Opinion No. MW-529

Raymon L. Bynum Attorney General of Texas — Opinion. December 22, 1982 MARK WHITE, Attorney General of Texas Mr. Raymon L. Bynum Commissioner of Education Texas Education Agency 201 East Eleventh Street Austin, Texas 78701 Re: Whether an institution of higher education may issue scholarships under section 54.201 of the Education Code to two students […]

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Opinion No. GA-0396

EDDIE ARREDONDO Attorney General of Texas — Opinion. February 9, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Eddie Arredondo Burnet County Attorney Burnet County Courthouse 220 South Pierce Burnet, Texas 78611 Re: Whether the state may continue to collect fines and court costs where no motion to adjudicate has been filed and the […]

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Opinion No. GA-0323

REAGAN E. GREER Attorney General of Texas — Opinion. May 6, 2005 GREG ABBOTT, Attorney General of Texas Mr. Reagan E. Greer Executive Director Texas Lottery Commission Post Office Box 16630 Austin, Texas 78761-6630 Re: Whether the Lottery Commission may sell promotional items to the general public, Commission employees, or vendors with whom the Commission […]

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Opinion No. H-1247

W. E. Snelson Attorney General of Texas — Opinion. September 26, 1978 JOHN L. HILL, Attorney General of Texas Honorable W. E. Snelson Chairman Senate Committee on Intergovernmental Relations State Capitol Austin, Texas 78711 Re: Authority of a county under the Airport Zoning Act. Dear Senator Snelson: You have requested our opinion regarding the authority […]

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Opinion No. GA-0418

HAROLD V. DUTTON Attorney General of Texas — Opinion. March 27, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Harold V. Dutton, Jr. Chair, Committee on Juvenile Justice and Family Issues Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Retroactivity of Property Code section 5.077(c), which relates to liquidated damages […]

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Opinion No. GA-0706

BILL MOORE Attorney General of Texas — Opinion April 8, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Bill Moore Johnson County Attorney Guinn Justice Center 204 South Buffalo Avenue, Suite 410 Cleburne, Texas 76033-5404 Re: Authority of a commissioners court to lease county property to a non-profit organization for less than fair market […]

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Opinion No. JM-201

Erwin W. Barton Attorney General of Texas — Opinion. August 31, 1984 JIM MATTOX, Attorney General of Texas Honorable Erwin W. Barton Chairman Human Services Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether the city of Pasadena is entitled to representation on the Port of Houston Authority Dear Representative Barton: […]

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Opinion No. MW-286

John W. LaGrone Attorney General of Texas — Opinion. December 15, 1980 MARK WHITE, Attorney General of Texas Honorable John W. LaGrone Hutchinson County Attorney Hutchinson County Courthouse Borger, Texas 79007 Re: Whether the wife of an adult probation officer may be employed as a clerk in the probation department Dear Mr. LaGrone: You have […]

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Opinion No. JC-0176

Eddie Lucio, Jr. Attorney General of Texas — Opinion. February 2, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Eddie Lucio, Jr. Chair, Committee on Border Affairs Texas State Senate P.O. Box 12068, GE.4 Austin, Texas 78711 Re: Whether a district clerk may […]

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Opinion No. JM-814A

Patrick O. Hardy Attorney General of Texas — Opinion. October 27, 1987 JIM MATTOX, Attorney General of Texas Honorable Patrick O. Hardy Criminal District Attorney Room 201, Courthouse Woodville, Texas 75979 Re: Clarification of JM-814 See also JM-814b Dear Mr. Hardy: In Attorney General Opinion JM-814 we issued an opinion to you on the question […]

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Opinion No. DM-39

Robert A. MacLean, M.D. Attorney General of Texas — Opinion. September 11, 1991 DAN MORALES, Attorney General of Texas Robert A. MacLean, M.D. Acting Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756-3199 Re: Construction of the public hearing requirement for certain state grants awarded pursuant to the Human Immunodeficiency Virus Services […]

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Opinion No. H-1196

James McGrath Attorney General of Texas — Opinion. June 27, 1978 JOHN L. HILL, Attorney General of Texas Honorable James McGrath Criminal District Attorney Jefferson County Beaumont, Texas 77704 Re: Validity of arrest based on teletyped warrant. Dear Mr. Smith: You ask whether local law enforcement officers may arrest someone under the authority of an […]

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Opinion No. JM-1027

James W. Smith, Jr. Attorney General of Texas — Opinion. March 16, 1989 JIM MATTOX, Attorney General of Texas Honorable James W. Smith, Jr. Frio County Attorney P.O. Box V Pearsall, Texas 78061-1138 Re: Whether certain county road contracts must be competitively bid under court/engineer system, section 3.201 of article 6702-1, V.T.C.S. (RQ-1460) Dear Mr. […]

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Opinion No. H-1027

Wilson E. Speir Attorney General of Texas — Opinion. July 26, 1977 JOHN L. HILL, Attorney General of Texas Honorable Wilson E. Speir Director Texas Department of Public Safety 5805 North Lamar Blvd. Austin, Texas 78773 Re: Whether commissioned officers of the Department of Public Safety must take the constitutional oath of office, and the […]

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Opinion No. JM-1229

James L. Anderson, Jr. and Kay Schlueter Attorney General of Texas — Opinion. October 4, 1990 JIM MATTOX, Attorney General of Texas Honorable James L. Anderson, Jr. County Attorney Aransas County, Texas 301 N. Live Oak Rockport, Texas 78382 Ms. Kay Schlueter Director State Law Library Supreme Court Building P.O. Box 12367 Austin, Texas 78711-2367 […]

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Opinion No. JM-70

Reynaldo S. Cantu, Jr. Attorney General of Texas — Opinion. September 19, 1983 JIM MATTOX, Attorney General of Texas Honorable Reynaldo S. Cantu, Jr. Criminal District Attorney Cameron County Hall of Justice 974 E. Harrison Street Brownsville, Texas 78520 Re: County budget for prosecuting attorney’s fees Dear Mr. Cantu: You have requested our opinion regarding […]

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Opinion No. JC-0291

Louis W. Conradt, Jr. Attorney General of Texas — Opinion. October 10, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Louis W. Conradt, Jr. Criminal District Attorney Kaufman County Courthouse Kaufman, Texas 75142 Re: Whether a county development district created under chapter 383 […]

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Opinion No. JM-343

Bob Bullock Attorney General of Texas — Opinion. August 23, 1985 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Applicability of article V, section 86 of the General Appropriations Act, which requires the filing of financial statements by state employees Dear Mr. […]

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Opinion No. GA-0786

VERONICA GONZALES Attorney General of Texas — Opinion July 23, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Veronica Gonzales Chair, Committee on Border and Intergovernmental Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the common-law doctrine of incompatibility prohibits a member of the board of directors of […]

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Opinion No. DM-23

John Sharp Attorney General of Texas — Opinion. May 2, 1991 DAN MORALES, Attorney General of Texas Honorable John Sharp Comptroller of Public Accounts L.B.J. State Office Bldg. Austin, Texas 78774 Re: Whether the legislature may authorize expense payments to members of the legislature (RQ-73) Dear Mr. Sharp: You ask whether the legislature may “authorize […]

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Opinion No. JM-947

Tim Curry Attorney General of Texas — Opinion. August 26, 1988 JIM MATTOX, Attorney General of Texas Honorable Tim Curry Criminal District Attorney Tarrant County 200 West Belknap Street Fort Worth, Texas 76196 Re: Whether a commissioners court may require performance evaluations of assistant district attorneys not covered by civil service, and related questions (RQ-1198) […]

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Opinion No. MW-177

Wilhelmina Delco Attorney General of Texas — Opinion. May 1, 1980 MARK WHITE, Attorney General of Texas Honorable Wilhelmina Delco Committee on Higher Education P. O. Box 2910 Austin, Texas 78769 Re: Whether various state statutes apply to Higher Education Authorities created under chapter 53 of the Texas Education Code. Dear Representative Delco: You ask […]

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Opinion No. JM-893

Carlos Valdez Attorney General of Texas — Opinion. April 14, 1988 JIM MATTOX, Attorney General of Texas Honorable Carlos Valdez Nueces County Attorney Nueces County Courthouse Room 206 901 Leopard Corpus Christi, Texas 78401 Re: Whether a tax exemption for non-income-producing recreational boats applies to all such boats that were on the tax rolls as […]

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Opinion No. JC-0114

Jay Kimbrough Attorney General of Texas — Opinion. September 24, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Jay Kimbrough Executive Director Texas Board of Private Investigators and Private Security Agencies P.O. Box 13509 Austin, Texas 78711 Re: Whether a municipality that offers alarm […]

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Opinion No. H-1215

Charles F. Blackburn Attorney General of Texas — Opinion. July 25, 1978 JOHN L. HILL, Attorney General of Texas Mr. Charles F. Blackburn Executive Secretary State Board of Barber Examiners 5555 N. Lamar H 11 Austin, Texas 78751 Re: Limitation on business activities of barber inspectors and on members of the Board of Barber Examiners. […]

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Opinion No. JM-500

Chet Brooks Attorney General of Texas — Opinion. June 19, 1986 JIM MATTOX, Attorney General of Texas Honorable Chet Brooks Chairman Health and Human Resources Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Proper location of a Class D pharmacy Dear Senator Brooks: You ask several questions regarding the statutory construction of […]

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Opinion No. JM-382

Bob Bullock Attorney General of Texas — Opinion. November 20, 1985 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Building Austin, Texas 78774 Re: Per diem for members of state boards and commissions Dear Mr. Bullock: You ask several questions regarding the scope and application of a rider to […]

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Opinion No. DM-240

William R. Ratliff Attorney General of Texas — Opinion. July 26, 1993 DAN MORALES, Attorney General of Texas Honorable William R. Ratliff Chair Education Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Construction of Senate Bill 1342, Acts 1993, 73d Leg., ch. 964, which prohibits a school district from contracting with a […]

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Opinion No. JM-1269

Bruce Gibson Attorney General of Texas — Opinion. December 21, 1990 JIM MATTOX, Attorney General of Texas Honorable Bruce Gibson Chairman House Government Organization Committee P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the homestead provision of the Texas Constitution has been preempted by federal legislation regulating savings and loan associations and other lending institutions […]

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Opinion No. DM-54

John Hall Attorney General of Texas — Opinion. November 4, 1991 DAN MORALES, Attorney General of Texas Honorable John Hall Chairman Texas Water Commission P. O. Box 13087, Capitol Station Austin, Texas 78711-3087 Re: Whether Attorney General Opinion O-3205-A (1941), which held that the predecessor to section 28.011 of the Texas Water Code was an […]

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Opinion No. DM-478

Delmar L. Cain Attorney General of Texas — Opinion. June 10, 1998 DAN MORALES, Attorney General of Texas Mr. Delmar L. Cain General Counsel The Texas AM University System 301 Tarrow, 6th Floor College Station, Texas 77843-1230 Re: Whether recently enacted Government Code section 551.126, an Open Meetings Act provision authorizing governmental bodies to hold […]

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Opinion No. JM-749

John Vance Attorney General of Texas — Opinion. July 15, 1987 JIM MATTOX, Attorney General of Texas Honorable John Vance District Attorney Services Building Dallas, Texas 75202 Re: Acceptance of credit cards in payment of fines, fees and other charges Dear Mr. Vance: You ask several questions relating to a recently enacted statute which enables […]

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Opinion No. JC-0560

STEVEN D. WOLENS Attorney General of Texas — Opinion. October 4, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Steven D. Wolens Chair, House Committee on State Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Public Information […]

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Opinion No. DM-83

Doyle Willis Attorney General of Texas — Opinion. January 30, 1992 DAN MORALES, Attorney General of Texas Honorable Doyle Willis Chairman General Investigating Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Application of article III, section 47(b), of the Texas Constitution, which imposes limitations on the kinds of organizations that […]

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Opinion No. JM-667

Stan Schlueter Attorney General of Texas — Opinion. April 6, 1987 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: Assessment of additional tax under section 23.55 of the Property Tax Code, relating to valuation of land used for […]

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Opinion No. JM-1043

Carmen Rivera-Worley Attorney General of Texas — Opinion. May 1, 1989 JIM MATTOX, Attorney General of Texas Honorable Carmen Rivera-Worley Val Verde County Attorney 207 Losoya Street Del Rio, Texas 78840 Re: Whether a commissioner’s court may enter into a lease with an option to extend, and related questions (RQ-1558) Dear Ms. Rivera-Worley: You ask: […]

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Opinion No. GA-0152

TRAVIS J. KOEHN Attorney General of Texas — Opinion. February 19, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Travis J. Koehn Austin County Criminal District Attorney One East Main Bellville, Texas 77418-1598 Re: Whether a county clerk may charge a fee for posting an Open Meetings Act notice (RQ-0099-GA) Dear Mr. Koehn: You […]

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Opinion No. JM-958

T.R. Fehrenbach Attorney General of Texas — Opinion. September 28, 1988 JIM MATTOX, Attorney General of Texas Mr. T.R. Fehrenbach Chairman Texas Antiquities Committee P.O. Box 12276 Austin, Texas 78711 Re: Jurisdiction of the State Antiquities Committee over property held by an independent school district (RQ-1404) Dear Mr. Fehrenbach: On behalf of the Texas Antiquities […]

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Opinion No. MW-475

Al Hurley Attorney General of Texas — Opinion. May 20, 1982 MARK WHITE, Attorney General of Texas Mr. Al Hurley President North Texas State University P. O. Box 13426 Denton, Texas 76203 Re: Authority of state universities to execute contractual indemnity agreements, and related questions Dear Mr. Hurley: You have asked about the authority of […]

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Opinion No. H-1229A

Richard D. Latham Attorney General of Texas — Opinion. August 23, 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: Voting rights in limited partnerships. Dear Mr. Latham: The Attorney General has received numerous requests to reconsider the […]

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Opinion No. GA-0365

COLONEL THOMAS A. DAVIS JR Attorney General of Texas — Opinion. October 6, 2005. GREG ABBOTT, Attorney General of Texas Colonel Thomas A. Davis Jr., Director Texas Department of Public Safety 5805 North Lamar Boulevard Post Office Box 4087 Austin, Texas 78773-0001 Re: Whether a peace officer commissioned by the Texas Department of Public Safety […]

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Opinion No. GA-0855

JOE SHANNON, JR Attorney General of Texas — Opinion April 28, 2011 GREG ABBOTT, Attorney General of Texas The Honorable Joe Shannon, Jr. Tarrant County Criminal District Attorney Tim Curry Criminal Justice Center 401 West Belknap Fort Worth, Texas 76196-0201 Re: Whether Texas Health and Safety Code section 773.008(2) authorizes a court of record, independently […]

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Opinion No. JM-1019

David R. White, Jr. Attorney General of Texas — Opinion. February 23, 1989 JIM MATTOX, Attorney General of Texas Honorable David R. White, Jr. County Attorney 120 East North Street Uvalde, Texas 78801 Re: Salary of commissioners in Uvalde County, and related questions (RQ-1585) Dear Mr. White: You ask the following questions: 1. Can the […]

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Opinion No. JC-0122

Tim Curry Attorney General of Texas — Opinion. October 7, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Tim Curry Criminal District Attorney 401 West Belknap Street Fort Worth, Texas 76196-0201 Re: Whether a purchase from jail-commissary proceeds is subject to statutory competitive […]

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Opinion No. JM-1142

Hugh Parmer Attorney General of Texas — Opinion. February 12, 1990 JIM MATTOX, Attorney General of Texas Honorable Hugh Parmer Chairman Committee on Inter-governmental Relations Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Types of retirement plans that appraisal districts may offer their employees (RQ-1778) Dear Senator Parmer: We understand you to […]

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Opinion No. JC-0160

Debra Danburg Attorney General of Texas — Opinion. December 29, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn spacer shim The Honorable Debra Danburg Chair, Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether an ad hoc intergovernmental working […]

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Opinion No. JM-74

James W. Smith, Jr. Attorney General of Texas — Opinion. September 19, 1983 JIM MATTOX, Attorney General of Texas Honorable James W. Smith, Jr. Frio County Attorney P. O. Box V Pearsall, Texas 78061 Re: Whether penalties established by section 6.06(e) of the Tax Code for late payment of taxing entity assessments may be rescinded […]

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Opinion No. JM-858

Dudley Harrison Attorney General of Texas — Opinion. February 17, 1988 JIM MATTOX, Attorney General of Texas Honorable Dudley Harrison Chairman Agriculture and Livestock Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Responsibility of a hospital district to provide medical care for the needy inhabitants of the district and related […]

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Opinion No. GA-0854

VINCE RYAN Attorney General of Texas — Opinion April 1, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Vince Ryan Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 Re: Authority of the Harris County Department of Education to operate an on-site health clinic for its employees (RQ-0928-GA) Dear Mr. Ryan: On behalf […]

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Opinion No. DM-271

Ray Farabee Attorney General of Texas — Opinion. November 8, 1993 DAN MORALES, Attorney General of Texas Mr. Ray Farabee General Counsel The University of Texas System Office of General Counsel 201 West Seventh Street Austin, Texas 78701-2981 Re: Whether The University of Texas System is authorized to limit the number of vendors offering products […]

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Opinion No. GA-0708

JIM PITTS Attorney General of Texas — Opinion April 15, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Jim Pitts Chair, Committee on Appropriations Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the Edwards Aquifer Authority may promulgate rules prohibiting certain permits or contracts with recharge facilities constructed prior […]

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Opinion No. DM-231

Fred S. Brinkley, Jr. Attorney General of Texas — Opinion. June 24, 1993 DAN MORALES, Attorney General of Texas Mr. Fred S. Brinkley, Jr., R.Ph. Executive Director/Secretary Texas State Board of Pharmacy 8505 Cross Park Drive, Suite 110 Austin, Texas 78754-4594 Re: Whether a quorum of a licensing board attending a licensee disciplinary hearing conducted […]

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Opinion No. JC-0197

Sherri Greenberg Attorney General of Texas — Opinion. March 17, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Sherri Greenberg Chair, Committee on Pensions Investments Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether section 49.069(b) of the Water Code […]

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Opinion No. DM-434

Fred Hill Attorney General of Texas — Opinion. March 5, 1997 DAN MORALES, Attorney General of Texas The Honorable Fred Hill Chair, Committee on Urban Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether public housing authorities may administer federal housing assistance program involving payment of rent outside of their geographical […]

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Opinion No. H-1134

James F. Hury, Jr. Attorney General of Texas — Opinion. March 13, 1978 JOHN L. HILL, Attorney General of Texas Honorable James F. Hury, Jr. Criminal District Attorney Galveston County 405 Galveston County Courthouse Galveston, Texas 77550 Re: Jurisdiction of county courts at law in Galveston County. Dear Mr. Hury: You ask whether the County […]

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Opinion No. JC-0557

WARREN CHISUM Attorney General of Texas — Opinion. September 20, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Warren Chisum Chair, House Committee on Environmental Regulation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a member of a school […]

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Opinion No. JM-618

Marlin W. Johnston Attorney General of Texas — Opinion. January 12, 1987 JIM MATTOX, Attorney General of Texas Mr. Marlin W. Johnston Commissioner Department of Human Services P.O. Box 2960 Austin, Texas 78769 Re: Authority of the Department of Human Services to select a long-distance telephone carrier for all of its offices with a single […]

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Opinion No. H-1202

Reagan V. Brown Attorney General of Texas — Opinion. July 5, 1978 JOHN L. HILL, Attorney General of Texas Honorable Reagan V. Brown Commissioner Texas Department of Agriculture P. O. Box 12847 Austin, Texas 78711 Re: Whether the Texas Department of Agriculture may issue a nursery inspection certificate based on inspection of premises when no […]

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Opinion No. DM-19

D.C. Jim Dozier Attorney General of Texas — Opinion. April 24, 1991 DAN MORALES, Attorney General of Texas Honorable D.C. Jim Dozier County Attorney Montgomery County Courthouse Conroe, Texas 77301 Re: Disposition of proceeds generated by inmates’ use of pay telephones in a county jail (RQ-2) Dear Mr. Dozier; You ask about the proper disposition […]

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Opinion No. JM-1003

Bob Bullock Attorney General of Texas — Opinion. January 9, 1989 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Bldg. Austin, Texas 78774 Re: Whether foreign-produced or foreign-acquired alcohol qualifies for a credit claimed by a distributor on a gasoline/alcohol mixture under section 153.123 of the Tax […]

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Opinion No. JM-701

Jim Dozier Attorney General of Texas — Opinion. May 18, 1987 JIM MATTOX, Attorney General of Texas Honorable D.C. Jim Dozier Montgomery County Attorney Courthouse Conroe, Texas 77301 Re: Whether a magistrate may require as a precondition for obtaining a trial, the posting of an appearance bond in minor traffic offense cases under article 6701d, […]

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Opinion No. DM-472

Hugo Berlanga Attorney General of Texas — Opinion. March 30, 1998 DAN MORALES, Attorney General of Texas The Honorable Hugo Berlanga Chairman, Committee on Public Health Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Oliver R. Smith, Jr., D.C. President Texas Board of Chiropractic Examiners 333 Guadalupe, Tower III, Suite 825 Austin, Texas […]

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Opinion No. MW-484

William P. Clements, Jr. Attorney General of Texas — Opinion. July 5, 1982 MARK WHITE, Attorney General of Texas Honorable William P. Clements, Jr. Governor of the State of Texas Office of the Governor State Capitol Building Austin, Texas 78711 Re: Texas Deepwater Port Authority Dear Governor Clements: You ask whether there is statutory authority […]

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Opinion No. JC-0066

Kenneth Armbrister Attorney General of Texas — Opinion. June 10, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Kenneth Armbrister Chair, Criminal Justice Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: May city remit payments to Texas Municipal Retirement System […]

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Opinion No. JC-0549

TOM RAMSAY 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 Tom Ramsay Chair, County Affairs Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether article 1.051 of the Texas Code of […]

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Opinion No. H-1002

Don S. Caldwell, Jr. Attorney General of Texas — Opinion. May 27, 1977 JOHN L. HILL, Attorney General of Texas Honorable Don S. Caldwell, Jr. District/County Attorney Limestone County Groesbeck, Texas 76642 Re: Appointment of special deputy sheriffs. Dear Mr. Caldwell: You have requested our opinion concerning the authority of a sheriff to appoint or […]

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Opinion No. DM-437

Tim Curry Attorney General of Texas — Opinion. April 11, 1997 DAN MORALES, Attorney General of Texas The Honorable Tim Curry Criminal District Attorney Tarrant County 401 West Belknap Street, Justice Center Fort Worth, Texas 76196-0201 Re: Whether a district court is authorized to require a defendant to post a warning sign at his residence […]

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Opinion No. GA-0821

ELIZABETH MURRAY-KOLB Attorney General of Texas — Opinion November 19, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Elizabeth Murray-Kolb Guadalupe County Attorney 101 East Court Street, Suite 104 Seguin, Texas 78155-5779 Re: Whether a political subdivision, including a home-rule city, is required to pay impact fees imposed by another political subdivision under chapter […]

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Opinion No. DM-334

D. August Boto Attorney General of Texas — Opinion. March 21, 1995 DAN MORALES, Attorney General of Texas Honorable D. August Boto Cooke County Attorney 3rd Floor, Courthouse Gainesville, Texas 76240 Re: Whether a victim of delinquent conduct by a child may be a person having a “legitimate interest in the proceeding” for purposes of […]

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Opinion No. JM-611

Al Luna Attorney General of Texas — Opinion. December 31, 1986 JIM MATTOX, Attorney General of Texas Honorable Al Luna Chairman Science and Technology Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Residence of persons who winter in Texas, for purposes of voting, operating a motor vehicle, certificates of title, and […]

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Opinion No. JM-919

Stan Schlueter Attorney General of Texas — Opinion. June 21, 1988 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: Whether the directors of a taxing unit are permitted to waive interest and penalties on a tax payment delinquent […]

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Opinion No. JM-45

Bob Bush Attorney General of Texas — Opinion. July 25, 1983 JIM MATTOX, Attorney General of Texas Honorable Bob Bush Chairman Committee on Judiciary Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Whether an outside auditor who contracts to perform for a school district is subject to article 5996a, V.T.C.S., the […]

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Opinion No. DM-449

John Vance Attorney General of Texas — Opinion. August 29, 1997 DAN MORALES, Attorney General of Texas The Honorable John Vance Dallas County District Attorney Administration Building 411 Elm Street Dallas, Texas 75202 Re: Whether filing of appeal bond, or affidavit of inability in lieu thereof, excuses justice court appellant from requirements of rule 143a […]

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Opinion No. MW-256

Bob Bullock Attorney General of Texas — Opinion. October 10, 1980 MARK WHITE, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts LBJ State Office Building Austin, Texas 78774 Re: Assessment ratio applicable in calculating the alternative state franchise tax base in article 12.01(1)(b), Taxation General Dear Mr. Bullock: You inquire about the […]

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Opinion No. DM-220

Ben W. Childers Attorney General of Texas — Opinion. April 27, 1993 DAN MORALES, Attorney General of Texas Honorable Ben W. Childers Fort Bend County Attorney 309 South Fourth St., Suite 621 Richmond, Texas 77469 Re: Whether the Fort Bend County Tax Assessor/Collector may collect additional taxes for change of use of agricultural land in […]

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Opinion No. JM-592

David V. Brandon Attorney General of Texas — Opinion. December 24, 1986 JIM MATTOX, Attorney General of Texas Mr. David V. Brandon Executive Director Texas Economic Development Commission P.O. Box 12728 Austin, Texas 78711 Re: Term of office of members of the Texas World Trade Council Dear Mr. Brandon: You ask when the terms of […]

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Opinion No. JC-0259

Jeri Yenne 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 Jeri Yenne Brazoria County Criminal District Attorney 111 East Locust, Suite 408A Angleton, Texas 77515 Re: Whether a recent amendment to article 42.01, section 2 […]

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Opinion No. JM-811

Barry L. Macha Attorney General of Texas — Opinion. October 20, 1987 JIM MATTOX, Attorney General of Texas Honorable Barry L. Macha Criminal District Attorney Wichita County Courthouse Wichita Falls, Texas 76301 Re: Authority of a general law city to enact ordinances affecting city-owned property outside the city’s corporate limits and extraterritorial jurisdiction Dear Mr. […]

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Opinion No. GA-0238

SUSAN D. REED Attorney General of Texas — Opinion. August 25, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Susan D. Reed Bexar County Criminal District Attorney Bexar County Justice Center 300 Dolorosa, Fifth Floor San Antonio, Texas 78205-3030 Re: Whether deputy sheriffs are “police officers” for purposes of Local Government Code chapter 174, […]

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Opinion No. GA-0453

RAYMUND A. PAREDES Attorney General of Texas — Opinion. September 5, 2006. GREG ABBOTT, Attorney General of Texas Raymund A. Paredes, Ph.D. Commissioner of Higher Education Texas Higher Education Coordinating Board Post Office Box 12788 Austin, Texas 78711 Re: Procedures for an election to approve the annexation of territory by a junior college district (RQ-0474-GA) […]

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Opinion No. GA-0668

GREG ABBOTT Attorney General of Texas — Opinion October 6, 2008. GREG ABBOTT, Attorney General of Texas The Honorable Jeff Wentworth Chair, Committee on Jurisprudence Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, chapter 551, Government Code (RQ-0696-GA) […]

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Opinion No. MW-386

John T. Montford Attorney General of Texas — Opinion. November 6, 1981 MARK WHITE, Attorney General of Texas Honorable John T. Montford Criminal District Attorney 2nd Floor, County Courthouse Lubbock, Texas 79401 Re: Application of articles 43.09 and 42.03 of the Code of Criminal Procedure to the justice courts Dear Mr. Montford: You ask two […]

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Opinion No. JM-797

Henry B. Keene Attorney General of Texas — Opinion. September 25, 1987 JIM MATTOX, Attorney General of Texas Mr. Henry B. Keene Chairman Board of Pardons and Paroles P.O. Box 13401 Capitol Station Austin, Texas 78711 Re: Whether a full pardon is equivalent to a restoration of citizenship under section 24 of article 42.12, Code […]

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Opinion No. GA-0496

JIM PITTS Attorney General of Texas — Opinion. December 22, 2006. GREG ABBOTT, Attorney General of Texas. The Honorable Jim Pitts Chair, Committee on Appropriations Texas House of Representatives. Post Office Box 2910 Austin, Texas 78768-2910 Re: Education Code section 11.168 and its effect on an independent school district’s authority to build or pay for […]

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Opinion No. MW-346

Oscar H. Mauzy Attorney General of Texas — Opinion. May 29, 1981 MARK WHITE, Attorney General of Texas Honorable Oscar H. Mauzy Chairman Committee on Jurisprudence Texas State Senate Austin, Texas 78711 Re: Constitutionality of provisions regulating abortion Dear Senator Mauzy: You have requested our opinion regarding the constitutionality of House Bill 578, presently pending […]

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Opinion No. JM-1083

Galen Ray Sumrow Attorney General of Texas — Opinion. August 8, 1989 JIM MATTOX, Attorney General of Texas Honorable Galen Ray Sumrow Criminal District Attorney Rockwall County Courthouse Rockwall, Texas 75087 Re: Whether an individual may be employed as a chief deputy for a county tax assessor-collector and as an official court reporter for a […]

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Opinion No. JM-102

Ray Keller Attorney General of Texas — Opinion. December 29, 1983 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 constable or sheriff may appoint full-time deputies who receive no compensation Dear Representative Keller: You have requested […]

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Opinion No. GA-0684

David L. Lakey, M.D. Attorney General of Texas — Opinion November 20, 2008. Page 1 KENT C. SULLIVAN, First Assistant Attorney General David L. Lakey, M.D. Commissioner Texas Department of State Health Services 1100 West 49th Street Austin, Texas 78756 Re: Whether the federal Airline Deregulation Act preempts the state statute and regulation authorizing an […]

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Opinion No. JM-358

Tim Curry Attorney General of Texas — Opinion. October 1, 1985 JIM MATTOX, Attorney General of Texas Honorable Tim Curry Criminal District Attorney 200 West Belknap Street Fort Worth, Texas 76196 Re: Whether a separate docket sheet is required for the criminal docket kept by district clerks Dear Mr. Curry: You inquire whether a district […]

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Opinion No. GA-0862

JEFF WENTWORTH Attorney General of Texas — Opinion June 16, 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: Authority of a Type A general-law municipality to adopt and enforce an ordinance prohibiting the discharge of […]

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Opinion No. DM-149

Michael Hines Attorney General of Texas — Opinion. August 12, 1992 DAN MORALES, Attorney General of Texas Mr. Michael Hines Executive Director Texas Commission on Fire Protection P. O. Box 1607 Austin, Texas 78767 Re: Whether section 2(g) of the Open Meetings Act permits an executive session discussion about persons considered for appointment to advisory […]

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Opinion No. H-1024

Joe A. Hubenak Attorney General of Texas — Opinion. July 18, 1977 JOHN L. HILL, Attorney General of Texas Hon. Joe A. Hubenak, Chairman House Committee on Agriculture and Livestock Texas House of Representatives State Capitol Austin, Texas 78701 Re: Authority of counties bordering Gulf of Mexico or its tidewater limits to enact flood control […]

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Opinion No. JM-95

Mike Driscoll Attorney General of Texas — Opinion. November 10, 1983 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Duplicate microfilm copies of real property records Dear Mr. Driscoll: You have asked the following questions: 1. Is the county clerk required to provide […]

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Opinion No. JC-0201

William H. Kuntz, Jr. Attorney General of Texas — Opinion. March 21, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. William H. Kuntz, Jr. Executive Director Texas Department of Licensing and Regulation 920 Colorado Austin, Texas 78701 Re: Whether the Department of Licensing and […]

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Opinion No. H-970

Joe Resweber Attorney General of Texas — Opinion. April 4, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas 77002 Re: Filing of assumed name certificates of limited partnerships. Dear Mr. Resweber: You have asked four questions about the duties of the county clerk […]

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Opinion No. JM-67

Lyndon L. Olson, Jr. Attorney General of Texas — Opinion. August 18, 1983 JIM MATTOX, Attorney General of Texas Mr. Lyndon L. Olson, Jr. Chairman State Board of Insurance 1110 San Jacinto Boulevard Austin, Texas 78786 Re: Whether the Texas Catastrophe Property Insurance Association is subject to the Administrative Procedure Act Dear Mr. Olson: You […]

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Opinion No. JC-0416

René O. Oliveira Attorney General of Texas — Opinion. September 26, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable René O. Oliveira Chair, House Committee on Ways and Means Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Texas […]

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Opinion No. GA-0893

CHARLIE GEREN Attorney General of Texas — Opinion November 22, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Charlie Geren Chair, Committee on House Administration Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a city that has adopted civil service rules for its police officers under chapter 143 of […]

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Opinion No. GA-0537

RUTH JONES McCLENDON Attorney General of Texas — Opinion April 12, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Ruth Jones McClendon Chair, Committee on Rules and Resolutions Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether Juneteenth USA, a 501(c)(3) charitable organization, is entitled to receive a property tax […]

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Opinion No. JC-0073

Rob Hofmann 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 Rob Hofmann Mason County Attorney County Courthouse P.O. Box 157 Mason, Texas 76856 Re: Whether a commissioners court may accept a donation conditioned upon spending […]

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