Opinion No. JM-1014

George Pierce Attorney General of Texas — Opinion. February 7, 1989 JIM MATTOX, Attorney General of Texas Honorable George Pierce Chairman Committee on Urban Affairs Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Procedures for protesting a proposed change in a zoning classification (RQ-1472) Dear Representative Pierce: You request our opinion […]

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Opinion No. DM-199

Eddie Cavazos Attorney General of Texas — Opinion. January 28, 1993 DAN MORALES, Attorney General of Texas Honorable Eddie Cavazos Chairman Committee on Insurance Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Whether the additional money generated from the increase in the motor vehicle registration fee authorized by section 4.202(a), article […]

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Opinion No. GA-0661

RUSSELL W. MALM Attorney General of Texas — Opinion September 2, 2008. Page 1 GREG ABBOTT, Attorney General of Texas. The Honorable Russell W. Malm Midland County Attorney 200 West Wall Street, Suite 104 Midland, Texas 79701 Re: Whether a county is authorized to pay a performance-based bonus to elected officials (RQ-0686-GA) Dear Mr. Malm: […]

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Opinion No. JM-694

Mike Driscoll Attorney General of Texas — Opinion. May 12, 1987 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Duties of a district clerk with regard to notices of dismissal filed in civil action and related questions Dear Mr. Driscoll: You inquire about […]

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Opinion No. GA-0302

CRAIG D. CALDWELL Attorney General of Texas — Opinion. February 2, 2005 GREG ABBOTT, Attorney General of Texas The Honorable Craig D. Caldwell Cherokee County Attorney Post Office Box 320 Rusk, Texas 75785 Re: Whether Texas or New Jersey law applies to the payment of late fees on a contract between a Texas county and […]

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Opinion No. DM-69

Lionel Meno, Ph.D. Attorney General of Texas — Opinion. December 12, 1991 DAN MORALES, Attorney General of Texas Lionel Meno, Ph.D. Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether a municipality can refuse to issue building permits or certificates of occupancy to a school district for failing to […]

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Opinion No. H-1253

Joe Resweber Attorney General of Texas — Opinion. October 6, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston Houston, Texas 77002 Re: Payment of tuition for county jail inmates attending classes while incarcerated. Dear Mr. Resweber: You have submitted the following question for an opinion from this […]

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Opinion No. DM-312

Bill Ratliff Attorney General of Texas — Opinion. December 12, 1994 DAN MORALES, Attorney General of Texas Honorable Bill Ratliff Chair Education Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether a homestead exemption under section 11.13(n) of the Tax Code may be adopted by public election pursuant to voter petition in […]

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Opinion No. GA-0219

JANE NELSON Attorney General of Texas — Opinion. July 22, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Jane Nelson Chair, Health and Human Services Committee Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether section 285.201, Health and Safety Code, requires a hospital district to provide nonemergency public health services […]

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Opinion No. JC-0130

Judith Zaffirini Attorney General of Texas — Opinion. October 22, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Judith Zaffirini Chair, Committee on Human Services Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the Texas Department of Protective and Regulatory […]

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Opinion No. JM-21

H. S. Harris, Jr. Attorney General of Texas — Opinion. March 24, 1983 JIM MATTOX, Attorney General of Texas Mr. H. S. Harris, Jr. Chairman Texas Industrial Accident Board 200 East Riverside Drive Austin, Texas 78704 Re: Workers’ Compensation statutes pertaining to payment of lump sum benefits in cases involving fatality Dear Mr. Harris: You […]

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Opinion No. MW-354

H. S. Harris, Jr. Attorney General of Texas — Opinion. June 3, 1981 MARK WHITE, Attorney General of Texas Mr. H. S. Harris, Jr. Chairman Texas Industrial Accident Board 200 East Riverside Drive Austin, Texas 78704 Re: Whether payments made under article 8306, section 8(b) are terminated by marriage of minor child Dear Mr. Harris: […]

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Opinion No. JC-0194

Charles E. McMahen Attorney General of Texas — Opinion. March 9, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Charles E. McMahen Chair, University of Houston System Board of Regents 3100 Cullen Boulevard, Suite 205 Houston, Texas 77204-6732 Re: Whether the governing board of […]

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Opinion No. GA-0004

JANE NELSON Attorney General of Texas — Opinion. December 23, 2002 GREG ABBOTT, Attorney General of Texas The Honorable Jane Nelson Chair, Nominations Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the Euless Economic Development Corporation is “a governmental entity that has the power of eminent domain” under section 272.001(b)(5) of […]

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Opinion No. MW-583

Mark M. Humble Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Honorable Mark M. Humble Milam County Attorney County Courthouse Cameron, Texas 76520 Re: Constitutionality of tax exemption for nursery products in section 11.16 of the Property Tax Code Dear Mr. Humble: You ask whether the ad valorem […]

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Opinion No. MW-571

W. J. Estelle, Jr. Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Mr. W. J. Estelle, Jr. Director Texas Department of Corrections P. O. Box 99 Huntsville, Texas 77340 Re: Mineral interest owned by private individuals in land formerly owned by Department of Corrections Dear Mr. Estelle: In […]

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Opinion No. H-1146

Chet Brooks Attorney General of Texas — Opinion. March 29, 1978 JOHN L. HILL, Attorney General of Texas Honorable Chet Brooks Chairman Senate Committee on Human Resources Senate Chamber Austin, Texas 78711 Re: Approval of subdivision plats by a county. Dear Senator Brooks: You have requested our opinion concerning the authority of the Fort Bend […]

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Opinion No. DM-198

Lawrence R. Jacobi, Jr. Attorney General of Texas — Opinion. January 28, 1993 DAN MORALES, Attorney General of Texas 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 section 402.272(a), 402.2721, or 402.273(b) of the Health and Safety Code […]

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Opinion No. DM-306

Rick Perry Attorney General of Texas — Opinion. December 2, 1994 DAN MORALES, Attorney General of Texas Honorable Rick Perry Commissioner Texas Department of Agriculture P.O. Box 12847 Austin, Texas 78711-2847 Re: Whether there is a gallonage limit on sales by a winery permit holder under subsection (d), section 16.01 of the Alcoholic Beverage Code […]

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Opinion No. JM-398

Morris Samford, Jr. Attorney General of Texas — Opinion. December 20, 1985 JIM MATTOX, Attorney General of Texas Honorable Morris Samford, Jr. Panola County Attorney Room 225, Courthouse Carthage, Texas 75633 Re: Reimbursement of county jail inmates for money lost to escaping prisoner Dear Mr. Samford: You inquire who is legally responsible for reimbursement to […]

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Opinion No. JM-469

Lloyd Criss Attorney General of Texas — Opinion. April 7, 1986 JIM MATTOX, Attorney General of Texas Honorable Lloyd Criss Chairman Committee on Labor and Employment Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether airport crash and fire rescue personnel are within the provisions of article 5154c-1, V.T.C.S. Dear Representative […]

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Opinion No. GA-0408

RONALD D. HANKINS Attorney General of Texas — Opinion. March 2, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Ronald D. Hankins Somervell County Attorney Post Office Box 1335 Glen Rose, Texas 76043 Re: Authority of a municipality with a population of fewer than 35,000 to impose a hotel occupancy tax in its extraterritorial […]

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Opinion No. JM-1047

Robert W. Post Attorney General of Texas — Opinion. May 18, 1989 JIM MATTOX, Attorney General of Texas Honorable Robert W. Post DeWitt County Attorney P.O. Box 110 Cuero, Texas 77954 Re: Whether a justice of the peace may also serve as a jailer (RQ-1633) Dear Mr. Post: You state that the sheriff of your […]

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Opinion No. JC-0334

Juan J. Hinojosa Attorney General of Texas — Opinion. January 22, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Juan J. Hinojosa Chair, Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Procedures governing disciplinary action against […]

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Opinion No. GA-0541

JANE NELSON Attorney General of Texas — Opinion April 19, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Jane Nelson, Chair, Committee on Health and Human Services Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether the Legislature may authorize electronic pull-tab bingo by statute without amending the Texas Constitution (RQ-0547-GA) […]

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Opinion No. GA-0515

ROY DeFRIEND Attorney General of Texas — Opinion February 12, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Roy DeFriend Limestone County and District Attorney Limestone County Courthouse 200 West State Street, Suite 110 Groesbeck, Texas 76642 Re: Whether a bail bond may be accepted in a Texas county for a person jailed in […]

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Opinion No. JM-34

Clayton T. Garrison Attorney General of Texas — Opinion. May 18, 1983 JIM MATTOX, Attorney General of Texas Mr. Clayton T. Garrison Executive Director Employees Retirement System of Texas P. O. Box 13207 Austin, Texas 78711 Re: Entitlement of retired judge to continued retirement benefits when he has been elected to serve a regular term […]

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Opinion No. JM-620

Lloyd Criss Attorney General of Texas — Opinion. January 14, 1987 JIM MATTOX, Attorney General of Texas Honorable Lloyd Criss Chairman Labor and Employment Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Authority of the Texas Employment Commission to find that a corporate reorganization was invalid for the purpose of securing […]

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Opinion No. JM-1127

John R. Hale Attorney General of Texas — Opinion. December 28, 1989 JIM MATTOX, Attorney General of Texas Mr. John R. Hale Commissioner Credit Union Department 914 East Anderson Lane Austin, Texas 78752-1699 Re: Whether attendance of a quorum of members of the Texas Credit Union Commission at a board meeting of the Texas Share […]

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Opinion No. JM-850

Doyce R. Lee Attorney General of Texas — Opinion. February 3, 1988 JIM MATTOX, Attorney General of Texas Mr. Doyce R. Lee Commissioner State Board of Insurance 1100 San Jacinto Blvd. Austin, Texas 78701 Re: Whether a casualty or surety company authorized to write fire and allied lines of insurance is subject to statutory risk […]

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Opinion No. GA-0718

DON ALLEE Attorney General of Texas — Opinion June 1, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Don Allee Kendall County Attorney Kendall County Courthouse 201 East San Antonio Street, Suite 306 Boerne, Texas 78006-2050 Re: Authority of justice of the peace and county court at law to cause the amendment of a […]

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Opinion No. JM-1199

Charles S. Brack Attorney General of Texas — Opinion. July 31, 1990 JIM MATTOX, Attorney General of Texas Honorable Charles S. Brack Chambers County Attorney P. O. Box 1200 Anahuac, Texas 77514 Re: Authority of county to donate money, property, or services to nonprofit corporations that conduct local festivals (RQ-1911) Dear Mr. Brack: You ask […]

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Opinion No. DM-207

Renee Higginbotham-Brooks Attorney General of Texas — Opinion. March 16, 1993 DAN MORALES, Attorney General of Texas Honorable Renee Higginbotham-Brooks Chairman Texas Alcoholic Beverage Commission P.O. Box 13127 Austin, Texas 78711-3127 Re: Whether the Open Meetings Act, V.T.C.S. article 6252-17, permits a member of the Alcoholic Beverage Commission who is unable to attend a commission […]

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Opinion No. DM-299

Edwin E. Powell, Jr. Attorney General of Texas — Opinion. August 11, 1994 DAN MORALES, Attorney General of Texas Honorable Edwin E. Powell, Jr. Coryell County Attorney P.O. Box 796 Gatesville, Texas 76528 Re: Whether section 4A(q) of the Development Act of 1979, V.T.C.S. art. 5190.6, would violate article I, section 16 of the Texas […]

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Opinion No. GA-0305

WILL HARTNETT Attorney General of Texas — Opinion. February 16, 2005 GREG ABBOTT, Attorney General of Texas The Honorable Will Hartnett Chair, Judiciary Committee Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a city may use a Tax Code chapter 311 tax increment fund to reimburse a private developer for […]

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Opinion No. JC-0402

Robert J. Huston Attorney General of Texas — Opinion. August 2, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Robert J. Huston Chair, Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 Re: Whether section 26.179 of the Water Code as amended […]

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Opinion No. MW-150

Joe Resweber Attorney General of Texas — Opinion. March 18, 1980 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Compensation of judges of county courts at law and county criminal courts at law. Dear Mr. Resweber: You have requested our opinion regarding the […]

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Opinion No. DM-212

Tracey Bright Attorney General of Texas — Opinion. March 29, 1993 DAN MORALES, Attorney General of Texas Honorable Tracey Bright County Attorney Ector County Courthouse, Room 201 Odessa, Texas 79761 Re: Whether a school district may contract with off-duty police officers and deputy sheriffs for security services, and related questions (RQ-427) Dear Ms. Bright: You […]

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Opinion No. GA-0692

ADAN MUNOZ Attorney General of Texas — Opinion January 22, 2009. GREG ABBOTT, Attorney General of Texas. Mr. Adan Munoz, Jr. Executive Director Texas Commission on Jail Standards Post Office Box 12985 Austin, Texas 78711 Re: Observation of county jail inmates while they are confined in courthouse holding cells (RQ-0722-GA) Dear Mr. Munoz: On behalf […]

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Opinion No. DM-458

Grace L. Davis Attorney General of Texas — Opinion. November 26, 1997 DAN MORALES, Attorney General of Texas Ms. Grace L. Davis, L.M.S.W.-A.C.P Executive Director Council on Sex Offender Treatment 1100 West 49th Street Austin, Texas 78756-3183 Re: Whether Family Code section 261.101(a) permits a registered sex-offender-treatment provider discretion to report information regarding possible child […]

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Opinion No. GA-0506

DENNIS BONNEN. Attorney General of Texas — Opinion January 30, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Dennis Bonnen Chair, Committee on Environmental Regulation Texas House of Representatives Austin, Texas 78768-2910 Re: Whether a city may operate a commercial compost/mulch business that sells its products outside the city’s limits (RQ-0508-GA) Dear Representative Bonnen: […]

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Opinion No. GA-0866

NIZAM PEERWANI Attorney General of Texas — Opinion July 29, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Nizam Peerwani Presiding Officer Texas Forensic Science Commission Post Office Box 2296 Huntsville, Texas 77341-2296 Re: Investigative Authority of the Texas Forensic Science Commission (RQ-0943-GA) Dear Mr. Peerwani: Your predecessor asked three questions about the investigative […]

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Opinion No. JM-1154

Juan J. Hinojosa Attorney General of Texas — Opinion. April 12, 1990 JIM MATTOX, Attorney General of Texas Honorable Juan J. Hinojosa Chairman Local and Consent Calendars Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Waiver of insurance deductible under section 27.02 of the Business and Commerce Code (RQ-1843) Dear Representative […]

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Opinion No. JM-129

Kenneth H. Ashworth Attorney General of Texas — Opinion. February 23, 1984 JIM MATTOX, Attorney General of Texas Mr. Kenneth H. Ashworth Commissioner Coordinating Board Texas College and University System P.O. Box 12788, Capitol Station Austin, Texas 78711 Re: Whether a member of a board of trustees of a community college may serve simultaneously as […]

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Opinion No. JM-550

Benjamin Euresti, Jr. Attorney General of Texas — Opinion. September 23, 1986 JIM MATTOX, Attorney General of Texas Honorable Benjamin Euresti, Jr. Cameron County Attorney 974 E. Harrison Street Brownsville, Texas 78520 Re: Disposition of funds received from the sale of vehicles forfeited under section 5.08 of article 4476-15, V.T.C.S. Dear Mr. Euresti: You ask […]

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Opinion No. MW-248

John J. Kavanagh Attorney General of Texas — Opinion. September 24, 1980 MARK WHITE, Attorney General of Texas Honorable John J. Kavanagh, M.D. Commissioner Texas Department of Mental Health Mental Retardation P. O. Box 12668, Capitol Station Austin, Texas 78711 Re: Means by which the Department of Mental Health and Mental Retardation can obtain consent […]

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Opinion No. GA-0624

JANA DUTY Attorney General of Texas — Opinion May 7, 2008. GREG ABBOTT, Attorney General of Texas The Honorable Jana Duty Williamson County Attorney Williamson County Justice Center, Second Floor 405 Martin Luther King Box 7 Georgetown, Texas 78626 Re: County payment to vendors under the Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement […]

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Opinion No. JC-0475

SANDY SMITH Attorney General of Texas — Opinion. March 7, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Sandy Smith, Executive Director Texas Board of Professional Land Surveying 7701 North Lamar, Suite 400 Austin, Texas 78752 Re: Authority of the Texas Board of Professional […]

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Opinion No. GA-0738

EDMUND KUEMPEL Attorney General of Texas — Opinion September 3, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Edmund Kuempel Chair, Committee on Licensing Administrative Procedures Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether an individual may simultaneously serve as a member of a school district board of trustees […]

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Opinion No. MW-471

Bennie Bock II Attorney General of Texas — Opinion. May 17, 1982 MARK WHITE, Attorney General of Texas Honorable Bennie Bock II Chairman Committee on Environmental Affairs Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Removal of timber from land restricted to use for public park and/or recreational purposes Dear Representative […]

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Opinion No. JM-1133

Oscar William Loyd, II Attorney General of Texas — Opinion. January 5, 1990 JIM MATTOX, Attorney General of Texas Honorable Oscar William Loyd, II Criminal District Attorney P.O. Box 216 Gilmer, Texas 75644 Re: Certification of a petition and financing of a local option election under the Alcoholic Beverage Code (RQ-1865) Dear Mr. Loyd: You […]

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Opinion No. JC-0086

Carole Keeton Rylander Attorney General of Texas — Opinion. August 10, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Carole Keeton Rylander Comptroller of Public Accounts L.B.J. State Office Building 111 E. 17th Street Austin, Texas 78774 Re: Constitutionality of chapter 159 of […]

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Opinion No. MW-132

Albert Brown Attorney General of Texas — Opinion. January 28, 1980 MARK WHITE, Attorney General of Texas Honorable Albert Brown Chairman Committee on Constitutional Amendments House of Representatives Austin, Texas Re: Whether the competitive bidding requirements of article 2368a, V.T.C.S., apply to housing authorities. Dear Representative Brown: You ask whether article 2368a, V.T.C.S., applies to […]

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Opinion No. JM-257

Jim Mapel Attorney General of Texas — Opinion. December 21, 1984 JIM MATTOX, Attorney General of Texas Honorable Jim Mapel Criminal District Attorney Brazoria County Courthouse Angleton, Texas 77515 Re: Whether a hospital district may acquire by lease or purchase real property outside its boundaries Dear Mr. Mapel: You ask whether the Sweeny Hospital District […]

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Opinion No. JM-118

Thomas F. Lee Attorney General of Texas — Opinion. December 30, 1983 JIM MATTOX, Attorney General of Texas Honorable Thomas F. Lee District Attorney P.O. Box 1405 Del Rio, Texas 78840 Re: Whether article XVI, section 40 of the Texas Constitution prevents a school teacher working under a federally funded program from receiving compensation for […]

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Opinion No. JM-347

Garry Mauro Attorney General of Texas — Opinion. August 28, 1985 JIM MATTOX, Attorney General of Texas Honorable Garry Mauro Commissioner General Land Office Stephen F. Austin Building Austin, Texas 78701 Re: Whether the school land board is authorized to sell certain tracts of land acquired through tax foreclosure sales Dear Commissioner Mauro: You inquire […]

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Opinion No. H-1286

Fred Toler Attorney General of Texas — Opinion. December 15, 1978 JOHN L. HILL, Attorney General of Texas Honorable Fred Toler Executive Director Texas Commission on Law Enforcement Officer Standards Education 1106 Clayton Lane, Ste. 220-E Twin Towers Office Building Austin, Texas 78723 Re: Whether citizens summoned as special police force are subject to requirements […]

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Opinion No. GA-0073

KENNETH JAMES Attorney General of Texas — Opinion. May 21, 2003 GREG ABBOTT, Attorney General of Texas Mr. Kenneth James Chair, Board of Regents Stephen F. Austin State University P.O. Box 6 SFA Station Nacogdoches, Texas 75962 Re: Whether chapter 573 of the Texas Government Code precludes the Stephen F. Austin State University Board of […]

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Opinion No. H-1236

Thomas H. Haynie Attorney General of Texas — Opinion. September 1, 1978 JOHN L. HILL, Attorney General of Texas Honorable Thomas H. Haynie Chairman Texas Private Employment Agency Regulatory Board Sam Houston State Office Building Austin, Texas Re: Whether an advance fee resume service is a private employment agency under article 5221a-6, V.T.C.S. Dear Mr. […]

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Opinion No. JC-0287

Homero Ramirez Attorney General of Texas — Opinion. October 3, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Homero Ramirez Webb County Attorney 1110 Victoria, Suite 403 Laredo, Texas 78040 Re: Which county is responsible for mental health services proceeding costs under section […]

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Opinion No. JM-1212

Dan V. Dent Attorney General of Texas — Opinion. August 22, 1990 JIM MATTOX, Attorney General of Texas Honorable Dan V. Dent District Attorney P.O. Box 400 Hillsboro, Texas 76645 Re: Location of a prisoner work program facility established by section 496.054 of the Government Code (RQ-1884) Dear Mr. Dent: You ask two questions relating […]

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Opinion No. JM-944

Mark W. Stiles Attorney General of Texas — Opinion. August 23, 1988 JIM MATTOX, Attorney General of Texas Honorable Mark W. Stiles Chairman County Affairs Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Provision of sewer service by a municipality to newly annexed territory (RQ-1380) Dear Representative Stiles: You ask […]

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Opinion No. MW-587

Tom Wells, III Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Honorable Tom Wells, III Lamar County Attorney Courthouse Paris, Texas 75460 Re: Salary of Lamar County Juvenile Probation Officers Dear Mr. Wells: You have asked if the Lamar County Commissioners Court is required to approve the salary […]

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Opinion No. JC-0463

DUSTANNA RABE Attorney General of Texas — Opinion. February 12, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Dustanna Rabe Hopkins County Attorney 110 Main Street Sulphur Springs, Texas 75482 Re: Disposition of funds previously accumulated under pretrial diversion agreements (RQ-0437-JC) Dear Ms. […]

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Opinion No. JM-385

Henry Wade Attorney General of Texas — Opinion. December 2, 1985 JIM MATTOX, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Condemnation Section Services Building Dallas, Texas 75202 Re: Whether a county purchasing agent may contract with a non-profit agency for blind or severely handicapped persons without taking competitive bids Dear Mr. Wade: […]

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Opinion No. JC-0509

J.E. “BUSTER” BROWN Attorney General of Texas — Opinion. May 29, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable J. E. “Buster” Brown Chair, Committee on Natural Resources Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether section 402.909 of the […]

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Opinion No. MW-481

Henry Wade Attorney General of Texas — Opinion. July 2, 1982 MARK WHITE, Attorney General of Texas Honorable Henry Wade Criminal District Attorney 601 Elm Street Dallas, Texas 75202 Re: Disposition of interest on Law Enforcement Officer Standards and Education Funds and Criminal Justice Planning Funds Dear Mr. Wade: You present the following questions in […]

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Opinion No. JM-729

L.T. Des Champs Attorney General of Texas — Opinion. June 26, 1987 JIM MATTOX, Attorney General of Texas Honorable L.T. Des Champs Llano County Attorney Llano County Courthouse Llano, Texas 78643 Re: Whether a commissioners court may make improvements on county school land from proceeds received from the lease of that land Dear Mr. Des […]

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Opinion No. JM-952

Hugh Parmer Attorney General of Texas — Opinion. September 9, 1988 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: Whether certain improvements may constitute `regional economic development facilities’ within the meaning of article 1118x, V.T.C.S. (RQ-1296) Dear Senator […]

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Opinion No. JM-1064

Joe Lucas Attorney General of Texas — Opinion. June 27, 1989 JIM MATTOX, Attorney General of Texas Honorable Joe Lucas El Paso County Attorney City-County Building, # 201 El Paso, Texas 79901 Re: Authority of a commissioners court to remove a member of the board of managers of a hospital district created under article 4494n, […]

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Opinion No. GA-0430

MARK E. PRICE Attorney General of Texas — Opinion. May 12, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Mark E. Price San Jacinto County Criminal District Attorney 1 State Highway 150, Room 21 Coldspring, Texas 77331 Re: Authority of a county to remove an abandoned mobile home from county right-of-way (RQ-0412-GA) Dear Mr. […]

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Opinion No. GA-0204

SHIRLEY NEELEY Attorney General of Texas — Opinion. June 18, 2004 GREG ABBOTT, Attorney General of Texas Ms. Shirley Neeley, Ed.D. Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701 Re: Whether a public school teacher may be awarded compensation under the statutory Advanced Placement Incentive Program (RQ-0151-GA) Dear Commissioner Neeley: […]

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Opinion No. GA-0792

TROY FRASER Attorney General of Texas — Opinion August 26, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Troy Fraser Chair, Committee on Natural Resources Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Status of particular tracts of land annexed into one groundwater conservation district and subsequently included in special legislation […]

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Opinion No. JM-367

Lloyd Criss Attorney General of Texas — Opinion. October 22, 1985 JIM MATTOX, Attorney General of Texas Honorable Lloyd Criss Chairman Committee on Labor and Employment Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Residency status of a student whose parent is assigned out of state by the United States Public […]

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Opinion No. GA-0332

CHRISTOPHER G. TAYLOR Attorney General of Texas — Opinion. June 17, 2005 GREG ABBOTT, Attorney General of Texas The Honorable Christopher G. Taylor Tom Green County Attorney Justice Center 122 West Harris San Angelo, Texas 76903 Re: Authority of a commissioners court to assign the duties of collecting criminal fines, costs and fees to a […]

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Opinion No. MW-326

Charles Evans Attorney General of Texas — Opinion. April 21, 1981 MARK WHITE, Attorney General of Texas Honorable Charles Evans Chairman House Committee on Government Organization P. O. Box 2910 Austin, Texas 78769 Re: Constitutionality of House Bill 733 Dear Representative Evans: You have requested our opinion regarding the constitutionality of House Bill 733, presently […]

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Opinion No. MW-13

Ben Z. Grant Attorney General of Texas — Opinion. April 19, 1979 MARK WHITE, Attorney General of Texas Honorable Ben Z. Grant Chairman House Judiciary Committee P. O. Box 2910 Austin, Texas 78769 Re: Calculation of compensation for retired judges sitting on assignment. Dear Representative Grant: You have requested our opinion regarding the proper method […]

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Opinion No. GA-0427

DAVID SWINFORD Attorney General of Texas — Opinion. May 3, 2006. GREG ABBOTT, Attorney General of Texas The Honorable David Swinford Chair, Committee on State Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the Comptroller of Public Accounts has constitutional or statutory authority to “research, analyze and report” about […]

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Opinion No. MW-488

Gerald Hill Attorney General of Texas — Opinion. July 7, 1982 MARK WHITE, Attorney General of Texas Honorable Gerald Hill Chairman House Committee on Elections Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Whether 47 U.S.C. § 315(b)(1) preempts article 14.09(B) of the Texas Election Code with regard to the rates […]

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Opinion No. JM-658

Chet Brooks Attorney General of Texas — Opinion. March 27, 1987 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: Authority of the Board of Chiropractic Examiners with regard to administration of its licensing examination Dear Senator Brooks: You […]

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Opinion No. DM-117

Edmund Kuempel Attorney General of Texas — Opinion. May 13, 1992 DAN MORALES, Attorney General of Texas Honorable Edmund Kuempel Chairman Committee on House Administration Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether, in a manufactured home credit transaction, V.T C.S. article 5069-6A.08 allows a creditor to require a consumer to […]

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Opinion No. H-1311

Hal H. Hood Attorney General of Texas — Opinion. December 28, 1978 JOHN L. HILL, Attorney General of Texas Honorable Hal H. Hood Commissioner Firemen’s Pension Commission Sam Houston Building Austin, Texas 78701 Re: The time at which a fireman terminates his active service. Dear Commissioner Hood: You have requested an opinion regarding the construction […]

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Opinion No. JM-1114

Hans Mark, Ph.D. Attorney General of Texas — Opinion. November 10, 1989 JIM MATTOX, Attorney General of Texas Hans Mark, Ph.D. Chancellor University of Texas System 201 West 7th Street Austin, Texas 78701 Re: Authority of a state agency to remove asbestos from a public building (RQ-1788) Dear Dr. Mark: Article 4477-3a, V.T.C.S., provides for […]

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Opinion No. GA-0440

MICHAEL W. BEHRENS Attorney General of Texas — Opinion. June 23, 2006. GREG ABBOTT, Attorney General of Texas Mr. Michael W. Behrens, P.E. Executive Director Texas Department of Transportation 125 East 11th Street Austin, Texas 78701-2483 Re: Installation of cameras on state highway rights-of-way to enforce compliance with traffic-control signals (RQ-0427-GA) Dear Mr. Behrens: You […]

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Opinion No. JM-1002

Carl A. Parker Attorney General of Texas — Opinion. January 3, 1989 JIM MATTOX, Attorney General of Texas Honorable Carl A. Parker Chairman Senate Education Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Authority of the Texas Higher Education Coordinating Board over proprietary schools which confer only non-academic degrees, and related questions […]

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Opinion No. H-1275

Ben F. McDonald, Jr. Attorney General of Texas — Opinion. December 8, 1978 JOHN L. HILL, Attorney General of Texas Honorable Ben F. McDonald, Jr. Executive Director Texas Department of Community Affairs Box 13166, Capitol Station Austin, Texas 78711 Re: Authority of the Texas Department of Community Affairs to expend appropriated state funds on public […]

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Opinion No. GA-0286

R. DYKE ROGERS Attorney General of Texas — Opinion. December 20, 2004 GREG ABBOTT, Attorney General of Texas Mr. R. Dyke Rogers, Chairman Texas Racing Commission Post Office Box 12080 Austin, Texas 78711-2080 Re: Whether the Texas Racing Commission may grant a license for a racetrack without a formal certification of election results to the […]

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Opinion No. JM-1188

Terry M. Brown Attorney General of Texas — Opinion. July 23, 1990 JIM MATTOX, Attorney General of Texas Honorable Terry M. Brown Criminal District Attorney Polk County P. O. Box 1717 Livingston, Texas 77351 Re: Whether promotions of the son and daughter of a sheriff violate the nepotism statute, article 5996a, V.T.C.S. (RQ-2018) Dear Mr. […]

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Opinion No. DM-233

Jack Herrington Attorney General of Texas — Opinion. July 9, 1993 DAN MORALES, Attorney General of Texas Honorable Jack Herrington District and County Attorney P.O. Box 364 Red River County Courthouse Clarksville, Texas 75426-0364 Re: Whether the Texas Department of Criminal Justice may operate a work program facility that produces goods and services that are […]

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Opinion No. DM-392

Mike Driscoll Attorney General of Texas — Opinion. May 14, 1996 DAN MORALES, Attorney General of Texas The Honorable Mike Driscoll Harris County District Attorney 1001 Preston, Suite 634 Houston, Texas 77002-1891 Re: Whether an interpreter for a deaf juror may accompany the juror into the jury room during deliberations (RQ-723) Dear Mr. Driscoll: You […]

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Opinion No. JM-950

Henry B. Keene Attorney General of Texas — Opinion. September 2, 1988 JIM MATTOX, Attorney General of Texas Mr. Henry B. Keene Chairman Board of Pardons and Paroles P.O. Box 13401 Austin, Texas 78711 Re: Constitutionality of section 27 of article 42.18 of the Texas Code of Criminal Procedure regarding contracting for parole services, and […]

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Opinion No. GA-0469

CAROLE KEETON STRAYHORN Attorney General of Texas — Opinion. October 18, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Carole Keeton Strayhorn Comptroller of Public Accounts Post Office Box 13528 Austin, Texas 78711-3528 Re: Whether Federal Reserve notes are eligible as collateral for repurchase agreements under chapters 404 and 2256 of the Government Code […]

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Opinion No. H-960

Bill Clayton Attorney General of Texas — Opinion. March 18, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Bill Clayton Speaker of the House State Capitol Austin, Texas 78701 Re: Construction of article 249c pertaining to landscape irrigation. Dear Speaker Clayton: You have requested our opinion concerning the construction of article 249c, V.T.C.S., […]

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Opinion No. JC-0234

J.E. “Buster” Brown Attorney General of Texas — Opinion. June 22, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable J.E. “Buster” Brown Chair, Natural Resource Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether an excavator, who has given proper […]

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Opinion No. DM-402

David Counts Attorney General of Texas — Opinion. July 16, 1996 DAN MORALES, Attorney General of Texas The Honorable David Counts Chair Committee on Natural Resources Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the Charitable Immunity and Liability Act of 1987, Civil Practices and Remedies Code chapter 84, applies to […]

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Opinion No. JM-783

Richard G. Morales, Sr. Attorney General of Texas — Opinion. September 8, 1987 JIM MATTOX, Attorney General of Texas Honorable Richard G. Morales, Sr. Webb County Attorney 1104 Victoria Laredo, Texas 78040 Re: Authority of a sheriff to make certain purchases for the operation of the jail. Dear Mr. Morales: You question whether article 2368a.5, […]

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Opinion No. JC-0340

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

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Opinion No. JM-1267

Terral Smith Attorney General of Texas — Opinion. December 20, 1990 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: Authority of the legislature to permit casino games of chance without a constitutional amendment (RQ-2102) Dear Representative Smith: Article III, section […]

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Opinion No. H-924

Joseph D. Hawkins Attorney General of Texas — Opinion. January 14, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Joseph D. Hawkins Commissioner of Insurance State Board of Insurance 1110 San Jacinto Austin, Texas 78786 Re: Medical liability insurance underwritten by the joint underwriting association. Dear Commissioner Hawkins: You have requested our opinion […]

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Opinion No. H-1319

E. Richard Friedman Attorney General of Texas — Opinion. December 29, 1978 JOHN L. HILL, Attorney General of Texas Honorable E. Richard Friedman, O.D. Chairman of the Board Texas Optometry Board 5555 N. Lamar Austin, Texas 78751 Re: Whether certain financial interest causes a member of the Texas Optometry Board to have a personal private […]

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