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. JM-774

Garry Mauro Attorney General of Texas — Opinion. August 25, 1987 JIM MATTOX, Attorney General of Texas Honorable Garry Mauro Commissioner General Land Office Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701 Re: Whether the Veterans Land Board may impose a fee for delivery of a paid-in-full deed to a purchaser under […]

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Opinion No. MW-200

Henry Wade Attorney General of Texas — Opinion. July 7, 1980 MARK WHITE, Attorney General of Texas Honorable Henry Wade Dallas District Attorney 6th Floor, Records Building Dallas, Texas 75202 Re: Office space in courthouse for news media and title companies; telephone for news media Dear Mr. Wade: You have requested our opinion regarding the […]

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Opinion No. MW-306

Oscar H. Mauzy Attorney General of Texas — Opinion. March 17, 1981 MARK WHITE, Attorney General of Texas Honorable Oscar H. Mauzy Chairman Senate Committee on Jurisprudence State Capitol Austin, Texas 78711 Re: Constitutionality of section 3e(a) of article 42.12 of the Code of Criminal Procedure Dear Senator Mauzy: You have requested our opinion regarding […]

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Opinion No. GA-0851

MIKE JACKSON Attorney General of Texas — Opinion March 30, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Mike Jackson Chair, Committee on Economic Development Tex as State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Restrictions on a municipality’s use of certain reserve funds originally generated from a hotel occupancy tax (RQ-0924-GA) […]

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Opinion No. H-1280

Wm. J. Benardino Attorney General of Texas — Opinion. December 13, 1978 JOHN L. HILL, Attorney General of Texas Honorable Wm. J. Benardino Montgomery County Attorney 126 Courthouse Conroe, Texas 77301 Re: Whether a county has authority to make expenditures for purpose of controlling hydrilla. Dear Mr. Benardino: You have requested our opinion regarding the […]

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Opinion No. DM-206

Mary Sapp Attorney General of Texas — Opinion. March 16, 1993 DAN MORALES, Attorney General of Texas Ms. Mary Sapp Executive Director Texas Department on Aging P.O. Box 12786 Austin, Texas 78711 Re: Whether the Human Resources Code section 101.063 provides immunity to volunteer ombudsmen in the Texas Department on Aging long term care ombudsman […]

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Opinion No. MW-418

James A. Adkins Attorney General of Texas — Opinion. December 29, 1981 MARK WHITE, Attorney General of Texas Mr. James A. Adkins Acting Commissioner Texas Department of Mental Health and Mental Retardation P. O. Box 12668 Austin, Texas 78711 Re: Whether state employees may hold full time and part time jobs at the same facility […]

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Opinion No. GA-0713

RODNEY W. ANDERSON Attorney General of Texas — Opinion May 6, 2009. GREG ABBOTT, Attorney General of Texas. The Honorable Rodney W. Anderson Brazos County Attorney 300 East 26th Street, Suite 325 Bryan, Texas 77803 Re: Authority of a justice of the peace in a proceeding under section 25.094, Education Code (RQ-0762-GA) Dear Mr. Anderson: […]

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Opinion No. JM-1223

A.W. Pogue Attorney General of Texas — Opinion. September 17, 1990 JIM MATTOX, Attorney General of Texas Mr. A.W. Pogue Commissioner State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998 Re: Definition of “resident” for purposes of article 21.28-D of the Texas Insurance Code (RQ-2007) Dear Commissioner Pogue: Your questions, as set out in […]

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Opinion No. JM-914

Charles D. Travis Attorney General of Texas — Opinion. June 3, 1988 JIM MATTOX, Attorney General of Texas Mr. Charles D. Travis Executive Director Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Conflict between provisions of the Parks and Wildlife Code (RQ-1351) See also JM-914a Dear Mr. Travis: The 69th Legislature […]

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Opinion No. DM-283

James M. Kuboviak and Mike Driscoll Attorney General of Texas — Opinion. January 10, 1994 DAN MORALES, Attorney General of Texas Honorable James M. Kuboviak Brazos County Attorney Brazos County Courthouse Bryan, Texas 77803 Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002-1891 Re: Whether section 291.007 of the Local Government […]

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Opinion No. JM-222

Margaret Moore Attorney General of Texas — Opinion. October 26, 1984 JIM MATTOX, Attorney General of Texas Honorable Margaret Moore Travis County Attorney P.O. Box 1748 Austin, Texas 78767 Re: Whether article 4413(29bb) requires unarmed security personnel who are employees of individual retailers to register with the Texas Board of Private Investigators and Private Security […]

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Opinion No. JM-196

Charles D. Travis Attorney General of Texas — Opinion. August 30, 1984 JIM MATTOX, Attorney General of Texas Mr. Charles D. Travis Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Construction of section 66.216 of the Parks and Wildlife Code prohibiting possession of a fish having the head […]

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Opinion No. JC-0263

Russell W. Malm Attorney General of Texas — Opinion. August 7, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Russell W. Malm Midland County Attorney 200 West Wall Street, Suite 104 Midland, Texas 79701 Re: Authority of a sheriff to organize and participate […]

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Opinion No. JM-1204

Benjamin Euresti, Jr. Attorney General of Texas — Opinion. August 8, 1990 JIM MATTOX, Attorney General of Texas Honorable Benjamin Euresti, Jr. Cameron County Attorney Cameron County Courthouse 974 E. Harrison Street Brownsville, Texas 78520 Re: Whether an uncompensated commissioner of a county housing authority may receive mileage credits attributable to authority travel (RQ-1979) Dear […]

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Opinion No. GA-0665

SUSAN COMBS Attorney General of Texas — Opinion September 16, 2008. GREG ABBOTT, Attorney General of Texas The Honorable Susan Combs Comptroller of Public Accounts Post Office Box 13528 Austin, Texas 78711-3528 Re: Whether an applicant who has a leasehold interest in “qualified property” is eligible to apply for a limitation on the appraised value […]

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Opinion No. JM-1030

Dennis R. Jones Attorney General of Texas — Opinion. March 23, 1989 JIM MATTOX, Attorney General of Texas Mr. Dennis R. Jones Commissioner Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, Texas 78711-2668 Re: Authority of the Texas Department of Mental Health and Mental Retardation to transfer funds for start-up costs […]

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Opinion No. JC-0379

Cynthia S. Vaughn, D.C. Attorney General of Texas — Opinion. May 23, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Dr. Cynthia S. Vaughn, D.C. President, Texas Board of Chiropractic Examiners 333 Guadalupe, Suite 3-825 Austin, Texas 78701-3942 Re: Whether a licensed acupuncturist may perform […]

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Opinion No. JM-1130

Terral Smith Attorney General of Texas — Opinion. December 29, 1989 JIM MATTOX, Attorney General of Texas Honorable Terral Smith Chairman Natural Resources Committee House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Familial relationships as a disqualification for membership on the board of the Barton Springs-Edwards Aquifer Conservation District (RQ-1799) Dear Mr. Smith: […]

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Opinion No. MW-237

Ron Jackson Attorney General of Texas — Opinion. September 9, 1980 MARK WHITE, Attorney General of Texas Mr. Ron Jackson Executive Director Texas Youth Council 8900 Shoal Creek Boulevard Austin, Texas 78766 Re: Whether Texas Youth Council may provide residential care to an individual on adult probation Dear Mr. Jackson: The Texas Youth Council (TYC) […]

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Opinion No. JM-639

Marvin J. Titzman Attorney General of Texas — Opinion. February 26, 1987 JIM MATTOX, Attorney General of Texas Mr. Marvin J. Titzman Executive Director Texas Surplus Property Agency P.O. Box 8120 San Antonio, Texas 78208 Re: Whether members of the Texas Surplus Property Agency Board are eligible to participate in the Employees Retirement System Dear […]

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Opinion No. JM-827

Terral R. Smith Attorney General of Texas — Opinion. November 25, 1987 JIM MATTOX, Attorney General of Texas Honorable Terral R. Smith Chairman Natural Resources Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Authority of an Underground Water Conservation District created under the authority of article XVI, section 59, of the […]

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Opinion No. GA-0864

GLENN HEGAR Attorney General of Texas — Opinion July 28, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Glenn Hegar Chair, Sunset Advisory Commission Texas State Senate Post Office Box 12068 Austin, Texas 78711 Re: Validity and enforceability of certain types of restrictive covenants (RQ-0918-GA) Dear Senator Hegar: You ask seven questions concerning the […]

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Opinion No. H-1069

Romeo Flores Attorney General of Texas — Opinion. October 11, 1977 JOHN L. HILL, Attorney General of Texas Honorable Romeo Flores Attorney for Jim Wells County P. O. Drawer 2080 Alice, Texas 78332 Re: Whether a justice of the peace who moves outside his precinct vacates his office. Dear Mr. Flores: You have requested our […]

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Opinion No. H-1246

Henry Wade Attorney General of Texas — Opinion. September 20, 1978 JOHN L. HILL, Attorney General of Texas Honorable Henry Wade District Attorney 6th Floor Records Building Dallas, Texas 75202 Re: County law library branches. Dear Mr. Wade: You have asked if the Dallas County Commissioners Court may establish a branch of the Dallas County […]

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Opinion No. DM-374

Ray Farabee Attorney General of Texas — Opinion. January 25, 1996 DAN MORALES, Attorney General of Texas Mr. Ray Farabee Office of General Counsel The University of Texas System 201 West Seventh Street Austin, Texas 78701-2981 Re: Whether the El Paso County Water Improvement District No. 1 may, pursuant to chapter 55, subchapter N of […]

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Opinion No. H-1194

Cue D. Boykin Attorney General of Texas — Opinion. June 26, 1978 JOHN L. HILL, Attorney General of Texas Honorable Cue D. Boykin Chairman Texas Industrial Accident Board L.B.J. Building Austin, Texas Re: Whether a completed compromise settlement agreement constitutes a claim for compensation within article 8307, section 9a(e)(2), V.T.C.S. Dear Mr. Boykin: You ask […]

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Opinion No. JM-33

Ed Emmett Attorney General of Texas — Opinion. May 18, 1983 JIM MATTOX, Attorney General of Texas Honorable Ed Emmett Chairman Committee on Cultural Historical Resources Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Constitutionality of provisions in Senate bill No. 427 relating to race, creed, sex, religion, national origin, and […]

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Opinion No. JM-644

Erwin Barton Attorney General of Texas — Opinion. March 13, 1987 JIM MATTOX, Attorney General of Texas Honorable Erwin Barton Chairman Human Services Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Municipal regulation of the towing industry Dear Representative Barton: You ask several questions about municipal regulation of intra-city towing. You […]

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Opinion No. JC-0150

Jim Solis Attorney General of Texas — Opinion. December 8, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jim Solis Chair, Committee on Economic Development Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether an ad valorem tax may be […]

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Opinion No. JC-0165

José R. Rodréguez Attorney General of Texas — Opinion. January 12, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable José R. Rodréguez El Paso County Attorney 500 East San Antonio, Room 203 El Paso, Texas 79901 Re: Constitutionality of “early exit” plan for […]

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Opinion No. JM-737

Mike Driscoll Attorney General of Texas — Opinion. July 3, 1987 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Whether a municipal anti-smoking ordinance is applicable to county facilities located within that municipality Dear Mr. Driscoll: You ask whether a municipal anti-smoking ordinance […]

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Opinion No. JM-860

Marlin W. Johnston Attorney General of Texas — Opinion. February 19, 1988 JIM MATTOX, Attorney General of Texas Mr. Marlin W. Johnston Commissioner Texas Department of Human Resources P. O. Box 2960 Austin, Texas 78769 Re: Whether Rider 47 of the current appropriation for the Texas Department of Human Services conflicts with section 22.014 of […]

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Opinion No. DM-404

Robert Junell Attorney General of Texas — Opinion. July 29, 1996 DAN MORALES, Attorney General of Texas The Honorable Robert Junell Chair, Committee on Appropriations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Texas Commission on Jail Standards has jurisdiction over a prison housing only federal inmates (RQ-883) Dear Representative […]

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Opinion No. GA-0106

PHIL KING Attorney General of Texas — Opinion. September 24, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Phil King Chair, Regulated Industry Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Reporting and investigating child sexual abuse (RQ-0032-GA) Dear Representative King: You note that numerous reports of suspected child sexual […]

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Opinion No. JM-78

Victor H. Galloway, Ed.D. Attorney General of Texas — Opinion. October 13, 1983 JIM MATTOX, Attorney General of Texas Mr. Victor H. Galloway, Ed.D. Executive Director Texas School for the Deaf 1102 South Congress Avenue Austin, Texas 78764 Re: Construction of section 5(a) of article 6687b, V.T.C.S. Dear Mr. Galloway: Section 5(a) of article 6687b, […]

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Opinion No. GA-0533

EDDIE LUCIO, JR. Attorney General of Texas — Opinion March 23, 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 78711-2068. Re: Counties’ alternatives for disposing of seized Texas State Senate gambling contraband (RQ-0536-GA). Dear Senator […]

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Opinion No. MW-112

Joe Resweber Attorney General of Texas — Opinion. December 21, 1979 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston Suite 634 Houston, Texas 77002 Re: Filing of a death certificate attached to an affidavit of heirship with the county clerk. Dear Mr. Resweber: You ask two questions regarding the […]

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Opinion No. JM-690

Ralph R. Wallace, III Attorney General of Texas — Opinion. May 7, 1987 JIM MATTOX, Attorney General of Texas Honorable Ralph R. Wallace, III Chairman Committee on Cultural and Historical Resources Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Use of hotel/motel occupancy tax funds by a municipality Dear Representative Wallace: As […]

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Opinion No. JM-698

Oliver Lewis, Jr. Attorney General of Texas — Opinion. May 15, 1987 JIM MATTOX, Attorney General of Texas Mr. Oliver Lewis, Jr. County Auditor Bexar County Courthouse San Antonio, Texas 78205 Re: Whether a deputy sheriff who is indicted for a felony automatically revokes his appointment Dear Mr. Lewis: You are concerned about the apparent […]

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Opinion No. DM-227

Kenneth H. Ashworth Attorney General of Texas — Opinion. June 15, 1993 DAN MORALES, Attorney General of Texas Mr. Kenneth H. Ashworth Commissioner Texas Higher Education Coordinating Board P.O. Box 12788 Austin, Texas 78711 Re: Whether a member of a governmental body subject to the Open Meetings Act, V.T.C.S. article 6252-17, may review the tape […]

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Opinion No. MW-445

Royal Hart Attorney General of Texas — Opinion. February 19, 1982 MARK WHITE, Attorney General of Texas Honorable Royal Hart District Attorney Tom Green County Courthouse San Angelo, Texas 76903 Re: Salary of county auditor Dear Mr. Hart: You ask: Is the county auditor’s salary limited by the amount paid to the person performing the […]

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Opinion No. JM-1071

Kent A. Caperton Attorney General of Texas — Opinion. July 11, 1989 JIM MATTOX, Attorney General of Texas Honorable Kent A. Caperton Chairman Finance Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the “certified agenda” provision of the Open Meetings Act, article 6252-17, V.T.C.S., unduly restricts speech rights of members of […]

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Opinion No. MW-228

John T. Montford Attorney General of Texas — Opinion. August 25, 1980 MARK WHITE, Attorney General of Texas Honorable John T. Montford Criminal District Attorney Lubbock County Courthouse Lubbock, Texas 79401 Re: Whether a home rule city can provide for the issuance of administrative search warrants Dear Mr. Montford: You ask whether a home rule […]

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Opinion No. GA-0330

CARL V. REYNOLDS Attorney General of Texas — Opinion. June 10, 2005 GREG ABBOTT, Attorney General of Texas Mr. Carl V. Reynolds Administrative Director Office of Court Administration 205 West 14th Street, Suite 600 Austin, Texas 78711-2066 Re: Proper fee for filing a petition for an order of nondisclosure of certain criminal records regarding persons […]

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Opinion No. DM-188

Dale W. Elliott Attorney General of Texas — Opinion. December 10, 1992 DAN MORALES, Attorney General of Texas Honorable Dale W. Elliott Potter County Attorney 303 Courthouse Amarillo, Texas 79101 Re: Tax exemptions for public property leased to private entities (RQ-18) Dear Mr. Elliott: On behalf of the Potter-Randall County Appraisal District, you ask whether […]

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Opinion No. MW-337

Chris Victor Semos Attorney General of Texas — Opinion. May 15, 1981 MARK WHITE, Attorney General of Texas Honorable Chris Victor Semos Chairman Committee on Business Industry House of Representatives Austin, Texas 78769 Re: Constitutionality of article 1066d, V.T.C.S., the Tax Increment Financing Act Dear Representative Semos: You have requested the issuance of an opinion […]

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Opinion No. JC-0028

Eddie Lucio, Jr. 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 Eddie Lucio, Jr. Chair, Special Committee on Border Affairs Texas State Senate P.O. Box. 12068 Austin, Texas 78711-2068 Re: Authority of the city council […]

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Opinion No. JM-713

Lawrence F. Alwin Attorney General of Texas — Opinion. May 29, 1987 JIM MATTOX, Attorney General of Texas Mr. Lawrence F. Alwin State Auditor P.O. Box 12067 Austin, Texas 78711 Re: Whether prior state service in a nonhazardous duty assignment may be used in calculating hazardous duty pay, and related questions Dear Mr. Alwin: You […]

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Opinion No. MW-422

Harold Lerew Attorney General of Texas — Opinion. January 12, 1982 MARK WHITE, Attorney General of Texas Honorable Harold Lerew Wichita County Attorney County Courthouse Wichita Falls, Texas 76301 Re: Meaning of `conviction’ in section 9(b)(3) of article 2372p-3, V.T.C.S., prior to 1981 amendment Dear Mr. Lerew: You have asked about the meaning of the […]

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Opinion No. MW-478

Bob McFarland Attorney General of Texas — Opinion. June 10, 1982 MARK WHITE, Attorney General of Texas Honorable Bob McFarland Chairman Committee on Constitutional Amendments Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Disposition of fines paid following trial de novo in county courts on appeal from municipal courts Dear Representative […]

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Opinion No. GA-0791

RICHARD P. BIANCHI Attorney General of Texas — Opinion August 23, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Richard P. Bianchi Aransas County Attorney 301 North Live Oak Street Rockport, Texas 78382 Re: Use and management of a county jail commissary fund under Local Government Code section 351.0415 (RQ-0841-GA) Dear Mr. Bianchi: You […]

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Opinion No. JC-0145

Bob Turner Attorney General of Texas — Opinion. November 16, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Bob Turner Chair, Committee on Public Safety Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Authority of a municipality to regulate or […]

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Opinion No. JC-0407

Tim Curry Attorney General of Texas — Opinion. September 14, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Tim Curry Tarrant County Criminal District Attorney 1025 South Jennings, Suite 300 Fort Worth, Texas 76104 Re: Whether a hospital district board of managers may […]

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Opinion No. MW-363

W. J. Estelle, Jr. Attorney General of Texas — Opinion. August 31, 1981 MARK WHITE, Attorney General of Texas Mr. W. J. Estelle, Jr. Director Texas Department of Corrections Huntsville, Texas 77340 Re: Whether certain funds in the custody of the Texas Department of Corrections are excepted from the requirements of House Bill 1623 Dear […]

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Opinion No. JC-0525

WARREN CHISUM Attorney General of Texas — Opinion. July 9, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Warren Chisum Chair, Committee on Environmental Regulation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Texas Engineering Practice Act permits […]

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Opinion No. JM-709

Ray Farabee Attorney General of Texas — Opinion. May 26, 1987 JIM MATTOX, Attorney General of Texas Honorable Ray Farabee Co-Chairman Joint Special Committee on Cogeneration Texas State Senate P.O. Box 12068 Austin, Texas 78711 Honorable James E. (Pete) Laney Co-Chairman Joint Special Committee on Cogeneration Texas House of Representatives P.O. Box 2910 Austin, Texas […]

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Opinion No. GA-0784

BILL MOORE Attorney General of Texas — Opinion June 28, 2010. 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: Whether a sheriff has a conflict of interest under Local Government Code chapter 171 concerning certain bail-bond duties […]

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Opinion No. JM-869

Frank Hill Attorney General of Texas — Opinion. March 7, 1988 JIM MATTOX, Attorney General of Texas Honorable Frank Hill Kendall County Attorney 207 E. San Antonio Street Boerne, Texas 78006 Re: Whether a “ticket” given to a defendant may serve as the complaint in a trial de novo in county court (RQ-1196) Dear Mr. […]

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Opinion No. JM-361

Margaret M. Maisel Attorney General of Texas — Opinion. October 18, 1985 JIM MATTOX, Attorney General of Texas Ms. Margaret M. Maisel Chairman Texas Industrial Accident Board First Floor 200 E. Riverside Drive Austin, Texas 78704 Re: Whether the Industrial Accident Board may approve a Compromise Settlement Agreement which covers only future medical expenses after […]

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Opinion No. MW-262

Dan M. Boulware Attorney General of Texas — Opinion. October 30, 1980 MARK WHITE, Attorney General of Texas Honorable Dan M. Boulware Johnson County Attorney Courthouse Cleburne, Texas 75031 Re: Appointment of a city marshal Dear Mr. Boulware: In April, 1979, the city of Briaroaks, a general law city, elected a city marshal. He resigned, […]

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Opinion No. JC-0456

JERRY L. BENEDICT Attorney General of Texas — Opinion. January 28, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Jerry L. Benedict Administrative Director Office of Court Administration P.O. Box 12066 Austin, Texas 78711-2066 Re: Whether the state employee pay raise effective September 1, […]

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Opinion No. GA-0446

BEVERLY WOOLLEY Attorney General of Texas — Opinion. August 2, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Beverly Woolley Chair, Committee on Calendars Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 The Honorable John Smithee Chair, Committee on Insurance Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 […]

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Opinion No. MW-291

Charles Evans Attorney General of Texas — Opinion. January 6, 1981 MARK WHITE, Attorney General of Texas Honorable Charles Evans Chairman Government Organization Committee House of Representatives Austin, Texas 78711 Re: Whether cities may enact ordinances regulating possession or sale of drug paraphernalia Dear Representative Evans: You have asked whether municipalities have the authority to […]

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Opinion No. MW-30

Wilhelmina Delco Attorney General of Texas — Opinion. July 2, 1979 MARK WHITE, Attorney General of Texas Honorable Wilhelmina Delco Chairman House Committee on Higher Education State Capitol Austin, Texas Re: Whether a college professor may receive a royalty on a book used in the school in which he teaches. Dear Representative Delco: Your predecessor […]

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Opinion No. H-1074

M. L. Brockette Attorney General of Texas — Opinion. October 19, 1977 JOHN L. HILL, Attorney General of Texas Honorable M. L. Brockette Commissioner of Education Texas Education Agency 201 E. Eleventh Street Austin, Texas Re: May terms of school district trustees be changed from six years to three years? Dear Mr. Brockette: You have […]

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Opinion No. DM-65

Bill Sims Attorney General of Texas — Opinion. December 9, 1991 DAN MORALES, Attorney General of Texas Honorable Bill Sims Chairman Natural Resources Committee Texas State Senate Capitol Building, Room 421 Austin, Texas 78711-2068 Re: Whether the commissioner of education has the authority to create a new county education district or to reassign a school […]

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Opinion No. MW-312

Felipe Reyna Attorney General of Texas — Opinion. March 23, 1981 MARK WHITE, Attorney General of Texas Honorable Felipe Reyna Criminal District Attorney McLennan County Courthouse Waco, Texas 76703 Re: Whether a corporation must be represented by an attorney in an appeal from the small claims court to the county court or county court at […]

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Opinion No. GA-0277

RAY STELLY Attorney General of Texas — Opinion. December 7, 2004 GREG ABBOTT, Attorney General of Texas Mr. Ray Stelly, C.P.A. San Jacinto County Auditor 1 State Highway 150, Room B1 Coldspring, Texas 77331 Re: Executive sessions of the San Jacinto County Commissioners Court (RQ-0241-GA) Dear Mr. Stelly: You ask several questions about a dispute […]

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Opinion No. GA-0522

TIM CURRY Attorney General of Texas — Opinion February 26, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Tim Curry Tarrant County Criminal District Attorney 401 West Belknap Street Fort Worth, Texas 76196-0201 Re: Legal and tax status of land and improvements leased by a development corporation — created under Texas Revised Civil Statutes […]

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Opinion No. GA-0163

BENTON COCANOUGHER Attorney General of Texas — Opinion. March 12, 2004 GREG ABBOTT, Attorney General of Texas Mr. Benton Cocanougher Interim Chancellor The Texas A M University System A M System Building, Suite 2043 200 Technology Way College Station, Texas 77845 Re: Whether The Texas A M University System is authorized to administer charitable remainder […]

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Opinion No. JM-896

Ashley Smith Attorney General of Texas — Opinion. May 5, 1988 JIM MATTOX, Attorney General of Texas Honorable Ashley Smith Chairman Government Organization Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether the city of Denison may withdraw from the Greater Texoma Utility Authority (RQ-1224) Dear Representative Smith: You ask three […]

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Opinion No. GA-0774

ROB EISSLER Attorney General of Texas — Opinion May 14, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Rob Eissler Chairman, Committee on Public Education Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether school district resources may be used to process payroll deductions to fund political donations (RQ-0688-GA) Dear […]

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Opinion No. JC-0430

Michael A. Stafford Attorney General of Texas — Opinion. November 6, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Michael A. Stafford Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002-1700 Re: Whether a member of the Texas House of Representatives may […]

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Opinion No. JM-176

Ron Felty Attorney General of Texas — Opinion. June 21, 1984 JIM MATTOX, Attorney General of Texas Honorable Ron Felty District Attorney Hale and Swisher Counties Hale County Courthouse Plainview, Texas 79072 Re: Procedures for revocation of probation under section 14.12(a) of the Family Code of person in contempt of court for refusal to make […]

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Opinion No. MW-73

W. P. Daves Attorney General of Texas — Opinion. October 19, 1979 MARK WHITE, Attorney General of Texas Honorable W. P. Daves Chairman State Board of Insurance 1110 San Jacinto Austin, Texas 78786 Re: Effect of amendments to article 21.52 of the Insurance Code. Dear Mr. Daves: You inquire about the proper interpretation of article […]

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Opinion No. JM-1056

Tony Hileman Attorney General of Texas — Opinion. June 12, 1989 JIM MATTOX, Attorney General of Texas Honorable Tony Hileman Marion County Attorney 105 Austin Street Jefferson, Texas 75657 Re: Whether a county treasurer may charge a county judge for copies of records maintained by the county treasurer (RQ-1614) Dear Mr. Hileman: You ask: “Can […]

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Opinion No. JM-672

Bob Bullock Attorney General of Texas — Opinion. April 8, 1987 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Availability of computer programs and data bases under the Open Records Act and whether a government body must perform computer searches for information […]

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Opinion No. JM-1219

Andrew Sansom Attorney General of Texas — Opinion. September 11, 1990 JIM MATTOX, Attorney General of Texas Mr. Andrew Sansom Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Authority of the Parks and Wildlife Department to accept an affidavit in lieu of a certificate of title for a […]

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Opinion No. JM-351

Tim R. Taylor Attorney General of Texas — Opinion. September 3, 1985 JIM MATTOX, Attorney General of Texas Honorable Tim R. Taylor Titus County Attorney P.O. Box 862 Mt. Pleasant, Texas 75455 Re: Whether a commissioners court may bar video cameras from a public meeting held under article 6252-17, V.T.C.S. Dear Mr. Taylor: You ask […]

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Opinion No. JC-0294

Susan D. Reed 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 Susan D. Reed Criminal District Attorney, Bexar County 300 Dolorosa, Fifth Floor San Antonio, Texas 78205-3030 Re: Whether a city council may pay attorney’s […]

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Opinion No. JM-1206

Andrew Sansom Attorney General of Texas — Opinion. August 14, 1990 JIM MATTOX, Attorney General of Texas Mr. Andrew Sansom Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Whether licensed commercial shrimpers must hold commercial finfish fisherman’s licenses in order to sell finfish (RQ-1852) Dear Mr. Sansom: Your […]

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Opinion No. GA-0536

MIKE JACKSON Attorney General of Texas — Opinion April 12, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Mike Jackson Chair, Committee on Nominations Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Eligibility of an Assistant Chief of Police of the City of League City to serve as City Administrator (RQ-0539-GA) […]

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Opinion No. GA-0495

MIKE GEESLIN Attorney General of Texas — Opinion. December 22, 2006. GREG ABBOTT, Attorney General of Texas. Mr. Mike Geeslin Commissioner of Insurance Texas Department of Insurance Post Office Box 149104 Austin, Texas 78714-9104 Re: Whether the Texas Department of Insurance is prohibited from disclosing the identities of companies writing commercial property insurance along the […]

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Opinion No. JM-31

Edward Woolery-Price Attorney General of Texas — Opinion. May 5, 1983 JIM MATTOX, Attorney General of Texas Honorable Edward Woolery-Price Colorado County Attorney 910 Milam Columbus, Texas 78934 Re: Jurisdiction of county court on appeal of probation violation under section 22 of article 6687b, V.T.C.S. Dear Mr. Woolery-Price: You have asked a question concerning section […]

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Opinion No. GA-0846

VICKI TRUITT Attorney General of Texas — Opinion February 28, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Vicki Truitt Chair, Committee on Pensions, Investments and Financial Services Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether section 542.2035, Transportation Code, prohibits a municipal peace officer from using a handheld […]

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Opinion No. DM-34

Tim Curry Attorney General of Texas — Opinion. August 29, 1991 DAN MORALES, Attorney General of Texas Honorable Tim Curry Criminal District Attorney Tarrant County 200 West Belknap Street Fort Worth, Texas 76196-0201 Re: Division of authority over the selection of prospective jurors between a district clerk and a jury administrator (RQ-2178) Dear Mr. Curry: […]

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Opinion No. JC-0395

Sky Sudderth Attorney General of Texas — Opinion. July 10, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Sky Sudderth District Attorney 35th Judicial District Brown County Courthouse Brownwood, Texas 76801 Re: Whether a district attorney may, by contract, bind the use of […]

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Opinion No. MW-458

Charles D. Travis Attorney General of Texas — Opinion. March 22, 1982 MARK WHITE, Attorney General of Texas Mr. Charles D. Travis Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Application for certificate of title under section 31.047 of the Parks and Wildlife Code Dear Mr. Travis: You […]

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Opinion No. GA-0221

ALLAN B. RITTER Attorney General of Texas — Opinion. July 26, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Allan B. Ritter Chair, Committee on Pensions and Investments Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether article XVI, section 67(a)(2) of the Texas Constitution would preclude retired City of […]

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Opinion No. MW-504

Kenneth H. Ashworth Attorney General of Texas — Opinion. August 20, 1982 MARK WHITE, Attorney General of Texas Mr. Kenneth H. Ashworth Coordinating Board Texas College and University System P. O. Box 12788, Capitol Station Austin, Texas 78711 Re: Whether independent school district tax funds may be used to support a junior college district Dear […]

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Opinion No. JM-426

Roger D. Shipman Attorney General of Texas — Opinion. February 13, 1986 JIM MATTOX, Attorney General of Texas Mr. Roger D. Shipman Executive Secretary Texas Board of Veterinary Medical Examiners 3810 Medical Parkway, Suite 119 Austin, Texas 78756 Re: Per diem for members of the Board of Veterinary Medical Examiners Dear Mr. Shipman: You seek […]

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Opinion No. DM-71

Gene Green Attorney General of Texas — Opinion. December 31, 1991 DAN MORALES, Attorney General of Texas Honorable Gene Green Chairman Jurisprudence Committee Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Authority of public housing authority to regulate tenants’ legal possession of firearms (RQ-150) Dear Senator Green: You ask several questions regarding […]

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Opinion No. GA-0101

MARK BURTNER Attorney General of Texas — Opinion. September 12, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Mark Burtner Lamar County Attorney 119 North Main Street Paris, Texas 75460 Re: Whether a sheriff may contract personally to provide security to a private entity (RQ-0031-GA) Dear Mr. Burtner: You ask whether the sheriff of […]

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Opinion No. DM-101

Lawrence R. Jacobi, Jr. Attorney General of Texas — Opinion. March 30, 1992 DAN MORALES, Attorney General of Texas Mr. Lawrence R. Jacobi, Jr., P.E. General Manager Texas Low-Level Radioactive Waste Disposal Authority 7701 North Lamar Blvd., Suite 300 Austin, Texas 78752 Re: Whether the board of directors of the Texas Low-Level Radioactive Waste Disposal […]

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Opinion No. JM-953

W.O. Shultz II Attorney General of Texas — Opinion. September 15, 1988 JIM MATTOX, Attorney General of Texas W.O. Shultz II General Attorney and Associate General Counsel The University of Texas System 201 West 7th Street Austin, Texas 78701 Re: Circumstances under which a county or public hospital or hospital district is responsible for payment […]

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Opinion No. JM-435

Dale Hanna Attorney General of Texas — Opinion. February 21, 1986 JIM MATTOX, Attorney General of Texas Honorable Dale Hanna Johnson County Attorney 1st Floor, Courthouse Cleburne, Texas 76031 Re: Responsibility for notification of defendants in criminal cases Dear Mr. Hanna: You ask the following questions about notification of misdemeanor defendants of certain criminal proceedings: […]

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Opinion No. JC-0550

WARREN CHISUM 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 Warren Chisum Chair, Environmental Regulation Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Texas Funeral Service Commission is authorized […]

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Opinion No. JC-0313

Jeff Wentworth Attorney General of Texas — Opinion. November 30, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jeff Wentworth Chair, Committee on Nominations Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether a component committee of the Edwards Aquifer Authority […]

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