Opinion No. GA-0542

ROB BAIAMONTE Attorney General of Texas — Opinion April 24, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Rob Baiamonte Goliad County Attorney Post Office Box 24 Goliad, Texas 77963 Re: Whether abandoned vehicles seized by the county sheriff must be disposed of pursuant to Transportation Code chapter 683 or Code of Criminal Procedure […]

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Opinion No. JM-927

Joe Warner Bell Attorney General of Texas — Opinion. June 29, 1988 JIM MATTOX, Attorney General of Texas Honorable Joe Warner Bell Trinity County Attorney P.O. Box 979 Groveton, Texas 75845 Re: Whether a County Commissioner may act as surety on a bail bond for an offense committed in his county, and related questions (RQ-1405) […]

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Opinion No. JC-0329

Chris D. Prentice Attorney General of Texas — Opinion. January 12, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Chris D. Prentice Hale County Attorney Hale County Attorney’s Office 500 Broadway, Suite 80 Plainview, Texas 79072 Re: Whether a county commissioner may use […]

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Opinion No. DM-442

Catherine A. Ghiglieri Attorney General of Texas — Opinion. May 30, 1997 DAN MORALES, Attorney General of Texas Ms. Catherine A. Ghiglieri Commissioner Texas Department of Banking 2601 North Lamar Boulevard Austin, Texas 78705-4294 Re: Whether the Department of Banking may enforce the Currency Exchange Act, article 350, V.T.C.S., on a gambling facility owned by […]

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Opinion No. JM-959

John L. Barnhill Attorney General of Texas — Opinion. September 29, 1988 JIM MATTOX, Attorney General of Texas Honorable John L. Barnhill County Attorney Crosby County Crosbyton, Texas 79322 Re: Authority of a justice of the peace to probate suspension of a driver’s license when an individual refuses to take a breathalyzer test (RQ-1419) Dear […]

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Opinion No. H-1199

Margaret L. Rowland Attorney General of Texas — Opinion. June 29, 1978 JOHN L. HILL, Attorney General of Texas Mrs. Margaret L. Rowland, R.N. Executive Secretary Board of Nurse Examiners for the State of Texas 7600 Chevy Chase Drive Suite 502 Austin, Texas 78752 Re: Whether the Board of Nurse Examiners may probate a revocation […]

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Opinion No. MW-51

William P. Clements, Jr. and Bill Presnal Attorney General of Texas — Opinion. August 31, 1979 MARK WHITE, Attorney General of Texas Honorable William P. Clements, Jr. Governor of the State of Texas State Capitol Austin, Texas 78711 Honorable Bill Presnal Chairman Committee on Appropriations House of Representatives Austin, Texas 78769 Honorable Homer A. Foerster […]

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Opinion No. JM-114

Homer A. Foerster Attorney General of Texas — Opinion. December 30, 1983 JIM MATTOX, Attorney General of Texas Mr. Homer A. Foerster Executive Director State Purchasing General Services Commission P.O. Box 13047, Capitol Station Austin, Texas 78711 Re: Costs to persons requesting information under the Open Records Act, article 6252-17a, V.T.C.S. Dear Mr. Foerster: Section […]

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Opinion No. JM-502

Robert Bernstein, M.D. Attorney General of Texas — Opinion. June 19, 1986 JIM MATTOX, Attorney General of Texas Robert Bernstein, M.D. Commissioner of Health Texas Department of Health 1100 West 49th Street Austin, Texas 78756 Re: Whether the reporting requirements of section 4(a) of article 4512.8, V.T.C.S., the Texas Abortion Facility Reporting and Licensing Act, […]

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Opinion No. JM-495

Peggy Rosson Attorney General of Texas — Opinion. May 19, 1986 JIM MATTOX, Attorney General of Texas Ms. Peggy Rosson Chairman Public Utility Commission of Texas 7800 Shoal Creek Boulevard, 400N Austin, Texas 78757 Re: Extent to which former employee of the Public Utility Commission of Texas may participate in business before the commission Dear […]

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Opinion No. JM-1061

Dan Morales Attorney General of Texas — Opinion. June 20, 1989 JIM MATTOX, Attorney General of Texas Honorable Dan Morales Chairman Criminal Jurisprudence Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the state may restrict its waiver of immunity (RQ-1662) Dear Representative Morales: You ask the following questions about waiver […]

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Opinion No. GA-0386

JOE NIXON Attorney General of Texas — Opinion. December 27, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Joe Nixon Chair, Committee on Civil Practices Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a legislator may simultaneously serve as president of a municipal management district operating under chapter 375, […]

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Opinion No. JC-0354

Ron Lewis 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 Ron Lewis Chair, Committee on Energy Resources Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Port of Port Arthur Navigation […]

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Opinion No. JM-341

Stan Schlueter Attorney General of Texas — Opinion. August 14, 1985 JIM MATTOX, Attorney General of Texas Honorable Stan Schlueter Chairman Ways and Means Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Legality of foreign lottery under Texas law Dear Representative Schlueter: You have submitted two advertisements for lotteries held in […]

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Opinion No. MW-74

Charles D. Travis Attorney General of Texas — Opinion. October 22, 1979 MARK WHITE, Attorney General of Texas Honorable Charles D. Travis Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Authority of Parks and Wildlife Department to require reports on sales of fish by commercial fishermen. Dear Mr. […]

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Opinion No. JM-889

L.L. Bowman III Attorney General of Texas — Opinion. April 8, 1988 JIM MATTOX, Attorney General of Texas Mr. L.L. Bowman III Commissioner Texas Savings and Loan Department 2601 N. Lamar Suite 201 Austin, Texas 78705 Re: Authority of the Savings and Loan Department to obtain liability coverage for its officers and employees (RQ-1203) Dear […]

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Opinion No. JC-0262

Judith Zaffirini Attorney General of Texas — Opinion. July 26, 2000 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 78711-2068 Re: Whether an area of northeastern Bexar County may be […]

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Opinion No. MW-180

John J. Kavanagh, M.D. Attorney General of Texas — Opinion. May 21, 1980 MARK WHITE, Attorney General of Texas Honorable John J. Kavanagh, M.D. Commissioner Texas Department of MHMR Box 12668, Capitol Station Austin, Texas 78711 Re: Voluntary admission of minors to mental hospitals. Dear Dr. Kavanagh: You have requested our opinion regarding the voluntary […]

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Opinion No. GA-0861

JEFF WENTWORTH Attorney General of Texas — Opinion May 27, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Jeff Wentworth Chair, Select Committee on Open Government Texas State Senate Post Office Box 12068, Austin, Texas 78711-2068 Re: Requirements for real property to qualify as an “ecological laboratory” under section 23.51, Tax Code (RQ-0934-GA) Dear […]

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Opinion No. MW-323

Frank Hildebrand Attorney General of Texas — Opinion. April 15, 1981 MARK WHITE, Attorney General of Texas Honorable Frank Hildebrand Texas Tourist Development Agency P. O. Box 12008, Capitol Station Austin, Texas 78711 Re: Construction of sections 4, 5 and 66(c) of article V of the General Appropriations Act Dear Mr. Hildebrand: You have requested […]

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Opinion No. H-1011

Homer R. Taylor Attorney General of Texas — Opinion. June 7, 1977 JOHN L. HILL, Attorney General of Texas Honorable Homer R. Taylor County Attorney Wharton County 304 Courthouse Building Wharton, Texas 77488 Re: Authority of county commissioners court to make and enforce building ordinances in compliance with National Flood Insurance Act. Dear Mr. Taylor: […]

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Opinion No. JM-529

William N. Kirby Attorney General of Texas — Opinion. August 7, 1986 JIM MATTOX, Attorney General of Texas Mr. William N. Kirby Commissioner of Education Texas Education Agency 1701 N. Congress Avenue Austin, Texas 78701 Re: Applicability of the Texas Proprietary School Act to certain enterprises Dear Mr. Kirby: You have asked several questions about […]

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Opinion No. GA-0535

HOMERO RAMIREZ Attorney General of Texas — Opinion April 4, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Homero Ramirez Webb County Attorney Post Office Box 420268 Laredo, Texas 78042-0268 Re: Whether the trustees of an independent school district must change the terms of office of trustees from three to four years to comply […]

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Opinion No. JC-0482

TOM RAMSAY Attorney General of Texas — Opinion. March 25, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Tom Ramsay Chair, County Affairs Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a private Texas nonprofit corporation may operate […]

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Opinion No. H-1062

Joe Resweber Attorney General of Texas — Opinion. September 29, 1977 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas 77002 Re: Use of county law library funds to renovate or build a building. Dear Mr. Resweber: You have requested our opinion regarding whether county law […]

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Opinion No. H-1061

Dorman H. Winfrey Attorney General of Texas — Opinion. September 27, 1977 JOHN L. HILL, Attorney General of Texas Honorable Dorman H. Winfrey Director Librarian Texas State Library Box 12927, Capitol Station Austin, Texas 78711 Re: Whether the State Library may authorize receipt of fewer than 150 copies of a state publication. Dear Mr. Winfrey: […]

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Opinion No. GA-0737

ELIZABETH MURRAY-KOLB Attorney General of Texas — Opinion September 3, 2009. The Honorable Elizabeth Murray-Kolb Guadalupe County Attorney 101 East Court Street, Suite 104 Seguin, Texas 78155-5779 Re: Whether a municipality engaged in the process of annexing territory may use section 43.052(h)(1) of the Local Government Code under various circumstances (RQ-0745-GA) Dear Ms. Murray-Kolb: You […]

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Opinion No. JM-1036

Mike Driscoll Attorney General of Texas — Opinion. March 31, 1989 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Constitutionality of provision of Code of Criminal Procedure limiting justice court venue based on the size of the county (RQ-1540) Dear Mr. Driscoll: You […]

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Opinion No. GA-0462

WILLIAM M. JENNINGS Attorney General of Texas — Opinion. September 18, 2006. 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: Statutory maximum salary for the county court at law judges in Gregg County (RQ-0460-GA) Dear Mr. Jennings: […]

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Opinion No. DM-20

Alvin Roy Granoff Attorney General of Texas — Opinion. April 25, 1991 DAN MORALES, Attorney General of Texas Honorable Alvin Roy Granoff Chairman Committee on State, Federal and International Relations Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Authority of the Coordinating Board to mandate training requirements for locally elected community […]

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Opinion No. MW-502

Margaret Moore Attorney General of Texas — Opinion. August 5, 1982 MARK WHITE, Attorney General of Texas Honorable Margaret Moore Travis County Attorney P. O. Box 1748 Austin, Texas 78767 Re: Construction of article 3836(a)(3), V.T.C.S. Dear Ms. Moore: You ask about the proper construction of article 3836(a)(3), V.T.C.S., which provides the following in pertinent […]

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Opinion No. DM-248

Fred Hill Attorney General of Texas — Opinion. September 3, 1993 DAN MORALES, Attorney General of Texas Honorable Fred Hill Chair Committee on Urban Affairs Texas House of Representatives State Capitol Extension, Room 2.704 Austin, Texas 78768-2910 Re: Whether, under chapter 143 of the Local Government Code, a police officer who has resigned his commission […]

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Opinion No. JM-312

Richard G. Morales Attorney General of Texas — Opinion. April 26, 1985 JIM MATTOX, Attorney General of Texas Honorable Richard G. Morales Webb County Attorney 1104 Victoria Laredo, Texas 78040 Re: Whether a court-appointed attorney must be provided for an indigent in every misdemeanor case Dear Mr. Morales: You ask generally whether a court-appointed attorney […]

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Opinion No. JC-0500

PHIL GARRETT Attorney General of Texas — Opinion. May 6, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Phil Garrett Palo Pinto County Attorney P.O. Box 190 Palo Pinto, Texas 76484 Re: Constitutionality of racial profiling statute under article III, section 35 of […]

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Opinion No. H-1186

A. R. Schwartz Attorney General of Texas — Opinion. June 16, 1978 JOHN L. HILL, Attorney General of Texas Honorable A. R. Schwartz Chairman Senate Jurisprudence Committee State Capitol Austin, Texas 78711 Re: Authority of state agency to enter into conciliation agreement providing back wages to person who claims employment discrimination. Dear Senator Schwartz: You […]

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Opinion No. JM-425

Ray Farabee Attorney General of Texas — Opinion. February 11, 1986 JIM MATTOX, Attorney General of Texas Honorable Ray Farabee Chairman State Affairs Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 Re: Whether a county may agree to be a payor of last resort for medical services rendered to an indigent […]

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Opinion No. GA-0550

JOHN W. SEGREST Attorney General of Texas — Opinion June 7, 2007. GREG ABBOTT, Attorney General of Texas The Honorable John W. Segrest McLennan County Criminal District Attorney 219 North 6th Street, Suite 200 Waco, Texas 76701 Re: Effect of constable’s constructive resignation prior to the county’s redistricting that abolished the constable’s precinct (RQ-0554-GA) Dear […]

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Opinion No. JC-0295

Charles D. Penick Attorney General of Texas — Opinion. October 17, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Charles D. Penick Bastrop County Criminal District Attorney 804 Pecan Street Bastrop, Texas 78602 Re: Authority of a special district with powers and duties […]

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Opinion No. DM-241

Arnold W. Oliver and James E. (Jim) Nugent Attorney General of Texas — Opinion. August 12, 1993 DAN MORALES, Attorney General of Texas Arnold W. Oliver, P.E. Executive Director Texas Department of Transportation 125 East 11th Street Austin, Texas 78701-2483 Honorable James E. (Jim) Nugent Commissioner Railroad Commission of Texas P.O. Box 12967 Austin, Texas […]

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Opinion No. JM-1013

William D. Gooch Attorney General of Texas — Opinion. February 2, 1989 JIM MATTOX, Attorney General of Texas Honorable William D. Gooch Director and Librarian Texas State Library Lorenzo De Zavala State Archives and Library Bldg. P.O. Box 12927 Austin, Texas 78711 Re: Whether records created and/or received by the Governor’s Office are public records […]

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Opinion No. JM-197

Thomas H. Fowler Attorney General of Texas — Opinion. August 31, 1984 JIM MATTOX, Attorney General of Texas Honorable Thomas H. Fowler District and County Attorney Red River County P.O. Box 822 Clarksville, Texas 75426 Re: Application of article 6252-26, V.T.C.S., to county attorneys with felony responsibility Dear Mr. Fowler: You have asked whether county […]

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Opinion No. JM-352

Kenneth H. Ashworth Attorney General of Texas — Opinion. September 6, 1985 JIM MATTOX, Attorney General of Texas Mr. Kenneth H. Ashworth Commissioner Coordinating Board Texas College University System P.O. Box 12788 Austin, Texas 78711 Re: Whether a state institution of higher education may appoint to a faculty teaching position an individual who is nominated […]

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Opinion No. JC-0285

James L. Anderson, Jr. Attorney General of Texas — Opinion. September 19, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable James L. Anderson, Jr. Aransas County Attorney 301 North Live Oak Street Rockport, Texas 78382 Re: Whether an executive session of a public […]

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Opinion No. GA-0234

RAY ALLEN Attorney General of Texas — Opinion. August 17, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Ray Allen Chair, Committee on Corrections Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether, under section 1551.114 of the Insurance Code, an eligible retiree of a community supervision and corrections department […]

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Opinion No. H-1289

Joe Wyatt, Jr. Attorney General of Texas — Opinion. December 18, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Wyatt, Jr. Chairman House Committee on Ways Means State Capitol Austin, Texas 78711 Re: Whether the State of Texas is subject to the provision in the City of Austin’s Electric Rate Ordinance which provides […]

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Opinion No. GA-0619

JAMES M. KUBOVIAK Attorney General of Texas — Opinion April 24, 2008. GREG ABBOTT, Attorney General of Texas The Honorable James M. Kuboviak Brazos County Attorney Brazos County Courthouse 300 East 26th Street, Suite 325 Bryan, Texas 77803-5327 Re: Whether Government Code section 614.122 requires a county attorney to issue identification cards to unpaid investigators […]

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Opinion No. JM-363

H. Tati Santiesteban Attorney General of Texas — Opinion. October 22, 1985 JIM MATTOX, Attorney General of Texas Honorable H. Tati Santiesteban Chairman Natural Resources Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 Re: Authority of a judge to restrict the type of bail available to a defendant Dear Senator Santiesteban: […]

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Opinion No. JM-607

Erwin Barton Attorney General of Texas — Opinion. December 30, 1986 JIM MATTOX, Attorney General of Texas Honorable Erwin Barton Chairman Human Services Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Mr. Karl E. Bishop, Ph.D. Executive Director Texas Board of Licensure For Nursing Home Administrators 3407 I-35 North Austin, Texas 78722 […]

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Opinion No. JM-722

Robert E. (Bobby) Bell Attorney General of Texas — Opinion. June 17, 1987 JIM MATTOX, Attorney General of Texas Honorable Robert E. (Bobby) Bell Criminal District Attorney 115 W. Main Edna, Texas 77957 Re: Whether Jackson County is required to provide services under the Indigent Health Care Act where the county is encompassed within a […]

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Opinion No. MW-213

Warren G. Harding Attorney General of Texas — Opinion. July 23, 1980 MARK WHITE, Attorney General of Texas Honorable Warren G. Harding Treasurer of the State of Texas L.B.J. Building Austin, Texas Re: Whether the Comptroller may initiate direct deposit procedures for payroll warrants by magnetic tape transfer service Dear Mr. Harding: You have requested […]

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Opinion No. DM-268

Nathan B. Rheinlander Attorney General of Texas — Opinion. October 25, 1993 DAN MORALES, Attorney General of Texas Honorable Nathan B. Rheinlander Comal County Attorney 150 North Seguin, Suite 318 New Braunfels, Texas 78130-5113 Re: Whether House Bill 2087 violates article III, section 52 of the Texas Constitution (RQ-592) Dear Mr. Rheinlander: You ask whether […]

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Opinion No. DM-319

O. H. “Ike” Harris Attorney General of Texas — Opinion. January 25, 1995 DAN MORALES, Attorney General of Texas Honorable O. H. “Ike” Harris Chair Committee on State Affairs Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether section 395.011(c) of the Local Government Code authorizes a municipality to contract to provide capital […]

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Opinion No. DM-165

Skip Meno Attorney General of Texas — Opinion. September 21, 1992 DAN MORALES, Attorney General of Texas Mr. Skip Meno Commissioner Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether a school district can require a corporate surety to be sufficiently solvent to issue bid, performance, or payment bonds without reinsurance, and […]

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Opinion No. GA-0325

TROY FRASER Attorney General of Texas — Opinion. May 18, 2005 GREG ABBOTT, Attorney General of Texas The Honorable Troy Fraser Chair, Committee on Business and Commerce Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether police officers in a civil service municipality who advance in rank because of an officer’s military […]

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Opinion No. JC-0119

Raymie Kana Attorney General of Texas — Opinion. September 28, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Raymie Kana Colorado County Auditor Courthouse — Third Floor Columbus, Texas 78934 Re: Whether a county attorney may refuse to offer pretrial diversion to an offender […]

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Opinion No. JM-162

Bob Bullock Attorney General of Texas — Opinion. June 8, 1984 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts P.O. Box 13528 Austin, Texas 78774 Re: Application of article III, section 18 of the Texas Constitution prohibiting legislators from contracting with the state Dear Mr. Bullock: 1. A contract between […]

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Opinion No. DM-322

D.C. “Jim” Dozier Attorney General of Texas — Opinion. February 21, 1995 DAN MORALES, Attorney General of Texas Mr. D.C. “Jim” Dozier Executive Director Texas Commission on Law Enforcement Officer Standards and Education 1033 La Posada, Suite 240 Austin, Texas 78752 Re: Whether a constable who has not met the licensure requirements of the Commission […]

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Opinion No. MW-497

Robert O. Viterna Attorney General of Texas — Opinion. July 19, 1982 MARK WHITE, Attorney General of Texas Mr. Robert O. Viterna Executive Director Texas Commission on Jail Standards P. O. Box 12985 Austin, Texas 78711 Re: Accrual of good time credit by jail inmates Dear Mr. Viterna: You have requested an opinion from this […]

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Opinion No. JM-730

Russell P. Brooks Attorney General of Texas — Opinion. June 26, 1987 JIM MATTOX, Attorney General of Texas Honorable Russell P. Brooks Hunt County Attorney P.O. Box 1097 Greenville, Texas 75401 Re: Responsibility for medical expenses incurred on behalf of an indigent prisoner transferred from a county jail to the Texas Department of Corrections on […]

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Opinion No. JM-1005

Steve Lilly Attorney General of Texas — Opinion. January 11, 1989 JIM MATTOX, Attorney General of Texas Mr. Steve Lilly President, Board of Directors Angelina Neches River Authority P. O. Box 387 Lufkin, Texas 75901 Re: Whether officials and employees of a river authority may be represented by the Attorney General in suits under Chapter […]

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Opinion No. MW-278

L. Alvis Vandygriff Attorney General of Texas — Opinion. November 25, 1980 MARK WHITE, Attorney General of Texas Mr. L. Alvis Vandygriff Commissioner Texas Savings and Loan Department P. O. Box 1089 Austin, Texas 78767 Re: Trust powers for state-chartered savings and loan associations Dear Mr. Vandygriff: You have asked several questions relating to the […]

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Opinion No. MW-460

Ray Farabee Attorney General of Texas — Opinion. March 23, 1982 MARK WHITE, Attorney General of Texas Honorable Ray Farabee Chairman State Affairs Committee Texas State Senate Room 411, Archives Building Austin, Texas 78711 Re: Validity of legislation authorizing a legislative committee to veto or repeal administrative rules Dear Senator Farabee: Your letter to this […]

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Opinion No. H-1150

Leonard Prewitt and Joe Murphy Attorney General of Texas — Opinion. April 4, 1978 JOHN L. HILL, Attorney General of Texas Honorable Leonard Prewitt Executive Secretary Teacher Retirement System of Texas 1001 Trinity Street Austin, Texas Honorable Joe Murphy Executive Director Employees Retirement System of Texas 1800 San Jacinto Austin, Texas 78711 Re: Whether employees […]

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Opinion No. DM-328

Carl Mullen Attorney General of Texas — Opinion. March 9, 1995 DAN MORALES, Attorney General of Texas Mr. Carl Mullen Deputy Director General Services Commission P.O. Box 13047 Austin, Texas 78711-3047 Re: Whether the General Services Commission has the authority to promulgate a rule to deem businesses owned by individuals with disabilities as “historically underutilized […]

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Opinion No. DM-33

Carl A. Parker and John Montford Attorney General of Texas — Opinion. August 23, 1991 DAN MORALES, Attorney General of Texas Honorable Carl A. Parker Chairman Senate Subcommittee on Insurance P. O. Box 12068 Austin, Texas 78711 Honorable John Montford Chairman Senate Finance Committee P. O. Box 12068 Austin, Texas 78711 Honorable Eddie Cavazos Chairman […]

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Opinion No. DM-246

Luis V. Saenz Attorney General of Texas — Opinion. September 3, 1993 DAN MORALES, Attorney General of Texas Honorable Luis V. Saenz Cameron County District Attorney 974 East Harrison Street Brownsville, Texas 78520 Re: Whether the County Purchasing Act, sections 262.021-.035 of the Local Government Code, applies to purchases made with funds generated by forfeitures […]

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Opinion No. MW-76

Lee Drain Attorney General of Texas — Opinion. October 24, 1979 MARK WHITE, Attorney General of Texas Honorable Lee Drain Texas State University System 505 Sam Houston Building Austin, Texas 78701 Re: Coordinating Board Approval of construction project for Southwest Texas State University. Dear Mr. Drain: You inform us that on January 26, 1977, the […]

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Opinion No. JM-1145

William M. Hale Attorney General of Texas — Opinion. March 7, 1990 JIM MATTOX, Attorney General of Texas Mr. William M. Hale Executive Director Texas Commission on Human Rights P.O. Box 13493, Capitol Station Austin, Texas 78711 Re: Construction of the term “prevailing party” under V.T.C.S. article 5221k (RQ-1819) Dear Mr. Hale: You ask about […]

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Opinion No. GA-0102

JOSÉ R. RODRIGUEZ Attorney General of Texas — Opinion. September 17, 2003 GREG ABBOTT, Attorney General of Texas The Honorable José R. Rodriguez El Paso County Attorney El Paso County Hospital District Legal Unit 4815 Alameda, 8th Floor, Suite B El Paso, Texas 79905 Re: Authority of Board of Managers of El Paso County Hospital […]

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Opinion No. H-1288

Marion E. Williams, Jr. Attorney General of Texas — Opinion. December 18, 1978 JOHN L. HILL, Attorney General of Texas Honorable Marion E. Williams, Jr. Bee County Attorney Bee County Courthouse Beeville, Texas 78102 Re: Authority of the county to pay a CETA prime contractor when it is subsequently discovered that the activities for which […]

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Opinion No. JM-913

Toby C. Wilkinson Attorney General of Texas — Opinion. June 2, 1988 JIM MATTOX, Attorney General of Texas Honorable Toby C. Wilkinson Hunt County Attorney P.O. Box 1097 Greenville, Texas 75401 Re: Constitutionality of temporary occupation tax on attorneys (RQ-1347) Dear Mr. Wilkinson: You ask whether a temporary occupation tax imposed on attorneys is constitutional. […]

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Opinion No. MW-255

Bob Bullock Attorney General of Texas — Opinion. October 10, 1980 MARK WHITE, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Building Austin, Texas 78774 Re: Validity of actions of the Texas Prosecutors Coordinating Council Dear Mr. Bullock: In 1977, the Texas legislature enacted article 332d, V.T.C.S., which created the Texas […]

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Opinion No. MW-329

Tom O’Connell Attorney General of Texas — Opinion. April 27, 1981 MARK WHITE, Attorney General of Texas Honorable Tom O’Connell Criminal District Attorney Collin County Courthouse McKinney, Texas 75069 Re: County contribution to non-profit corporation organized to help the handicapped Dear Mr. O’Connell: You ask the following question: May a county make a capital contribution […]

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Opinion No. JM-390

Patrick H. Simmons Attorney General of Texas — Opinion. December 10, 1985 JIM MATTOX, Attorney General of Texas Honorable Patrick H. Simmons District-County Attorney Limestone County Courthouse 200 West State Street Groesbeck, Texas 76642 Re: Constitutionality of Senate Bill No. 270, Acts 1947, 50th Leg., ch. 53, at 72, creating a special road district for […]

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Opinion No. JM-807

Neal Birmingham Attorney General of Texas — Opinion. October 6, 1987 JIM MATTOX, Attorney General of Texas Honorable Neal Birmingham Cass County District Attorney P.O. Box 940 Linden, Texas 75563 Re: Whether $30,000 is the aggregate limit on articles exempt from execution under sections 42.001 and 42.002 of the Property Code Dear Mr. Birmingham: You […]

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Opinion No. JC-0230

David Swinford Attorney General of Texas — Opinion. June 7, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable David Swinford Chair, House Committee on Agriculture and Livestock P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the repeal of a federal cooperative purchasing program […]

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Opinion No. GA-0383

MIKE STAFFORD Attorney General of Texas — Opinion. December 19, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Mike Stafford Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 Re: Whether a commissioners court may pay a vendor who has rendered goods or services to the county for the reasonable value of the […]

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Opinion No. JM-56

Sam D. Millsap, Jr. Attorney General of Texas — Opinion. August 10, 1983 JIM MATTOX, Attorney General of Texas Honorable Sam D. Millsap, Jr. Criminal District Attorney Bexar County Courthouse San Antonio, Texas 78205 Re: Constitutionality of Rule 747a, Texas Rules of Civil Procedure Dear Mr. Millsap: You have requested our opinion regarding the constitutionality […]

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Opinion No. H-1105

Cue D. Boykin Attorney General of Texas — Opinion. December 14, 1977 JOHN L. HILL, Attorney General of Texas Honorable Cue D. Boykin Texas Industrial Accident Board Lyndon Baines Johnson Building P. O. Box 12757-Capitol Station Austin, Texas 78711 Re: Computation of benefits due a State employee with a specific injury under the workmen’s compensation […]

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Opinion No. DM-166

John Vance Attorney General of Texas — Opinion. September 21, 1992 DAN MORALES, Attorney General of Texas Honorable John Vance Criminal District Attorney Dallas County 133 North Industrial Boulevard LB 19 Dallas, Texas 75207-4313 Re: Whether charges for uncertified copies of records of judiciary in district clerk’s office are set by section 9(d) of article […]

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Opinion No. MW-327

Chet Brooks Attorney General of Texas — Opinion. April 24, 1981 MARK WHITE, Attorney General of Texas Honorable Chet Brooks Chairman Senate Committee on Human Resources Room 412 — Archives Building Austin, Texas 78711 Re: May state agency expunge employment records relating to termination Dear Senator Brooks: A former employee of the Texas Parks and […]

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Opinion No. DM-43

John B. Holmes Attorney General of Texas — Opinion. September 17, 1991 DAN MORALES, Attorney General of Texas Honorable John B. Holmes Harris County District Attorney 201 Fannin, Suite 200 Houston, Texas 77002 Re: Whether the acquisition and construction of a monorail transit system is subject to competitive bidding (RQ-64) Dear Mr. Holmes: You ask […]

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Opinion No. JM-450

James A. Rasmussen Attorney General of Texas — Opinion. March 13, 1986 JIM MATTOX, Attorney General of Texas Honorable James A. Rasmussen Wichita County Attorney P.O. Box 8025 Wichita Falls, Texas 76307 Re: Whether article 988b, V.T.C.S., applies to a local public official’s activities in his private capacity as the owner of an automobile garage […]

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Opinion No. MW-130

Bob Bullock Attorney General of Texas — Opinion. January 25, 1980 MARK WHITE, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts LBJ State Office Building Austin, Texas 78744 Re: Authority of a state official to adopt personnel policies and to bargain with a labor organization. Dear Mr. Bullock: You have asked several […]

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Opinion No. GA-0528

EDDIE LUCIO, JR. Attorney General of Texas — Opinion March 8, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Eddie Lucio, Jr. Chair, Committee on International Relations and Trade Texas State Senate Post Office Box 12068 Austin, Texas 78711 Re: Whether a seawall funded from assessments levied pursuant to Local Government Code, chapter 372, […]

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Opinion No. H-955

Ron Jackson Attorney General of Texas — Opinion. March 14, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Ron Jackson Executive Director Texas Youth Council P. O. Box 9999 Austin, Texas 78766 Re: Voting privileges and term of office of chairman of Texas Youth Council. Dear Mr. Jackson: You have requested our opinion […]

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Opinion No. GA-0119

JOSÉ R. RODRIGUEZ Attorney General of Texas — Opinion. November 12, 2003 GREG ABBOTT, Attorney General of Texas The Honorable José R. Rodriguez El Paso County Attorney 500 East San Antonio, Room 503 El Paso, Texas 79901 Re: Whether a school district that does not participate in the state uniform group coverage program is required […]

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Opinion No. GA-0654

TONY GOOLSBY Attorney General of Texas — Opinion August 14, 2008. Page 1 GREG ABBOTT, Attorney General of Texas The Honorable Tony Goolsby Chair, Committee on Administration Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the holder of a rehabilitation permit from the Parks and Wildlife Department is exempt from […]

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Opinion No. JC-0386

John Smithee Attorney General of Texas — Opinion. June 5, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable John Smithee Chair, Insurance Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Collection of payments assessed by a public improvement district […]

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Opinion No. JC-0337

Thomas A. Davis, Jr. Attorney General of Texas — Opinion. February 12, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Thomas A. Davis, Jr., Director Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773-0001 Re: Proper use of magnetic stripe information on […]

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Opinion No. JM-942

John Vance Attorney General of Texas — Opinion. August 19, 1988 JIM MATTOX, Attorney General of Texas Honorable John Vance Criminal District Attorney Dallas County Services Building Dallas, Texas 75202 Re: Whether a county may guarantee loans made to low and moderate income families for housing purposes and related questions (RQ-1337) Dear Mr. Vance: You […]

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Opinion No. DM-462

Ken Armbrister Attorney General of Texas — Opinion. December 19, 1997 DAN MORALES, Attorney General of Texas The Honorable Ken Armbrister Chair, Committee on State Affairs Texas State Senate P.O. Box 12068 Austin, Texas 78711 The Honorable Michael P. Fleming Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002-1891 Re: Whether a former member […]

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Opinion No. H-1243

Henry Wade Attorney General of Texas — Opinion. September 14, 1978 JOHN L. HILL, Attorney General of Texas Honorable Henry Wade District Attorney Sixth Floor Records Building Dallas, Texas 75202 Re: Whether the county clerk is required to mail notice required by section 36.13(e) of the Business and Commerce Code when the commissioners court has […]

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Opinion No. JM-1270

Chet Brooks and Bob McFarland Attorney General of Texas — Opinion. December 21, 1990 JIM MATTOX, Attorney General of Texas Honorable Chet Brooks Chairman Health and Human Services Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Honorable Bob McFarland Chairman Criminal Justice Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: […]

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Opinion No. JM-1280

Bob Bullock Attorney General of Texas — Opinion. December 31, 1990 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Office Building Austin, Texas 78774 Re: Gross receipts assessment for telephone companies under sections 78 through 82 of article 1446c, V.T.C.S., the Public Utility Regulatory Act (RQ-2090) Dear Mr. Bullock: […]

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Opinion No. JC-0004

Judith Zaffirini Attorney General of Texas — Opinion. February 26, 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 a county is authorized to invest county permanent […]

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Opinion No. JM-455

Stephen C. Howard Attorney General of Texas — Opinion. March 20, 1986 JIM MATTOX, Attorney General of Texas Honorable Stephen C. Howard Orange County Attorney Courthouse Orange, Texas 77630 Re: Whether section 45.281(d) of the Government Code prohibiting the private practice of law by the Orange County Attorney, contravenes the equal protection provisions of the […]

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Opinion No. JM-680

Ron Jackson Attorney General of Texas — Opinion. April 17, 1987 JIM MATTOX, Attorney General of Texas Mr. Ron Jackson Executive Director Texas Youth Commission P.O. Box 9999 Austin, Texas 78766 Re: Applicability of the 1985 federal fair labor standards amendments to certain employees of the Texas Youth Commission Dear Mr. Jackson: You ask several […]

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Opinion No. JM-687

George Pierce Attorney General of Texas — Opinion. May 4, 1987 JIM MATTOX, Attorney General of Texas Honorable George Pierce Chairman Urban Affairs Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether purchases made by a housing authority under the Consolidated Supply Program are exempt from competitive bidding requirements Dear Representative […]

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Opinion No. JM-166

Ron Patterson Attorney General of Texas — Opinion. June 13, 1984 JIM MATTOX, Attorney General of Texas Mr. Ron Patterson Executive Director State Property Tax Board 9501 North IH-35 Austin, Texas 78761 Re: Selection process for members of an appraisal district board of directors under section 6.03 of the Tax Code Dear Mr. Patterson: You […]

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