Building 1106 Clayton Lane Austin, Texas 78723 Re: Scope of article 4413(29aa) exception for sheriffs Dear Mr. Toler: Attorney General Opinion […]

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Opinion No. GA-0188

TIM CURRY Attorney General of Texas — Opinion. May 12, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Tim Curry Tarrant County Criminal District Attorney 1025 South Jennings, Suite 300 Fort Worth, Texas 76104 Re: Whether the Tarrant County Hospital District may expend funds to establish a self-insurance program providing liability coverage for JPS […]

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Opinion No. GA-0230

BRYAN GOERTZ Attorney General of Texas — Opinion. August 9, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Bryan Goertz Bastrop County Criminal District Attorney 804 Pecan Street Bastrop, Texas 78602 Re: Determining the applicable deadline for a municipality and a county to complete their certified subdivision regulation agreement as required in section 242.0015, […]

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Opinion No. JM-443

Brad Wright Attorney General of Texas — Opinion. February 21, 1986 JIM MATTOX, Attorney General of Texas Honorable Brad Wright Chairman Committee on Public Health Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether it is unconstitutional to impose the $3 court cost set out in article 8309-1, section 14(b), V.T.C.S., on […]

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Opinion No. GA-0465

CHRIS TAYLOR Attorney General of Texas — Opinion. September 25, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Chris Taylor Tom Green County Attorney 122 West Harris Avenue San Angelo, Texas 76903 Re: Whether a county jailer who is a certified peace officer is required to obtain a commission from the Texas Commission on […]

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Opinion No. DM-173

Mary Sapp Attorney General of Texas — Opinion. September 29, 1992 DAN MORALES, Attorney General of Texas Ms. Mary Sapp Executive Director Texas Department on Aging P. O. Box 12786 Austin, Texas 78711 Re: Whether the Human Resources Code section 101.063 provides immunity to volunteer ombudsmen in the Texas Department of Aging long-term care ombudsman […]

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Opinion No. GA-0803

FRANK J. CORTE JR Attorney General of Texas — Opinion September 24, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Frank J. Corte Jr. Chair, Committee on Defense and Veterans’ Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a facility must have a license to perform medical abortions, […]

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Opinion No. GA-0166

JOE WARNER BELL Attorney General of Texas — Opinion. March 15, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Joe Warner Bell Trinity County Attorney P.O. Box 979 Groveton, Texas 75845 Re: City council’s authority to prohibit the use of the municipal jail as a holding facility for persons arrested by deputy constables for […]

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Opinion No. GA-0047

WILLIAM M. JENNINGS Attorney General of Texas — Opinion. March 27, 2003 GREG ABBOTT, Attorney General of Texas The Honorable William M. Jennings Gregg County Criminal District Attorney 101 East Methvin Street, Suite 333 Longview, Texas 75601 Re: Whether a municipal risk pool established under chapter 172 of the Local Government Code is subject to […]

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Opinion No. JC-0338

Jim Solis Attorney General of Texas — Opinion. February 12, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jim Solis Chair, Committee on Economic Development Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether an Economic Development Board may vote […]

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Opinion No. MW-39

Richard G. Morales, Sr. Attorney General of Texas — Opinion. August 6, 1979 MARK WHITE, Attorney General of Texas Honorable Richard G. Morales, Sr. County Attorney of Webb County 1810 San Bernardo Laredo, Texas 78040 Re: Whether a person may be Director of Operations of a CETA program administered by the county and also serve […]

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Opinion No. JC-0132

Ron Wilson Attorney General of Texas — Opinion. October 22, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Ron Wilson Chair, Licensing and Administrative Procedures Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether state officers and employees may […]

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Opinion No. JM-1052

D.C. (Jim) Dozier Attorney General of Texas — Opinion. June 2, 1989 JIM MATTOX, Attorney General of Texas Honorable D.C. (Jim) Dozier Montgomery County Attorney Courthouse Conroe, Texas 77301 Re: Responsibilities of the Montgomery County Hospital District with regard to indigent health care (RQ-1625) Dear Mr. Dozier: You ask a number of questions about article […]

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Opinion No. GA-0103

FRANK J. CORTE, JR Attorney General of Texas — Opinion. September 23, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Frank J. Corte, Jr. Chair, Committee on Defense Affairs State-Federal Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the legislature may authorize the state to operate video lottery terminals […]

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Opinion No. MW-105

Ron Jackson Attorney General of Texas — Opinion. December 19, 1979 MARK WHITE, Attorney General of Texas Honorable Ron Jackson Texas Youth Council 8900 Shoal Creek Boulevard Austin, Texas 78766 Re: Whether the Texas Youth Council may provide medical services to its wards without parental consent. Dear Mr. Jackson: You have asked several questions concerning […]

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Opinion No. JM-686

Hugh Parmer Attorney General of Texas — Opinion. April 30, 1987 JIM MATTOX, Attorney General of Texas Honorable Hugh Parmer Chairman Committee on Intergovernmental Relations Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the mayor or city manager of a home-rule city is authorized to appoint and remove a public housing authority […]

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Opinion No. DM-108

Jack Skeen, Jr. Attorney General of Texas — Opinion. April 20, 1992 DAN MORALES, Attorney General of Texas Honorable Jack Skeen, Jr. Smith County Criminal District Attorney County Courthouse Tyler, Texas 75702 Re: Whether rule B11(c) of the Rules and Regulations of the Smith County Bail Bond Board which prohibits an original bail bond applicant […]

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Opinion No. DM-138

Rene Guerra Attorney General of Texas — Opinion. July 8, 1992 DAN MORALES, Attorney General of Texas Honorable Rene Guerra Criminal District Attorney Hidalgo County Courthouse Edinburg, Texas 78539 Re: Whether the Edinburg Hospital Authority may pay physicians a flat fee or per diem to be on call to admit emergency room patients to the […]

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Opinion No. JC-0445

David Cain Attorney General of Texas — Opinion. December 20, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable David Cain Chairman Senate Committee on Administration Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the Texas Department of Health has exceeded […]

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Opinion No. H-1321

Richard D. Latham Attorney General of Texas — Opinion. December 29, 1978 JOHN L. HILL, Attorney General of Texas Honorable Richard D. Latham Securities Commissioner State Securities Board 709 Lyndon Baines Johnson Building Austin, Texas 78711 Re: Whether an amendment of a limited partnership certificate requires unanimous approval of all partners. Dear Commissioner Latham: Attorney […]

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Opinion No. JM-765

Rolando J. Menchaca Attorney General of Texas — Opinion. August 10, 1987 JIM MATTOX, Attorney General of Texas Honorable Rolando J. Menchaca Maverick County Attorney P.O. Box 3041 Eagle Pass, Texas 78853 Re: Whether a sheriff may prohibit county peace officers from carrying weapons into commercial establishments that serve alcoholic beverages Dear Mr. Menchaca: You […]

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Opinion No. JM-516

Carlos Valdez Attorney General of Texas — Opinion. July 11, 1986 JIM MATTOX, Attorney General of Texas Honorable Carlos Valdez Nueces County Attorney Courthouse, Room 206 Corpus Christi, Texas 78401 Re: Validity of a contract between Nueces County and an economic development corporation Dear Mr. Valdez: You have requested an opinion on the following question: […]

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Opinion No. H-1006

Tom Curtis Attorney General of Texas — Opinion. June 1, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Tom Curtis District Attorney 47th Judicial District Amarillo, Texas Re: Representation of the state in county court when the county attorney is disqualified. Dear Mr. Curtis: You have requested our opinion regarding the procedure to […]

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Opinion No. H-974

Gibson Gayle, Jr. Attorney General of Texas — Opinion. April 7, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Gibson Gayle, Jr. President State Bar of Texas Austin, Texas 78701 Re: Whether non-lawyers may represent corporations and individuals at administrative hearings of state boards and agencies. Dear Mr. Gayle: You have requested our […]

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Opinion No. MW-562

Oscar Reeder Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Mr. Oscar Reeder Chairman Texas State Board of Public Accountancy 3301 Northland Drive Suite 600 Austin, Texas 78731 Re: Construction of section 4(g) of article 41a-1, V.T.C.S. concerning attendance and vacancies of board members Dear Mr. Reeder: You […]

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Opinion No. DM-316

Garry Mauro Attorney General of Texas — Opinion. January 13, 1995 DAN MORALES, Attorney General of Texas Honorable Garry Mauro Commissioner General Land Office 1700 North Congress Avenue Austin, Texas 78701-1495 Re: Whether the state may enter into contracts to pay consideration for information about property recoverable by the permanent school fund under section 403.0195 […]

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Opinion No. GA-0067

DAVID AKEN Attorney General of Texas — Opinion. May 5, 2003 GREG ABBOTT, Attorney General of Texas The Honorable David Aken County Attorney San Patricio County Courthouse Room 102 Sinton, Texas 78387 Re: Authority of a municipal judge to examine the state’s witnesses if the state is not represented by counsel when the case is […]

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Opinion No. MW-539

John W. Shocklee Attorney General of Texas — Opinion. December 22, 1982 MARK WHITE, Attorney General of Texas Mr. John W. Shocklee Executive Secretary State Board of Morticians 1513 S. Interstate 35 Austin, Texas 78741 Re: Cost itemization of funeral services and merchandise pursuant to section 3H(23) of article 4582b, V.T.C.S. Dear Mr. Shocklee: You […]

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Opinion No. JM-304

Carlos D. Godinez, M.D. Attorney General of Texas — Opinion. March 27, 1985 JIM MATTOX, Attorney General of Texas Carlos D. Godinez, M.D. President Texas State Board of Medical Examiners P.O. Box 13562, Capitol Station Austin, Texas 78711 Re: Whether section 5.09(a) of article 4495b, V.T.C.S., authorizes a physician to collect reimbursement for drugs supplied […]

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Opinion No. JC-0074

Irma Rangel Attorney General of Texas — Opinion. July 6, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Irma Rangel Chair, Committee on Higher Education Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 The Honorable Delma Rios Kleberg County Attorney P.O. […]

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Opinion No. JM-388

Vernon M. Arrell Attorney General of Texas — Opinion. December 2, 1985 JIM MATTOX, Attorney General of Texas Mr. Vernon M. Arrell Commissioner Texas Rehabilitation Commission 118 E. Riverside Drive Austin, Texas 78704 Re: Whether a client of the Texas Rehabilitation Commission is ineligible for benefits under the Hinson-Hazelwood Act, section 54.203 of the Texas […]

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Opinion No. GA-0244

DAVID M. MOTLEY Attorney General of Texas — Opinion. September 1, 2004 GREG ABBOTT, Attorney General of Texas The Honorable David M. Motley Kerr County Attorney County Courthouse, Suite BA-103 700 Main Street Kerrville, Texas 78028 Re: Whether the judge of the Kerr County constitutional county court must hear certain matters at the Kerrville State […]

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Opinion No. MW-96

John J. Kavanagh Attorney General of Texas — Opinion. December 11, 1979 MARK WHITE, Attorney General of Texas Honorable John J. Kavanagh, M.D. Commissioner Texas Department of Mental Health and Mental Retardation Box 12668 Capitol Station Austin, Texas 78711 Re: Whether facilities of the Department of Mental Health and Mental Retardation are authorized to pay […]

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Opinion No. GA-0551

R. LOWELL THOMPSON Attorney General of Texas — Opinion June 13, 2007. Page 1 GREG ABBOTT, Attorney General of Texas. The Honorable R. Lowell Thompson Navarro County Criminal District Attorney 300 West 3rd Avenue, Suite 203 Re: Whether a justice of the peace may continue to administer polygraph examinations, for the Corsicana, Texas 75110 criminal […]

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Opinion No. H-988

Gerald W. Schmidt Attorney General of Texas — Opinion. May 10, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Gerald W. Schmidt County Attorney of Gillespie County Fredericksburg, Texas 78624 Re: Retroactive claim of the agricultural use property tax exemption. Dear Mr. Schmidt: You have requested our opinion concerning the authority of a […]

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Opinion No. MW-138

Joseph N. Murphy, Jr. Attorney General of Texas — Opinion. February 5, 1980 MARK WHITE, Attorney General of Texas Honorable Joseph N. Murphy, Jr. Executive Director Employees Retirement System of Texas P. O. Box 13207, Capitol Station Austin, Texas 78711 Re: Whether reemployment by the state of a retired state employee entitles him to resume […]

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Opinion No. JC-0034

Raymie Kana Attorney General of Texas — Opinion. April 14, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Raymie Kana Colorado County Auditor Courthouse, Third Floor Columbus, Texas 78934 Re: Authority of county attorney to provide legal services to commissioners court, and related […]

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Opinion No. JM-655

Kenneth H. Ashworth Attorney General of Texas — Opinion. March 25, 1987 JIM MATTOX, Attorney General of Texas Mr. Kenneth H. Ashworth Commissioner Coordinating Board Texas College and University System P.O. Box 12788 Austin, Texas 78711 Re: Whether a county that assesses and collects taxes for a community college district may add a 2% fee […]

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Opinion No. DM-112

Ron Lewis Attorney General of Texas — Opinion. April 20, 1992 DAN MORALES, Attorney General of Texas Honorable Ron Lewis Chairman Natural Resources Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: The Legality of “casino night” fundraising by nonprofit organizations (RQ-284) Dear Representative Lewis: You ask about the legality, under […]

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Opinion No. GA-0582

GEOFFREY I. BARR Attorney General of Texas — Opinion November 27, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Geoffrey I. Barr Comal County Criminal District Attorney 150 North Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Re: Whether a county judge may issue a single mass gathering permit for multiple events (RQ-0592-GA) Dear […]

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Opinion No. JM-599

Pablo Avila Attorney General of Texas — Opinion. December 29, 1986 JIM MATTOX, Attorney General of Texas Honorable Pablo Avila Zavala County Attorney Zavala County Courthouse Crystal City, Texas 78839 Re: Validity of Zavala County personnel policy concerning salary of new employees Dear Mr. Avila: You request advice on a provision of the 1984 Zavala […]

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Opinion No. DM-189

Todd K. Brown Attorney General of Texas — Opinion. December 15, 1992 DAN MORALES, Attorney General of Texas Mr. Todd K. Brown Executive Director Texas Workers’ Compensation Commission Southfield Bldg., 4000 South IH-35 Austin, Texas 78704 Re: Whether the former workers’ compensation laws authorize the Industrial Accident Board or its successor to pay for the […]

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Opinion No. JC-0315

C. Tom Clowe, Jr. Attorney General of Texas — Opinion. December 15, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. C. Tom Clowe, Jr. Chair Texas Lottery Commission P.O. Box 16630 Austin, Texas 78761-6630 Re: Whether the Texas Lottery Commission may count a lottery […]

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Opinion No. JM-429

Bruce Hineman Attorney General of Texas — Opinion. February 21, 1986 JIM MATTOX, Attorney General of Texas Mr. Bruce Hineman Executive Secretary Teacher Retirement System of Texas 1001 Trinity Street Austin, Texas 78701 Re: Whether section 35.4041, Title 110B, V.T.C.S., requires a school district to pay state retirement contributions on all compensation paid by the […]

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Opinion No. H-1077

Henry Wade Attorney General of Texas — Opinion. October 25, 1977 JOHN L. HILL, Attorney General of Texas Honorable Henry Wade District Attorney 6th Floor, Records Building Dallas, Texas 75202 Re: Payment by Dallas County of bond premiums for reserve deputy sheriffs and reserve deputy constables. Dear Mr. Wade: You ask: Can Dallas County legally […]

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Opinion No. JC-0226

Jane Nelson Attorney General of Texas — Opinion. May 26, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jane Nelson Chair, Committee on Health Services Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether “compelling state interest” analysis applies to a […]

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Opinion No. MW-70

Charles D. Travis Attorney General of Texas — Opinion. October 16, 1979 MARK WHITE, Attorney General of Texas Honorable Charles D. Travis Executive Director Texas Parks Wildlife Department 4200 Smith School Road Austin, Texas 78744 C. Robert Heath Chairman Re: Whether the state may contract to operate and maintain for an indefinite period recreational facilities […]

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Opinion No. GA-0546

DENNIS BONNEN Attorney General of Texas — Opinion May 10, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Dennis Bonnen Chair, Committee on Environmental Regulation Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the Angleton-Danbury Hospital District of Brazoria County is authorized to house a private imaging business in […]

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Opinion No. GA-0122

ANTONIO R. SANDOVAL Attorney General of Texas — Opinion. November 18, 2003 GREG ABBOTT, Attorney General of Texas Mr. Antonio R. Sandoval Hidalgo County Auditor P.O. Box 689 Edinburg, Texas 78540-0689 Re: District attorney’s obligations as administrator of forfeited real property (RQ-0059-GA) Dear Mr. Sandoval: You ask several questions about a district attorney’sresponsibilities to administer […]

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Opinion No. H-1018

Henry Wade Attorney General of Texas — Opinion. June 22, 1977 JOHN L. HILL, Attorney General of Texas Honorable Henry Wade District Attorney 6th Floor, Records Building Dallas, Texas 75202 Re: Whether Dallas County may maintain city streets. Dear Mr. Wade: You have requested our opinion regarding the authority of Dallas County to construct and […]

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Opinion No. JC-0569

JEFF WENTWORTH Attorney General of Texas — Opinion. October 31, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jeff Wentworth Chair, Committee on Redistricting Texas State Senate P.O. Box 12068 Austin, Texas 78711 The Honorable Edmund Kuempel Chair, Committee on State Recreational Resources […]

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Opinion No. JC-0258

Florence Shapiro Attorney General of Texas — Opinion. July 18, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Florence Shapiro Chair, Committee on State Affairs Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Authority of a peace officer to detain a […]

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Opinion No. GA-0134

BEN W. “BUD” CHILDERS Attorney General of Texas — Opinion. January 13, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Ben W. “Bud” Childers Fort Bend County Attorney 301 Jackson Street, Suite 728 Richmond, Texas 77469-3108 Re: Whether a tax abatement agreement entered into under the Property Redevelopment and Tax Abatement Act, chapter 312, […]

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Opinion No. MW-576

E. D. Walker Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Mr. E. D. Walker Office of the Chancellor University of Texas System 601 Colorado Street Austin, Texas 78701 Re: Whether tuition income generated by certain branches of the University of Texas may be retained locally Dear Mr. […]

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Opinion No. GA-0514

ROYCE WEST Attorney General of Texas — Opinion February 9, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Royce West Chair, Committee on Intergovernmental Relations Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether a city may designate as a reinvestment zone under Tax Code section 311.005(a)(5) an area that is […]

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Opinion No. DM-453

Steven D. Wolens and Senfronia Thompson Attorney General of Texas — Opinion. November 7, 1997 DAN MORALES, Attorney General of Texas The Honorable Steven D. Wolens Chair, State Affairs Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 The Honorable Senfronia Thompson Chair, Judiciary Committee Texas House of Representatives P.O. Box 2910 Austin, […]

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Opinion No. DM-201

Bob Bullock Attorney General of Texas — Opinion. January 28, 1993 DAN MORALES, Attorney General of Texas Honorable Bob Bullock Lieutenant Governor of Texas P.O. Box 12068 Austin, Texas 78711-2068 Re: Authority of the Texas Department of Health to enact rules regarding nursing facilities (RQ-465) Dear Governor Bullock: You have asked us whether the Texas […]

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Opinion No. MW-311

John J. Kavanagh, M.D. Attorney General of Texas — Opinion. March 23, 1981 MARK WHITE, Attorney General of Texas Honorable John J. Kavanagh, M.D. Commissioner Texas Department of Mental Health and Mental Retardation P. O. Box 12668 Austin, Texas 78711 Re: Overtime compensation for employee of the Department of MH/MR who holds a full-time and […]

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Opinion No. JC-0563

ALICIA KEY Attorney General of Texas — Opinion. October 14, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Alicia Key Administrative Director Office of Court Administration 205 West 14th Street, Suite 600 Austin, Texas 78711-2066 Re: Constitutionality of statute authorizing the Texas Commission on […]

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Opinion No. JC-0246

Charles D. Penick Attorney General of Texas — Opinion. July 7, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Charles D. Penick Criminal District Attorney Bastrop County 804 Pecan Street Bastrop, Texas 78602 Re: Amount of credit for time served in a county […]

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Opinion No. GA-0761

VICTOR T. VANDERGRIFF Attorney General of Texas — Opinion March 15, 2010. GREG ABBOTT, Attorney General of Texas Mr. Victor T. Vandergriff, Chair Texas Department of Motor Vehicles 4000 Jackson Avenue, Building I Austin, Texas 78731 Re: Authority of a magistrate to award ownership or title of a motor vehicle under chapter 47, Code of […]

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Opinion No. GA-0040

JOE DRIVER Attorney General of Texas — Opinion. March 17, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Joe Driver Chair, House Committee on Law Enforcement Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Texas Department of Insurance is authorized to enforce certain provisions of the Health Maintenance Organization […]

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Opinion No. H-1278

Joe Resweber Attorney General of Texas — Opinion. December 12, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston Houston, Texas 77002 Re: May Harris County require storm sewers to be designed with capacity to drain county road used as outlet? Dear Mr. Resweber: You ask the following […]

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Opinion No. GA-0678

Mr. ROBERT SCOTT Attorney General of Texas — Opinion November 3, 2008. GREG ABBOTT, Attorney General of Texas Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether Spring Branch Independent School District’s pre-kindergarten programs run in collaboration with a Head Start agency are exempt from licensing […]

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Opinion No. JM-137

Rita Horwitz Attorney General of Texas — Opinion. March 15, 1984 JIM MATTOX, Attorney General of Texas Ms. Rita Horwitz Executive Director State Pension Review Board P. O. Box 13498 Austin, Texas, 78711 Re: Whether a hospital authority must register with the State Pension Review Board Dear Ms. Horwitz: Chapter 12 of title 110B, V.T.C.S., […]

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Opinion No. MW-492

Charles D. Travis Attorney General of Texas — Opinion. July 9, 1982 MARK WHITE, Attorney General of Texas Mr. Charles D. Travis Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Disposition of fines collected pursuant to sections 26.212 and 26.213 of of the Texas Water Code Dear Mr. […]

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Opinion No. JM-1113

Bill Turner Attorney General of Texas — Opinion. November 9, 1989 JIM MATTOX, Attorney General of Texas Honorable Bill Turner District Attorney 300 E. 26th Street, Suite 310 Brazos County Courthouse Bryan, Texas 77803 Re: Whether a county may make a pay raise retroactive to time when funds were budgeted for pay raises. (RQ-1722) Dear […]

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Opinion No. JM-1241

Mike Driscoll Attorney General of Texas — Opinion. November 8, 1990 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Authority of a county to trim, remove, or sell trees from county road rights-of-way (RQ-1970) Dear Mr. Driscoll: You ask three questions regarding Harris […]

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Opinion No. H-1235

Thomas T. League Attorney General of Texas — Opinion. August 31, 1978 JOHN L. HILL, Attorney General of Texas Mr. Thomas T. League County Auditor Smith County Tyler, Texas Re: Whether article 7044a, V.T.C.S., requiring the tax rate to be set on or before July 20 applies to counties. Dear Mr. League: You have asked […]

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Opinion No. JM-214

Homer A. Foerster Attorney General of Texas — Opinion. October 23, 1984 JIM MATTOX, Attorney General of Texas Mr. Homer A. Foerster Executive Director State Purchasing and General Services Commission L.B.J. State Office Building P.O. Box 13047, Capitol Station Austin, Texas 78711 Re: Whether the State Purchasing and General Services Commission may use excess funds […]

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Opinion No. H-1029

Joe Resweber Attorney General of Texas — Opinion. July 28, 1977 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber County Attorney Harris County Courthouse Houston, Texas 77002 Re: Authority of local peace officers to arrest illegal aliens without a warrant. Dear Mr. Resweber: You have asked our opinion whether a Texas peace officer […]

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Opinion No. GA-0240

RODNEY ELLIS Attorney General of Texas — Opinion. August 25, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Rodney Ellis Chair, Committee on Government Organization Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Authority of the Board of Pardons and Paroles to consider applications for pardons based on innocence (RQ-0192-GA) Dear […]

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Opinion No. MW-336

Robert E. Stewart Attorney General of Texas — Opinion. May 8, 1981 MARK WHITE, Attorney General of Texas Honorable Robert E. Stewart Commissioner Department of Banking 2601 North Lamar Austin, Texas 78705 Re: Whether the Department of Banking should approve the release of monies held in a trust account by the trust department of a […]

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Opinion No. DM-122

John Hannah, Jr. Attorney General of Texas — Opinion. June 1, 1992 DAN MORALES, Attorney General of Texas Honorable John Hannah, Jr. Secretary of State of Texas P. O. Box 12697 Austin, Texas 78711-2697 Re: Methods of electing hospital district directors under chapter 286 of the Health and Safety Code (RQ-367) Dear Secretary Hannah: You […]

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Opinion No. GA-0442

JOHN S. HOLLEMAN Attorney General of Texas — Opinion. June 28, 2006. GREG ABBOTT, Attorney General of Texas The Honorable John S. Holleman Polk County Criminal District Attorney Post Office Box 1717 Livingston, Texas 77351 Re: Whether a county auditor who violates Local Government Code section 84.007(b)(2) has committed “official misconduct” and whether a violation […]

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Opinion No. GA-0406

JANE NELSON Attorney General of Texas — Opinion. February 28, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Jane Nelson Chair, Committee on Health and Human Services Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 The Honorable Suzanna Hupp Chair, Committee on Human Services Texas House of Representatives Post Office Box 2910 […]

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Opinion No. JC-0167

Glen Wilson Attorney General of Texas — Opinion. January 12, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Glen Wilson Parker County Attorney One Courthouse Square Weatherford, Texas 76086 Re: Whether the Parker County Commissioners Court is authorized to appoint a purchasing agent […]

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Opinion No. GA-0090

JAMES L. ANDERSON, JR Attorney General of Texas — Opinion. August 20, 2003 GREG ABBOTT, Attorney General of Texas The Honorable James L. Anderson, Jr. Aransas County Attorney 301 North Live Oak Street Rockport, Texas 78382 Re: Whether a county commissioner may lease real property from the county (RQ-0019-GA) Dear Mr. Anderson: You ask several […]

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Opinion No. JC-0397

Russell W. Malm Attorney General of Texas — Opinion. July 11, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Russell W. Malm Midland County Attorney 200 West Wall Street, Suite 104 Midland, Texas 79701 Re: Whether a county may pay the employer’s share […]

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Opinion No. H-939

Joe Resweber Attorney General of Texas — Opinion. February 4, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas 77002 Re: Issuance of marriage licenses to recently divorced parties. Dear Mr. Resweber: You ask two questions about the authority of the county clerk to […]

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Opinion No. JM-192

Patrick H. Simmons Attorney General of Texas — Opinion. August 13, 1984 JIM MATTOX, Attorney General of Texas Honorable Patrick H. Simmons District-County Attorney Limestone County P.O. Box 146 Groesbeck, Texas 76642 Re: Whether salary payments of county employees must be approved monthly by a commissioners court Dear Mr. Simmons: You have asked whether payment […]

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Opinion No. MW-371

John W. Holcombe, DVM Attorney General of Texas — Opinion. September 25, 1981 MARK WHITE, Attorney General of Texas Mr. John W. Holcombe, DVM Executive Director Texas Animal Health Commission Sam Houston State Office Building Austin, Texas 78711 Re: Whether chairman of Texas Animal Health Commission must sign quarantines Dear Mr. Holcombe: Article 7009, V.T.C.S., […]

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Opinion No. JM-956

Willie L. Scott Attorney General of Texas — Opinion. September 26, 1988 JIM MATTOX, Attorney General of Texas Mr. Willie L. Scott Executive Director Texas Department of Community Affairs P.O. Box 13166 Austin, Texas 78711 Re: Use of sick leave by employees who are involuntarily terminated (RQ-1372) Dear Mr. Scott: You describe a situation in […]

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Opinion No. JC-0356

Homero Ramirez Attorney General of Texas — Opinion. March 14, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Homero Ramirez Webb County Attorney P.O. Box 420268 Laredo, Texas 78042-0268 Re: Whether the 406th District Court of Webb County has criminal jurisdiction (RQ-0299-JC) Dear […]

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Opinion No. JM-154

Carl A. Parker Attorney General of Texas — Opinion. May 2, 1984 JIM MATTOX, Attorney General of Texas Honorable Carl A. Parker Chairman Senate Education Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 Re: Whether a private secondary institution may withhold a student’s academic records because of unpaid tuition Dear Senator […]

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Opinion No. GA-0028

CAROLE KEETON STRAYHORN Attorney General of Texas — Opinion. March 6, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Carole Keeton Strayhorn Comptroller of Public Accounts Lyndon B. Johnson Building 111 East 17th Street Austin, Texas 78701 Re: Whether the Comptroller of Public Accounts may disclose certain information relating to state tax liens (RQ-0592-JC) […]

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Opinion No. JM-1007

William R. Moore Attorney General of Texas — Opinion. January 13, 1989 JIM MATTOX, Attorney General of Texas Honorable William R. Moore Tom Green County Attorney 112 W. Beauregard San Angelo, Texas 76903 Re: Applicability of certain statutes to the actions of a local salary grievance committee (RQ-1574) Dear Mr. Moore: You ask whether a […]

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Opinion No. JC-0082

Delma Rios Attorney General of Texas — Opinion. July 20, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Delma Rios Kleberg County Attorney P.O. Box 1411 Kingsville, Texas 78364 Re: Whether a commissioners court may purchase fire-fighting equipment for or pay a volunteer […]

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Opinion No. GA-0570

REX EMERSON Attorney General of Texas — Opinion September 20, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Rex Emerson Kerr County Attorney County Courthouse, Suite BA-l03 700 Main Street Kerrville, Texas 78028 Re: Whether a county court at law judge may render judgment in felony cases after the presiding judge of the administrative […]

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Opinion No. GA-0720

CHARLES G. COOPER Attorney General of Texas — Opinion June 2, 2009. GREG ABBOTT, Attorney General of Texas Mr. Charles G. Cooper Banking Commissioner Texas Department of Banking 2601 North Lamar Boulevard Austin, Texas 78705 Re: Whether an agent under a statutory durable power of attorney may alter the method of disposition of a person’s […]

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Opinion No. MW-249

Henry Wade Attorney General of Texas — Opinion. October 8, 1980 MARK WHITE, Attorney General of Texas Honorable Henry Wade District Attorney Dallas Government Center Dallas, Texas 75202 Re: Authority of a justice of the peace to charge a fee for filing a peace bond complaint Dear Mr. Wade: You have requested our opinion regarding […]

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Opinion No. H-1273

George M. Cowden Attorney General of Texas — Opinion. December 7, 1978 JOHN L. HILL, Attorney General of Texas Honorable George M. Cowden Chairman Public Utility Commission of Texas 7800 Shoal Creek Blvd. Austin, Texas 78757 Re: Whether Public Utility Commission has regulatory authority over utility pole rental agreements between cable television companies and public […]

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Opinion No. MW-40

Joseph N. Murphy, Jr. Attorney General of Texas — Opinion. August 7, 1979 MARK WHITE, Attorney General of Texas Honorable Joseph N. Murphy, Jr. Executive Director Employees Retirement System of Texas P. O. Box 12337, Capitol Station Austin, Texas 78711 Re: Credit of legislative service for judicial retirement. Dear Mr. Murphy: You have requested our […]

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