Opinion No. GA-0376

LETICIA VAN DE PUTTE, R.Ph Attorney General of Texas — Opinion. November 18, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Leticia Van de Putte, R.Ph. Chair, Committee on Veteran Affairs and Military Installations Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether the Texas Workforce Commission is prohibited from using […]

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Opinion No. JM-315

Bill Messer Attorney General of Texas — Opinion. May 10, 1985 JIM MATTOX, Attorney General of Texas Honorable Bill Messer Chairman Calendars Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Effect on existing policies of January 1, 1984, increase in required Proof of Financial Responsibility under article 6701h, V.T.C.S. Dear […]

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Opinion No. JM-1207

Ron Lindsey Attorney General of Texas — Opinion. August 15, 1990 JIM MATTOX, Attorney General of Texas Mr. Ron Lindsey Commissioner Texas Department of Human Services P.O. Box 149030 Austin, Texas 78714-9030 Re: Obligation of a metropolitan transit authority with regard to medicaid recipients (RQ-1793) Dear Mr. Lindsey: The Department of Human Services (“the department”) […]

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Opinion No. JM-481

Carl A. Parker Attorney General of Texas — Opinion. April 22, 1986 JIM MATTOX, Attorney General of Texas Honorable Carl A. Parker Chairman Education Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 RE: Scope of section 13.909 of the Education Code, which grants public school teachers the right to a 30-minute […]

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Opinion No. DM-471

Bruce A. Levy Attorney General of Texas — Opinion. March 30, 1998 DAN MORALES, Attorney General of Texas Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Acupuncture Examiners P.O. Box 2018 Austin, Texas 78768-2018 Re: Whether the performance of acupuncture is within the scope of practice of a licensed Texas chiropractor (RQ-988) […]

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Opinion No. MW-591

Bob Armstrong Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Mr. Bob Armstrong Commissioner General Land Office Austin, Texas 78701 Re: Whether name of person or entity nominating a tract of land to be put up for lease by the School Land Board at lease sale is open […]

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Opinion No. MW-57

James M. Windham Attorney General of Texas — Opinion. September 13, 1979 MARK WHITE, Attorney General of Texas Honorable James M. Windham Chairman Texas Board of Corrections Livingston, Texas 77381 Re: Construction of a new prison. Dear Mr. Windham: You have asked: 1. Is the Department of Corrections authorized to acquire acreage for a prison […]

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Opinion No. DM-226

John W. Segrest Attorney General of Texas — Opinion. June 9, 1993 DAN MORALES, Attorney General of Texas Honorable John W. Segrest Criminal District Attorney McLennan County 219 North 6th Street, Suite 200 Waco, Texas 76701 Re: Whether section 381.004 of the Local Government Code creates an exemption to competitive bidding requirements and related questions […]

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Opinion No. JM-514

Mark W. Stiles Attorney General of Texas — Opinion. July 10, 1986 JIM MATTOX, Attorney General of Texas Honorable Mark W. Stiles Chairman State Affairs Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a city may require a school district to apply for a special building use permit in order […]

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Opinion No. GA-0599

STEVE PENA Attorney General of Texas — Opinion January 25, 2008. GREG ABBOTT, Attorney General of Texas Mr. Steve Pena, Presiding Officer Brazos River Authority Post Office Box 7555 Waco, Texas 76714-7555 Re: Whether the Brazos River Authority may discount and freeze current lease rates for lessees over 65 years of age (RQ-0611-GA) Dear Mr. […]

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Opinion No. JM-152

Raymon L. Bynum Attorney General of Texas — Opinion. May 2, 1984 JIM MATTOX, Attorney General of Texas Mr. Raymon L. Bynum Commissioner of Education Texas Education Agency 201 East 11th Street Austin, Texas 78701 Mr. Bob E. Bradley Executive Director Texas State Board of Public Accountancy 1033 La Posada, Suite 340 Austin, Texas 78752 […]

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Opinion No. JM-996

James M. Kuboviak and Janelle Haverkamp Attorney General of Texas — Opinion. December 20, 1988 JIM MATTOX, Attorney General of Texas Honorable James M. Kuboviak County Attorney Brazos County 300 E. 26th St., Suite # 325 Bryan, Texas 77803 Honorable Janelle Haverkamp County Attorney Cooke County Gainesville, Texas 76240 Mattox Re: Construction of term “actual […]

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Opinion No. H-1091

B. L. DeBerry Attorney General of Texas — Opinion. November 15, 1977 JOHN L. HILL, Attorney General of Texas Mr. B. L. DeBerry Engineer-Director State Department of Highways Public Transportation Austin, Texas 78701 Re: Validity of leases of property owned by the Texas Turnpike Authority. Dear Mr. DeBerry: You have requested our opinion regarding the […]

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Opinion No. GA-0507

LAURA GARZA JIMENEZ. Attorney General of Texas — Opinion January 30, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Laura Garza Jimenez Nueces County Attorney Nueces County Courthouse 901 Leopard, Room 207 Corpus Christi, Texas 78401-3680 Re: Authority of a county attorney to represent the Texas Department of Aging and Disability Services, in prosecuting […]

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Opinion No. JM-659

Bob Bullock Attorney General of Texas — Opinion. March 27, 1987 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Whether a municipality which does not at present impose a property tax may impose the 1/2 percent additional sales tax authorized by Acts […]

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Opinion No. MW-266

Donald L. Wilson Attorney General of Texas — Opinion. November 10, 1980 MARK WHITE, Attorney General of Texas Honorable Donald L. Wilson Callahan County Attorney Callahan Courthouse Baird, Texas 79504 Re: Procedure for holding a school consolidation election Dear Mr. Wilson: The Hamby, Clyde and Abilene Independent School Districts are contiguous, and each district has […]

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Opinion No. JM-283

Herbert E. Cohen Attorney General of Texas — Opinion. December 28, 1984 JIM MATTOX, Attorney General of Texas Mr. Herbert E. Cohen Executive Director Texas Cosmetology Commission 1111 Rio Grande Austin, Texas 78701 Re: Status of contract high school students under the Cosmetology Regulatory Act Dear Mr. Cohen: You have requested our opinion regarding the […]

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Opinion No. MW-166

Susan Gurley McBee Attorney General of Texas — Opinion. April 9, 1980 MARK WHITE, Attorney General of Texas Honorable Susan Gurley McBee Chairman Committee on Elections House of Representatives Austin, Texas 78769 Re: Whether the Secretary of State may promulgate rules permitting the consolidation of election precincts without regard to commissions’ precinct boundaries. Dear Representative […]

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Opinion No. JM-156

Kenneth H. Ashworth Attorney General of Texas — Opinion. May 9, 1984 JIM MATTOX, Attorney General of Texas Mr. Kenneth H. Ashworth Commissioner of Higher Education Coordinating Board Texas College University System P.O. Box 12788, Capitol Station Austin, Texas 78711 Re: Whether a community college district may create a labor management committee to conduct discussions […]

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Opinion No. GA-0350

BART E. MEDLEY Attorney General of Texas — Opinion. August 19, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Bart E. Medley Jeff Davis County Attorney Post Office Box 201 Fort Davis, Texas 79734 Re: Whether the county attorneys of Jeff Davis and Presidio counties may, by “reciprocal arrangement,” appoint each other assistant county […]

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Opinion No. GA-0183

BURT R. SOLOMONS Attorney General of Texas — Opinion. April 26, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Burt R. Solomons Chair, Committee on Financial Institutions Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether 49 U.S.C. § 14501(c)(1) preempts chapter 145 of the Texas Civil Practice and Remedies […]

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Opinion No. GA-0089

TIM CURRY Attorney General of Texas — Opinion. July 29, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Tim Curry Tarrant County Criminal District Attorney Justice Center 401 West Belknap Fort Worth, Texas 76196-0201 Re: Whether Occupations Code, section 1704.304, providing that certain persons may not recommend a bail bond surety, an attorney, or […]

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Opinion No. MW-385

James E. Nugent Attorney General of Texas — Opinion. November 5, 1981 MARK WHITE, Attorney General of Texas Honorable James E. Nugent Chairman Railroad Commission of Texas P.O. Box 12967 Austin, Texas 78711 Re: Notice of rate change required by section 43(a) of article 1446c, V.T.C.S. Dear Chairman Nugent: You have requested our opinion concerning […]

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Opinion No. GA-0675

JAMES A. COX, JR. Attorney General of Texas — Opinion October 30, 2008. Page 1 GREG ABBOTT, Attorney General of Texas Mr. James A. Cox, Jr. Chairman, Texas Lottery Commission Post Office Box 16630 Austin, Texas 78761-6630 Re: Whether section 521.126 of the Transportation Code permits the Texas Lottery Commission to use electronically readable information […]

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Opinion No. DM-447

Frank Madla Attorney General of Texas — Opinion. July 29, 1997 DAN MORALES, Attorney General of Texas The Honorable Frank Madla Chair, Nominations Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Authority of municipality to approve, reject, or review rules adopted by fire and police civil service commission (RQ-910) Dear Senator Madla: […]

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Opinion No. GA-0831

JO ANNE BERNAL Attorney General of Texas — Opinion January 4, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Jo Anne Bernal El Paso County Attorney 500 East San Antonio, Room 503 El Paso, Texas 79901 Re: Whether chapter 161 of the Local Government Code is applicable to the District Attorney of the 34th […]

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Opinion No. JM-400

Gary Thompson Attorney General of Texas — Opinion. December 20, 1985 JIM MATTOX, Attorney General of Texas Honorable Gary Thompson Chairman Committee on County Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a rural fire prevention district may assess taxes against residents of a municipality which was incorporated after the […]

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Opinion No. DM-151

John Pouland Attorney General of Texas — Opinion. August 12, 1992 DAN MORALES, Attorney General of Texas Mr. John Pouland Executive Director General Services Commission P. O. Box 13047 Austin, Texas 78711-3047 Re: Whether pursuant to section 2.061(d) of the General Services Act, article 601b, V.T.C.S., a person who is a member of a firm […]

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Opinion No. DM-45B

Allen Hightower Attorney General of Texas — Opinion. November 27, 1991 DAN MORALES, Attorney General of Texas Honorable Allen Hightower Chairman Committee on Corrections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the amendment to article 42.18 of the Code of Criminal Procedure regarding the mandatory time that inmates must serve […]

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Opinion No. JC-0200

Cindy Maria Garner Attorney General of Texas — Opinion. March 21, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Cindy Maria Garner 349th Judicial District Attorney P.O. Box 1076 Crockett, Texas 75835 Re: Whether chapter 110 of the Civil Practice and Remedies Code […]

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Opinion No. JM-350

Jim Weems Attorney General of Texas — Opinion. September 3, 1985 JIM MATTOX, Attorney General of Texas Honorable Jim Weems Hockley County Attorney Hockley County Courthouse P.O. Box 11 Levelland, Texas 79336 Re: Whether a commissioners court may expend county travel funds to oppose issuance by the Alcoholic Beverage Commission of a private club permit […]

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Opinion No. JM-728

Tom Maness Attorney General of Texas — Opinion. June 25, 1987 JIM MATTOX, Attorney General of Texas Honorable Tom Maness Criminal District Attorney P.O. Box 2553 Beaumont, Texas 77704 Re: Whether a county may abandon a neighborhood road without replacing it Dear Mr. Maness: You ask about the authority of the Commissioners Court of Jefferson […]

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Opinion No. JM-240

Kenneth H. Ashworth Attorney General of Texas — Opinion. December 5, 1984 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: Nonresident tuition at the Southwest Collegiate Institute for the Deaf Dear Mr. Ashworth: You seek clarification of the […]

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Opinion No. MW-146

Joe Resweber Attorney General of Texas — Opinion. March 14, 1980 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Claim for over 65 homestead exemption under Property Tax Code. Dear Mr. Resweber: You ask the following question concerning the homestead exemption from the […]

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Opinion No. GA-0366

DIB WALDRIP Attorney General of Texas — Opinion. October 14, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Dib Waldrip Comal County Criminal District Attorney 150 North Seguin, Suite 307 New Braunfels, Texas 78130 Re: Whether, under an agreement entered into pursuant to section 242.001 (d)(4)(B) of the Local Government Code, a county may […]

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Opinion No. JC-0162

G. Granger MacDonald Attorney General of Texas — Opinion. December 29, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. G. Granger MacDonald, President Board of Directors Upper Guadalupe River Authority 125 Lehmann Drive, Suite 100 Kerrville, Texas 78028-5908 Re: Whether the Upper Guadalupe River […]

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Opinion No. MW-387

Maurice, S. Pipkin Attorney General of Texas — Opinion. November 9, 1981 MARK WHITE, Attorney General of Texas Mr. Maurice, S. Pipkin Executive Director State Commission on Judicial Conduct 211 Reagan Building Austin, Texas 78711 Re: Whether person appointed county court of law judge pursuant to article 1970-341, section 6 must comply with requirements of […]

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Opinion No. JM-267

Wilhelmina Delco Attorney General of Texas — Opinion. December 21, 1984 JIM MATTOX, Attorney General of Texas Honorable Wilhelmina Delco Chairman Higher Education Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether foreign nationals may be constitutionally charged a higher rate of tuition at a state university than other nonresidents Dear […]

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Opinion No. JM-485

Gerald W. Schmidt Attorney General of Texas — Opinion. April 24, 1986 JIM MATTOX, Attorney General of Texas Honorable Gerald W. Schmidt Gillespie County Attorney County Courthouse Fredericksburg, Texas 78624 Re: Whether an individual may serve simultaneously as constable and jailer Dear Mr. Schmidt: You inform us that an individual who had been working as […]

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Opinion No. GA-0056

JOE CRABB Attorney General of Texas — Opinion. April 7, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Joe Crabb Chair, Committee on Redistricting Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a local government may broadcast information about registered sex offenders on a local cable television channel (RQ-0623-JC) Dear […]

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Opinion No. JM-88

Lyndon L. Olson, Jr. Attorney General of Texas — Opinion. November 9, 1983 JIM MATTOX, Attorney General of Texas Mr. Lyndon L. Olson, Jr. Chairman State Board of Insurance 1110 San Jacinto Boulevard Austin, Texas 78711 Re: Whether article 3.68 of the Insurance Code applies to non-Texas business of a life insurance company holding a […]

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Opinion No. GA-0572

SUSAN COMBS Attorney General of Texas — Opinion September 26, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Susan Combs Comptroller of Public Accounts Post Office Box 13528 Austin, Texas 78711-3528 Re: Whether certain information regarding public employees must be included in the Comptroller of Public Account’s public database of state expenditures (RQ-0603-GA) Dear […]

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Opinion No. MW-85

Gerald R. Brown Attorney General of Texas — Opinion. November 16, 1979 MARK WHITE, Attorney General of Texas Mr. Gerald R. Brown Executive Director Texas Industrial Commission Box 12728 Capitol Station Austin, Texas 78711 Re: Whether issuance of bonds under the Development Corporation Act of 1979, V.T.C.S. article 5190.6, is violative of either article III, […]

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Opinion No. GA-0884

JACK A. McGAUGHEY Attorney General of Texas — Opinion September 7, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Jack A. McGaughey 97th District Attorney Post Office Box 55 Montague, Texas 76251-0055 Re: Appointment of counsel in criminal cases for non-indigent defendants (RQ-0962-GA) Dear Mr. McGaughey: You ask about the appointment of counsel in […]

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Opinion No. DM-204

Allen Ross Hightower Attorney General of Texas — Opinion. February 25, 1993 DAN MORALES, Attorney General of Texas Honorable Allen Ross Hightower Chairman Committee on Corrections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Authority of a county to improve certain subdivision roads and assess the cost of repairs against subdivisions (RQ-457) […]

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Opinion No. MW-274

Joe Resweber Attorney General of Texas — Opinion. November 21, 1980 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Whether Harris County can maintain a fishing pier extending into another county Dear Mr. Resweber: You have asked whether Harris County can expend funds […]

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Opinion No. H-1048

Hal H. Hood Attorney General of Texas — Opinion. September 1, 1977 JOHN L. HILL, Attorney General of Texas Honorable Hal H. Hood Firemen’s Pension Commissioner Sam Houston Building Austin, Texas 78701 Re: Authority of Firemen’s Pension Commissioner to permit out of time appeals. Dear Mr. Hood: You have requested our opinion regarding the authority […]

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Opinion No. JC-0371

Jim Nelson Attorney General of Texas — Opinion. April 25, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Jim Nelson Commissioner Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether a school district trustee may serve as a volunteer teacher in […]

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Opinion No. DM-469

René O. Oliveira Attorney General of Texas — Opinion. March 12, 1998 DAN MORALES, Attorney General of Texas The Honorable René O. Oliveira Chair, Committee on Economic Development Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether Government Code section 2258.021 requires Midwestern State University to pay the prevailing wage rate to […]

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Opinion No. JC-0552

TOBY GOODMAN Attorney General of Texas — Opinion. September 4, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Toby Goodman Chair, House Committee on Juvenile Justice and Family Issues Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a county […]

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Opinion No. JM-612

Ray Farabee Attorney General of Texas — Opinion. December 31, 1986 JIM MATTOX, Attorney General of Texas Honorable Ray Farabee Chairman Committee on State Affairs Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether cooperative housing is entitled to the residence homestead tax exemption under article VIII, section 1-b, of the Texas Constitution […]

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Opinion No. H-961

Tom C. Massey Attorney General of Texas — Opinion. March 22, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Tom C. Massey Chairman Special House Committee on Alternatives to Public School Financing P. O. Box 2910 Austin, Texas 78767 Re: Use of occupation tax revenues for areas of school finance other than the […]

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Opinion No. JM-87

Tom Uher Attorney General of Texas — Opinion. November 9, 1983 JIM MATTOX, Attorney General of Texas Honorable Tom Uher Chairman Committee on Regions, Compacts and Districts Texas House of Representatives Austin, Texas 78769 Re: Whether constitutional and statutory tax exemptions, specifically section 23.42 of the Tax Code and article VIII, sections 1-d, 1-3-1, 19, […]

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Opinion No. MW-22

Chet Brooks Attorney General of Texas — Opinion. May 18, 1979 MARK WHITE, Attorney General of Texas Honorable Chet Brooks Chairman Senate Committee on Human Resources State Capitol Austin, Texas 78711 Re: Constitutionality of Senate Bill 628 providing for payments for utility service to needy aged individuals. Dear Senator Brooks: You have requested our opinion […]

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Opinion No. DM-130

George Pierce Attorney General of Texas — Opinion. June 17, 1992 DAN MORALES, Attorney General of Texas Honorable George Pierce Chairman Urban Affairs Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Whether a home rule city council member is barred by state law from voting on zoning matters affecting territory […]

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Opinion No. JC-0431

Howard D. Graves Attorney General of Texas — Opinion. November 6, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Howard D. Graves, Chancellor The Texas AM University System 301 Tarrow, Sixth Floor College Station, Texas 77840-7896 Re: Whether The Texas AM University System is […]

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Opinion No. JM-921

William D. Gooch Attorney General of Texas — Opinion. June 23, 1988 JIM MATTOX, Attorney General of Texas Mr. William D. Gooch Director and Librarian Texas State Library P.O. Box 12927 Austin, Texas 78711 Re: Whether the Library and Archives Commission may grant funds to certain regional library systems (RQ-1298) Dear Mr. Gooch: You ask […]

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Opinion No. H-1149

Joseph N. Murphy Attorney General of Texas — Opinion. April 3, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joseph N. Murphy Executive Director Employees Retirement System of Texas Box 12337 Capitol Station Austin, Texas 78711 Re: Administration of Judicial Retirement. Dear Mr. Murphy: You have asked a number of questions regarding the administration […]

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Opinion No. MW-263

Joe Resweber Attorney General of Texas — Opinion. October 31, 1980 MARK WHITE, Attorney General of Texas Mr. Joe Resweber County Attorney County of Harris 1001 Preston, Suite 634 Houston, Texas 77002 Re: Filing assumed name certificates Dear Mr. Resweber: You have asked the following questions concerning chapter 36 of the Texas Business and Commerce […]

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Opinion No. MW-574

Henry Wade Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Honorable Henry Wade Dallas District Attorney 601 Elm Street Dallas, Texas 75202 Re: Procedure for testing microfilms of records filed with county clerks, and related matters Dear Mr. Wade: You have asked several questions about the construction to […]

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Opinion No. JC-0029

Mark Piland Attorney General of Texas — Opinion. March 31, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Mark Piland Mitchell County Attorney 349 Oak Street, Room 206 Colorado City, Texas 79512 Re: Whether the constitutional residency requirement applies to a deputy county […]

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Opinion No. GA-0875

MIKE JACKSON Attorney General of Texas — Opinion August 9, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Mike Jackson Chair, Committee on Economic Development Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Use of the judicial fund created by section 21.006 of the Government Code (RQ-0951-GA) Dear Senator Jackson: On […]

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Opinion No. MW-246

Harvey Davis Attorney General of Texas — Opinion. September 23, 1980 MARK WHITE, Attorney General of Texas Honorable Harvey Davis Executive Director Texas Department of Water Resources 1700 N. Congress Avenue Austin, Texas Re: Disposition of bond proceeds from sale of Texas Water Development Board bonds. Dear Mr. Davis: You have requested our opinion in […]

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Opinion No. MW-295

Bob Bullock Attorney General of Texas — Opinion. March 5, 1981 MARK WHITE, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts Capitol Station Austin, Texas 78774 Re: Whether various statutes apply to the Texas Guaranteed Student Loan Corporation Dear Mr. Bullock: You ask whether the Texas Guaranteed Student Loan Corporation is a […]

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Opinion No. JC-0042

Suzanne N. Bauer Attorney General of Texas — Opinion. May 4, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Suzanne N. Bauer Hopkins County Auditor P.O. Box 288 Sulphur Springs, Texas 75483 Re: Whether a prosecutor may defer prosecution of a violation of the […]

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Opinion No. JC-0083

Jack Herrington 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 Jack Herrington Red River District and County Attorney P.O. Box 364 Clarksville, Texas 75426 Re: Whether a county judge may conduct an inquest when the […]

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Opinion No. JM-1250

William D. Gooch Attorney General of Texas — Opinion. November 30, 1990 JIM MATTOX, Attorney General of Texas Mr. William D. Gooch Director and Librarian Texas State Library Lorenzo De Zavala State Archives and Library Bldg. Box 12927 Austin, Texas 78711 Re: Whether section 202.004(a) of the Local Government Code prohibits a local government from […]

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Opinion No. DM-385

Steven C. Hilbig Attorney General of Texas — Opinion. April 19, 1996 DAN MORALES, Attorney General of Texas The Honorable Steven C. Hilbig Bexar County Criminal District Attorney Bexar County Justice Center 300 Dolorosa, Suite 5072 San Antonio, Texas 78205-3030 Re: Whether a deputy constable may be classified as an “employee” pursuant to chapter 158 […]

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Opinion No. JM-716

Gary Garrison Attorney General of Texas — Opinion. June 2, 1987 JIM MATTOX, Attorney General of Texas Honorable Gary Garrison Ector County Attorney Courthouse, Room 218 Odessa, Texas 79761 Re: Whether a commissioners court may grant federal revenue sharing funds to a chamber of commerce for use in recruiting new businesses Dear Mr. Garrison: You […]

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Opinion No. JM-790

Kent A. Caperton Attorney General of Texas — Opinion. September 21, 1987 JIM MATTOX, Attorney General of Texas Honorable Kent A. Caperton Chairman Jurisprudence Committee Texas State Senate P.O. Box 2910 Austin, Texas 78711 Re: Authority of a municipality to enact a “repair and deduct” ordinance Dear Senator Caperton: You ask whether a municipality may […]

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Opinion No. GA-0404

CARL REYNOLDS Attorney General of Texas — Opinion. February 24, 2006. GREG ABBOTT, Attorney General of Texas Mr. Carl Reynolds Administrative Director Office of Court Administration Post Office Box 12066 Austin, Texas 78711-2066 Re: Whether the seal placed on certified copies of documents recorded in the county clerk’s office must be raised (RQ-0384-GA) Dear Mr. […]

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Opinion No. JM-91

Gary E. Miller, M.D. Attorney General of Texas — Opinion. November 10, 1983 JIM MATTOX, Attorney General of Texas Gary E. Miller, M.D. Commissioner Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, Texas 78711 Re: Whether the superintendent of a mental health and mental retardation facility is an officer subject to […]

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Opinion No. JM-654

John Owens Attorney General of Texas — Opinion. March 24, 1987 JIM MATTOX, Attorney General of Texas Honorable John Owens Henderson County Attorney County Attorney’s Office Athens, Texas 75751 Re: Validity of a conveyance of real property by the Athens Municipal Water Authority Dear Mr. Owens: The Athens Municipal Water Authority is a conservation and […]

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Opinion No. H-1220

Joe Resweber Attorney General of Texas — Opinion. August 1, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas 77002 Re: Constitutionality of Acts 1977, 65th Leg., ch. 818, at 2065 (House Bill 1076) and constitutionality of Acts 1977, 65th Leg., ch. 790, at 1975 […]

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Opinion No. JM-49

Britt Plunk Attorney General of Texas — Opinion. July 28, 1983 JIM MATTOX, Attorney General of Texas Honorable Britt Plunk Hardin County Attorney P. O. Box 516 Kountze, Texas 77625 Re: Whether district judge may raise salaries of county auditor’s deputies at any time during the year and whether district judge may appoint court coordinator […]

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Opinion No. JC-0016

Robert A. Klaeger Attorney General of Texas — Opinion. March 8, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Robert A. Klaeger Burnet County Attorney 220 South Pierce Burnet, Texas 78611-3136 Re: Enforcement of traffic laws on privately owned streets (RQ-1199) Dear Mr. […]

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Opinion No. H-1103

Wm. J. Benardino Attorney General of Texas — Opinion. December 12, 1977 JOHN L. HILL, Attorney General of Texas Honorable Wm. J. Benardino County Attorney Montgomery County Courthouse Conroe, Texas 77301 Re: Effect of Education Code section 17.95 on the county school board of Montgomery County. Dear Mr. Benardino: You have asked us to determine […]

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Opinion No. JC-0398

Royce West 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 Royce West Chair, Jurisprudence Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether section 25.092 of the Education Code, which relates to […]

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Opinion No. JM-715

Mike Driscoll Attorney General of Texas — Opinion. June 2, 1987 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Constitutionality of the Uniform Enforcement of Judgments Act, section 35.001 et seq., Civil Procedures and Remedies Code, and related questions Dear Mr. Driscoll: You […]

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Opinion No. GA-0773

VINCE RYAN Attorney General of Texas — Opinion May 4, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Vince Ryan Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 Re: Whether a district clerk may accept assignment of a defendant’s cash bail bond refund as payment of the defendant’s fines and costs (RQ-0819-GA) […]

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Opinion No. DM-249

Daniel S. Ouellette Attorney General of Texas — Opinion. September 3, 1993 DAN MORALES, Attorney General of Texas Mr. Daniel S. Ouellette Chair Texas State University System 333 Guadalupe, Box 3810 Austin, Texas 78701-3942 Re: Whether, under certain circumstances, a nonresident scholarship recipient is eligible for resident tuition rates under section 54.064 of the Education […]

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Opinion No. JC-0096

Sid L. Harle Attorney General of Texas — Opinion. August 23, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Susan Garrison The Honorable Sid L. Harle Chairman Court Reporters Certification Board P.O. Box 13131 Austin, Texas 78711-3131 Re: Whether the Court Reporters Certification Board may […]

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Opinion No. JM-597

Oscar H. Mauzy Attorney General of Texas — Opinion. December 29, 1986 JIM MATTOX, Attorney General of Texas Honorable Oscar H. Mauzy Chairman Committee on Jurisprudence Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Legality under article 6252-9f, V.T.C.S., of political campaign activities by community college students as optional course work assignment Dear […]

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Opinion No. JM-468

Ray Keller Attorney General of Texas — Opinion. April 4, 1986 JIM MATTOX, Attorney General of Texas Honorable Ray Keller Chairman Committee on Law Enforcement Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a municipality which is located within two counties may hold an election on the issue of the sale […]

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Opinion No. H-1121

Joseph N. Murphy, Jr. Attorney General of Texas — Opinion. January 25, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joseph N. Murphy, Jr. Executive Director Employees Retirement System of Texas Box 12337, Capitol Station Austin, Texas 78711 Re: Disposition of surpluses generated under State employees group insurance programs. Dear Mr. Murphy: You request […]

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Opinion No. JC-0021

Judith Zaffirini Attorney General of Texas — Opinion. March 11, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Judith Zaffirini Chair, Human Services Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether certain provisions of the Texas Controlled Substances Act, […]

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Opinion No. MW-472

Ruben Torres Attorney General of Texas — Opinion. May 18, 1982 MARK WHITE, Attorney General of Texas Mr. Ruben Torres Chairman Texas Board of Pardons and Paroles P. O. Box 13401, Capitol Station Austin, Texas 78711 Re: Whether the Texas Board of Pardons and Paroles has authority to collect or assist in the collection of […]

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Opinion No. H-1165

Ben Z. Grant Attorney General of Texas — Opinion. May 10, 1978 JOHN L. HILL, Attorney General of Texas Honorable Ben Z. Grant Chairman House Judiciary Committee State Capitol Austin, Texas 78711 Re: Use of public property or services for private benefit. Dear Representative Grant: The Judiciary Committee has requested an opinion as to whether: […]

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Opinion No. DM-134

George J. Filley, III Attorney General of Texas — Opinion. June 29, 1992 DAN MORALES, Attorney General of Texas Honorable George J. Filley, III Criminal District Attorney P. O. Box 488 Victoria, Texas 77902 Re: Whether Victoria County may fund the office of election administrator by contracting with political subdivisions that will utilize that officer’s […]

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Opinion No. JM-322

Phillip A. Lohec Attorney General of Texas — Opinion. May 28, 1985 JIM MATTOX, Attorney General of Texas Phillip A. Lohec, C.P.A. Galveston County Auditor County Courthouse Galveston, Texas 77550 Re: Whether contributions to F.I.C.A. under article 695h, V.T.C.S., constitute a salary supplement to a county court-at-law judge Dear Mr. Lohec: Pursuant to your limited […]

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Opinion No. DM-76

Romero Molina Attorney General of Texas — Opinion. January 17, 1992 DAN MORALES, Attorney General of Texas Honorable Romero Molina Starr County Attorney P. O. Box 1198 Rio Grande City, Texas 78582 Re: Whether nepotism law applies to individuals hired as independent contractors (RQ-111) Dear Mr. Molina: You ask whether a school board has authority […]

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Opinion No. JC-0448

Clyde Alexander Attorney General of Texas — Opinion. December 27, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Clyde Alexander Chair, Committee on Transportation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Validity of a rider to the general appropriations […]

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Opinion No. JC-0438

Susan D. Reed Attorney General of Texas — Opinion. December 3, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Susan D. Reed Bexar County Criminal District Attorney 300 Dolorosa, Fifth Floor San Antonio, Texas 78205-3030 Re: Longevity pay for certain assistant prosecutors (RQ-0397-JC) […]

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Opinion No. DM-347

Bill Sims Attorney General of Texas — Opinion. May 4, 1995 DAN MORALES, Attorney General of Texas Honorable Bill Sims Chair Committee on Natural Resources Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether, under Education Code section 21.901, a school district must competitively bid a contract for the purchase of insurance (RQ-656) […]

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Opinion No. GA-0707

DON McLEROY Attorney General of Texas — Opinion April 13, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Don McLeroy Chair, State Board of Education 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Calculation of the “total return on all investment assets of the permanent school fund” for purposes of article VII, subsection 5(a)(2), […]

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Opinion No. JM-1107

Lynn B. Polson Attorney General of Texas — Opinion. October 9, 1989 JIM MATTOX, Attorney General of Texas Ms. Lynn B. Polson Acting Executive Director Department of Information Resources P.O. Box 13564 Austin, Texas 78711 Re: Construction of conflict of interest provisions of article 4413(32j), V.T.C.S., which creates the Department of Information Resources (RQ-1802) Dear […]

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Opinion No. DM-361

Doyne Bailey Attorney General of Texas — Opinion. August 11, 1995 DAN MORALES, Attorney General of Texas Mr. Doyne Bailey Administrator Texas Alcoholic Beverage Commission P.O. Box 13127 Austin, Texas 78711-3127 Re: Whether a requirement in the Alcoholic Beverage Code that an applicant for a liquor license or permit have been a resident of Texas […]

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Opinion No. JM-1088

Steve Fischer Attorney General of Texas — Opinion. August 23, 1989 JIM MATTOX, Attorney General of Texas Honorable Steve Fischer District and County Attorney Willacy County Courthouse Raymondville, Texas 78580 Mr. Eleazar Garcia, Jr. Willacy County Auditor First Floor, Courthouse Raymondville, Texas 78580 Re: Whether a particular district judge is a member of a county […]

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Opinion No. JC-0364

C.E. “Mike” Thomas, III Attorney General of Texas — Opinion. April 13, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable C.E. “Mike” Thomas, III Howard County Attorney P.O. Box 2096 Big Spring, Texas 79721 Re: Whether a county with a regional mental-health hospital […]

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Opinion No. JC-0400

Ori T. White Attorney General of Texas — Opinion. August 1, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Ori T. White District Attorney 112th Judicial District P.O. Drawer 160 107 East 4th Street Fort Stockton, Texas 79735 Re: Whether the Industrial Development […]

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