Opinion No. GA-0272

LISA IVIE MILLER Attorney General of Texas — Opinion. November 22, 2004 GREG ABBOTT, Attorney General of Texas Ms. Lisa Ivie Miller Commissioner Office of Fire Fighters’ Pension Commissioner Post Office Box 12577 Austin, Texas 78711 Re: Whether the Office of Fire Fighters’ Pension Commissioner may charge an administrative fee to participating departments in its […]

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Opinion No. H-1282

Bob Bullock Attorney General of Texas — Opinion. December 14, 1978 JOHN L. HILL, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Building Austin, Texas 78774 Re: Whether a city adopting the local sales and use tax after October 1, 1979, may impose that tax on the residential use of gas […]

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Opinion No. MW-122

Hal H. Hood Attorney General of Texas — Opinion. January 3, 1980 MARK WHITE, Attorney General of Texas Firemen’s Pension Commissioner 503-F Sam Houston State Office Bldg. Austin, Texas 78701 Re: Whether a retired volunteer fireman may continue to serve. Honorable Hal H. Hood Dear Commissioner Hood: You have requested our opinion regarding whether a […]

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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. DM-48

Ernestine V. Glossbrenner Attorney General of Texas — Opinion. October 10, 1991 DAN MORALES, Attorney General of Texas Honorable Ernestine V. Glossbrenner Chairman Public Education Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Whether school districts have the authority to pay school employees for accrued sick leave (RQ-147) Dear Representative […]

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Opinion No. JM-493

Kent A. Caperton Attorney General of Texas — Opinion. May 19, 1986 JIM MATTOX, Attorney General of Texas Honorable Kent A. Caperton Chairman Committee on Criminal Justice Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether a city council, a planning commission, or a zoning board of adjustment is authorized to grant specific […]

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Opinion No. JM-335

William A. Ewert, Jr. Attorney General of Texas — Opinion. July 22, 1985 JIM MATTOX, Attorney General of Texas Honorable William A. Ewert, Jr. Kleberg County Attorney P.O. Box 1411 Kingsville, Texas 78363 Re: Whether a county must comply with the public auction requirements of article 44941, V.T.C.S., in order to sell a county hospital […]

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Opinion No. JM-1174

Ron Lindsey Attorney General of Texas — Opinion. May 15, 1990 JIM MATTOX, Attorney General of Texas Mr. Ron Lindsey Commissioner Texas Department of Human Services P.O. Box 149030 Austin, Texas 78714-9030 Re: Authority of the Texas Department of Human Services to extend medicaid coverage to children under age six meeting certain income criteria (RQ-1989) […]

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Opinion No. JC-0367

José R. Rodréguez Attorney General of Texas — Opinion. April 13, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable José R. Rodréguez El Paso County Attorney 500 East San Antonio, Room 203 El Paso, Texas 79901 Re: Whether a county may charge an […]

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Opinion No. GA-0401

PAUL MALLETT Attorney General of Texas — Opinion. February 21, 2006. GREG ABBOTT, Attorney General of Texas Mr. Paul Mallett, Executive Director Commission on State Emergency Communications 333 Guadalupe Street, Suite 2-212 Austin, Texas 78701-3942 Re: Whether the Commission on State Emergency Communications or the Comptroller of Public Accounts has primary jurisdiction to determine in […]

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Opinion No. MW-297

H. L. Snow Attorney General of Texas — Opinion. March 6, 1981 MARK WHITE, Attorney General of Texas Honorable H. L. Snow Willacy County Auditor Courthouse Raymondville, Texas 78580 Re: Whether the county may pay employees twice monthly Dear Mr. Snow: You have asked the following question: Does the Willacy county auditor have the authority […]

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Opinion No. MW-367

Charles D. Travis Attorney General of Texas — Opinion. September 10, 1981 MARK WHITE, Attorney General of Texas Honorable Charles D. Travis Executive Director Texas Parks Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Authority of Department of Parks Wildlife to refund fees paid by Jacintoport for dredged material taken from Carpenter’s Bayou […]

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Opinion No. GA-0682

BEVERLY WOOLLEY Attorney General of Texas — Opinion November 13, 2008. Page 1 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 Re: Meaning of “administrative costs” for purposes of section 352.1015(c), Tax Code, relating to the expenditures of […]

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Opinion No. MW-536

John B. Holmes, Jr. Attorney General of Texas — Opinion. December 22, 1982 MARK WHITE, Attorney General of Texas Honorable John B. Holmes, Jr. Harris County District Attorney 201 Fannin, Suite 200 Houston, Texas 77002 Re: Whether article 1813(a), V.T.C.S., providing for terms of less than six years for appellate judges is unconstitutional Dear Mr. […]

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Opinion No. JC-0325

Pete P. Gallego Attorney General of Texas — Opinion. January 5, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Pete P. Gallego Chair, Committee on General Investigating Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a governmental body may […]

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Opinion No. H-1138

Mary E. Evins Attorney General of Texas — Opinion. March 17, 1978 JOHN L. HILL, Attorney General of Texas Mrs. Mary E. Evins, C.E.C. Chairwoman Texas Private Employment Agency Regulatory Board Box 12157 Austin, Texas 78711 Re: Application of the Texas semimonthly pay law to earned commissions. Dear Mrs. Evins: You explain that many employees […]

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Opinion No. MW-60

Felipe Reyna Attorney General of Texas — Opinion. September 28, 1979 MARK WHITE, Attorney General of Texas Honorable Felipe Reyna Criminal District Attorney McLennan County Waco, Texas 76710 Re: Use of county funds to operate a zoo. Dear Mr. Reyna: You have requested our opinion regarding the use of county funds to operate a zoo. […]

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Opinion No. MW-586

Maurice S. Pipkin Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Mr. Maurice S. Pipkin Executive Director State Commission on Judicial Conduct P. O. Box 12265, Capitol Station Austin, Texas 78711 Re: Whether former district judge serving on judicial assignment may practice law between assignments Dear Mr. Pipkin: […]

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Opinion No. GA-0886

HOPE ANDRADE Attorney General of Texas — Opinion September 14, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Hope Andrade Texas Secretary of State Post Office Box 12697 Austin, Texas 78711-2697 Re: Whether chapter 603, Texas Government Code, is applicable to notaries public (RQ-0968-GA) Dear Secretary Andrade: You explain that chapter 406 of the […]

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Opinion No. GA-0841

ALLAN B. RITTER Attorney General of Texas — Opinion February 7, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Allan B. Ritter Chair, Committee on Natural Resources Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a part-time municipal court judge may simultaneously serve as a member of the Board […]

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Opinion No. GA-0246

BRUCE ISAACKS Attorney General of Texas — Opinion. September 2, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Bruce Isaacks Denton County Criminal District Attorney Post Office Box 2344 Denton, Texas 76202 Re: Whether a civil service commissioner of a municipality governed by chapter 143, Local Government Code, may be appointed to two or […]

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Opinion No. GA-0873

PHIL GARRETT Attorney General of Texas — Opinion August 9, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Phil Garrett Palo Pinto County Attorney Post Office Box 190 Palo Pinto, Texas 76484 Re: Whether there is an exception for diesel turbine engines to the requirement that all vehicles have a muffler (RQ-0949-GA) Dear Mr. […]

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Opinion No. JM-706

Lloyd Criss Attorney General of Texas — Opinion. May 22, 1987 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: Effect of chapter 56 of the Water Code with regard to the authority of the Galveston County […]

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Opinion No. GA-0850

MIKE HAMILTON Attorney General of Texas — Opinion March 30, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Mike Hamilton Chair, House Committee on Licensing and Administrative Procedures Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the Eagle Pass independent School District is subject to a municipal ordinance that […]

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Opinion No. H-921

Homer A. Foerster Attorney General of Texas — Opinion. January 11, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Homer A. Foerster Executive Director State Board of Control P. O. Box 13047, Capitol Station Austin, Texas 78711 Re: Whether sheltered workshops organized by the Department of Mental Health and Mental Retardation may bid […]

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Opinion No. JM-985

Charles D. Penick Attorney General of Texas — Opinion. November 23, 1988 JIM MATTOX, Attorney General of Texas Mr. Charles D. Penick Criminal District Attorney Bastrop County 804 Pecan Street Bastrop, Texas 78602 Re: The meaning of “emergency” in section 3A of the Texas Open Meetings Act, article 6252-17, V.T.C.S., and whether a governmental entity […]

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Opinion No. DM-97

Chet Brooks Attorney General of Texas — Opinion. March 13, 1992 DAN MORALES, Attorney General of Texas Honorable Chet Brooks Chairman Committee on Health and Human Services Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether Texas procedure whereby a man voluntarily can establish paternity of a child born out of wedlock “Legitimates” […]

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Opinion No. JM-405

Ann Postma Musgrove Attorney General of Texas — Opinion. December 23, 1985 JIM MATTOX, Attorney General of Texas Honorable Ann Postma Musgrove Childress County Attorney County Courthouse Childress, Texas 79201 Re: Whether a building owned by a hospital district is exempt from taxation under section 11.11 of the Tax Code Dear Ms. Musgrove: You ask […]

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Opinion No. MW-498

Bob Bullock Attorney General of Texas — Opinion. July 19, 1982 MARK WHITE, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Effect of appropriations act rider limiting payment of plaintiff’s attorney fees in suits against the Department of Corrections Dear Mr. Bullock: You have […]

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Opinion No. JM-293

Allen Parker, Sr. Attorney General of Texas — Opinion. December 31, 1984 JIM MATTOX, Attorney General of Texas Mr. Allen Parker, Sr. Commissioner Texas Department of Labor and Standards P.O. Box 12157 Austin, Texas 78711 Re: Whether certain services fall within the definition of a “personnel service” under article 5221a-7, V.T.C.S. Dear Commissioner Parker: You […]

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Opinion No. DM-436

Gonzalo Barrientos Attorney General of Texas — Opinion. March 13, 1997 DAN MORALES, Attorney General of Texas The Honorable Gonzalo Barrientos Chair, Committee on Legislative and Congressional Redistricting Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether state may operate an airport for the use of state aircraft and condemn land for that […]

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Opinion No. H-947

Bob Bullock Attorney General of Texas — Opinion. February 25, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Bob Bullock Comptroller of Public Accounts State of Texas 104 L.B.J. State Office Bldg. Austin, Texas 78711 Re: Transfer of funds by the Comptroller Dear Mr. Bullock: You have requested our opinion concerning your authority […]

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Opinion No. GA-0356

JERI YENNE Attorney General of Texas — Opinion. September 12, 2005. GREG ABBOTT, Attorney General of Texas. The Honorable Jeri Yenne Brazoria County Criminal District Attorney 111 East Locust Street Angleton, Texas 77515 Re: Retroactive application of municipal term limit provisions (RQ-0327-GA) Dear Ms. Yenne: On behalf of the Alvin City Attorney, you ask whether […]

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Opinion No. JC-0553

WARREN CHISUM Attorney General of Texas — Opinion. September 12, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Warren Chisum Chairman Committee on Environmental Regulation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a creating unit must review a […]

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Opinion No. H-1276

Ben F. McDonald, Jr. Attorney General of Texas — Opinion. December 11, 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: Determination of authority of Texas Department of Community Affairs to administer the section 8 Housing […]

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Opinion No. GA-0124

DAVID SWINFORD Attorney General of Texas — Opinion. November 18, 2003 GREG ABBOTT, Attorney General of Texas The Honorable David Swinford Chair, Committee on Government Reform Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether municipal hotel occupancy tax revenue may be used to fund certain programs at a county senior center […]

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Opinion No. JC-0404

Michael A. McDougal Montgomery Attorney General of Texas — Opinion. August 10, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Michael A. McDougal Montgomery County District Attorney 301 North Thompson, Suite 106 Conroe, Texas 77301-2824 Re: Meaning of the term “recording” in Code […]

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Opinion No. JM-1265

W.N. Kirby Attorney General of Texas — Opinion. December 19, 1990 JIM MATTOX, Attorney General of Texas Dr. W.N. Kirby Commissioner of Education Texas Education Agency 1701 N. Congress Avenue Austin, Texas 78701-1494 Re: Whether certain funds from school-related activities may be used by a school district to provide scholarships for graduates (RQ-2092) Dear Dr. […]

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Opinion No. JC-0375

Mike Moncrief Attorney General of Texas — Opinion. May 1, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Mike Moncrief Chair, Committee on Human Services Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether a contractual requirement that a superintendent of […]

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Opinion No. MW-402

Stephen Davidchik Attorney General of Texas — Opinion. December 3, 1981 MARK WHITE, Attorney General of Texas Honorable Stephen Davidchik Grayson County Attorney Third Floor, Courthouse Sherman, Texas 75090 Re: Taxation of mineral interests Dear Mr. Davidchik: The Choctaw Watershed Improvement District was created by an act of the legislature and empowered to levy and […]

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Opinion No. GA-0364

WILL HARTNETT Attorney General of Texas — Opinion. October 3, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Will Hartnett Chair, Committee on the Judiciary Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether constables may receive, in addition to their salaries, fees for delivering notices required by Property Code […]

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Opinion No. DM-405

Robert Hill Trapp Attorney General of Texas — Opinion. July 29, 1996 DAN MORALES, Attorney General of Texas Honorable Robert Hill Trapp Criminal District Attorney San Jacinto County P.O. Box 430 Coldspring, Texas 77331 Re: Whether a county salary grievance committee may consider an aggrieved elected county officer’s complaint after the start of the county’s […]

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Opinion No. DM-6

Chet Brooks Attorney General of Texas — Opinion. February 27, 1991 DAN MORALES, Attorney General of Texas Honorable Chet Brooks Chairman Senate Committee of the Whole on Redistricting Legislature of the State of Texas P. O. Box 12068 Austin, Texas 78711-2068 Honorable Tom Uher Chairman House Redistricting Committee Texas House of Representatives P. O. Box […]

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Opinion No. MW-260

James B. Adams Attorney General of Texas — Opinion. October 30, 1980 MARK WHITE, Attorney General of Texas Colonel James B. Adams Director Department of Public Safety 5805 N. Lamar Austin, Texas 78773 Re: Whether conviction of involuntary manslaughter results in automatic suspension of a driver’s license Dear Colonel Adams: You ask whether article 6687b, […]

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Opinion No. DM-68

Brenda H. Collier Attorney General of Texas — Opinion. December 11, 1991 DAN MORALES, Attorney General of Texas Ms. Brenda H. Collier Chair Texas Board of Private Investigators and Private Security Agencies P. O. Box 13509, Capitol Station Austin, Texas 78711 Re: Whether article 4413(29bb), V.T.C.S., authorizes the Texas Board of Private Investigators and Private […]

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Opinion No. GA-0740

ANNA LAURA CAVAZOS RAMIREZ Attorney General of Texas — Opinion October 13, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Anna Laura Cavazos Ramirez Webb County Attorney 1110 Washington Street, Suite 301 Laredo, Texas 78040 Re: Authority to limit the frequency of property appraisals by an appraisal district to once every three years (RQ-0792-GA) […]

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Opinion No. GA-0775

ROB EISSLER Attorney General of Texas — Opinion May 20, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Rob Eissler Chair, Committee on Public Education Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Authority of a school district to set property tax rates under section 26.08, Tax Code (RQ-0839-GA) Dear […]

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Opinion No. GA-0267

HELEN GIDDINGS Attorney General of Texas — Opinion. November 1, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Helen Giddings Chair, Committee on Business and Industry Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether, under section 54.012(5) of the Local Government Code, a municipality may enact an ordinance prescribing […]

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Opinion No. GA-0490

Leticia Van de Putte. Attorney General of Texas — Opinion. December 4, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Leticia Van de Putte, R.Ph. Chair, Committee on Veterans Affairs and Military Installations Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether golf carts and tractors are “motor vehicles” for purposes […]

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Opinion No. H-1014

Royce C. Johnston Attorney General of Texas — Opinion. June 10, 1977 JOHN L. HILL, Attorney General of Texas Honorable Royce C. Johnston Acting County Attorney Kleberg County Kingsville, Texas 78363 Re: Authority of a city-county recreation board to expend funds. Dear Mr. Johnston: You have requested our opinion concerning the expenditure of funds by […]

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Opinion No. JC-0481

CLYDE ALEXANDER Attorney General of Texas — Opinion. March 25, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Clyde Alexander Chair, House Committee on Transportation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether Harris County may prohibit a tow […]

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Opinion No. GA-0824

JOE SHANNON Attorney General of Texas — Opinion December 1, 2010. 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 a court investigator appointed by a statutory county probate judge is covered by the […]

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Opinion No. JM-1194

George Pierce Attorney General of Texas — Opinion. July 27, 1990 JIM MATTOX, Attorney General of Texas Honorable George Pierce Chairman Committee on Urban Affairs Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Authority of a municipality to advance compensation to an employee (RQ-1924) Dear Representative Pierce: You ask: May a […]

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Opinion No. DM-445

Antonio O. Garza, Jr. Attorney General of Texas — Opinion. July 25, 1997 DAN MORALES, Attorney General of Texas The Honorable Antonio O. Garza, Jr. Secretary of State Office of the Secretary of State of Texas P.O. Box 12697 Austin, Texas 78711-2697 Commissioner Elton Bomer Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 […]

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Opinion No. JC-0248

Joey Longley Attorney General of Texas — Opinion. July 10, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Joey Longley Director, Sunset Advisory Commission P.O. Box 13066 Austin, Texas 78711-3066 Re: Whether a state agency that is the subject of a public hearing before […]

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Opinion No. JM-609

Robert Bernstein, M.D. Attorney General of Texas — Opinion. December 30, 1986 JIM MATTOX, Attorney General of Texas Robert Bernstein, M.D. Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756 Re: Whether a self-employed massage therapy instructor who supervises more than two apprentices conducts a massage therapy school for purposes of article […]

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Opinion No. JM-1228

Ralph R. Wallace, III Attorney General of Texas — Opinion. October 3, 1990 JIM MATTOX, Attorney General of Texas Honorable Ralph R. Wallace, III Chairman Cultural Historical Resources Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Authority of an heir-finder to receive compensation for expenses (RQ-1997) Dear Representative Wallace: You ask […]

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Opinion No. JM-187

Lyndon L. Olson, Jr. Attorney General of Texas — Opinion. August 13, 1984 JIM MATTOX, Attorney General of Texas Mr. Lyndon L. Olson, Jr. Chairman State Board of Insurance 1110 San Jacinto Boulevard Austin, Texas 78786 Re: Reconsideration of JM-88: Whether the Insurance Code per se prohibits certain financial arrangements between a life insurance company […]

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Opinion No. JC-0053

Kimberly K. Edwards Attorney General of Texas — Opinion. May 26, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Kimberly K. Edwards Executive Director Texas Public Finance Authority 300 West 15th Street, Suite 411 P.O. Box 12906 Austin, Texas 78711-2047 Re: Whether a bond […]

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Opinion No. GA-0282

WAYNE THORBURN Attorney General of Texas — Opinion. December 14, 2004 GREG ABBOTT, Attorney General of Texas Mr. Wayne Thorburn Administrator Texas Real Estate Commission Post Office Box 12188 Austin, Texas 78711-2188 Re: Whether the Texas Real Estate Commission may establish by rule minimum service standards for a real estate broker who enters into an […]

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Opinion No. H-1095

Joseph N. Murphy, Jr. Attorney General of Texas — Opinion. November 22, 1977 JOHN L. HILL, Attorney General of Texas Honorable Joseph N. Murphy, Jr. Executive Director Employees Retirement System of Texas Box 12337 Capitol Station Austin, Texas 78711 Re: Eligibility of certain county attorneys for participation in the Employees Retirement System. Dear Mr. Murphy: […]

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Opinion No. GA-0160

CHRIS HARRIS Attorney General of Texas — Opinion. March 3, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Chris Harris Chair, Committee on Administration Texas State Senate P.O. Box 12068 Austin, Texas 78711-0268 Re: Determination of the minimum number of signatures required on a petition for a local option election under the Alcoholic Beverage […]

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Opinion No. MW-523

James S. McGrath Attorney General of Texas — Opinion. December 22, 1982 MARK WHITE, Attorney General of Texas Honorable James S. McGrath Criminal District Attorney Jefferson County P. O. Box 2553 Beaumont, Texas 77704 Re: The special fund established by section 54.061(c) of the Family Code Dear Mr. McGrath: You have asked two questions dealing […]

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Opinion No. DM-191

David Cain Attorney General of Texas — Opinion. December 16, 1992 DAN MORALES, Attorney General of Texas Honorable David Cain Chairman Transportation Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: The withdrawal and reconsideration of Attorney General Opinion DM-17 (1991) (RQ-468) Dear Representative Cain: You have asked this office to […]

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Opinion No. JM-356

Ray Farabee Attorney General of Texas — Opinion. September 25, 1985 JIM MATTOX, Attorney General of Texas Honorable Ray Farabee Chairman State Affairs Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 Re: Whether Senate Bill No. 32, Acts 1985, 69th Legislature, repealed article 4590-4, V.T.C.S., which relates to the removal of […]

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Opinion No. GA-0215

ROBERT E. TALTON Attorney General of Texas — Opinion. July 12, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Robert E. Talton Chairman, Urban Affairs Committee Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a peace officer may order the removal of a disabled vehicle to a location other […]

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Opinion No. DM-443

Bruce A. Levy Attorney General of Texas — Opinion. July 8, 1997 DAN MORALES, Attorney General of Texas Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners P.O. Box 2018 Austin, Texas 78768-2018 Re: Authority of a physical therapist to perform needle electromyography testing (RQ-928) Dear Dr. Levy: On behalf of […]

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Opinion No. JC-0477

RANDALL S. JAMES Attorney General of Texas — Opinion. March 12, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Randall S. James Banking Commissioner Texas Department of Banking 2601 North Lamar Boulevard Austin, Texas 78705-4294 Re: Applicability of section 154.155(d) of the Finance Code […]

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Opinion No. JC-0304

F.M. “Skip” Langley Attorney General of Texas — Opinion. November 10, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn F.M. “Skip” Langley, D.V.M., M.D., J.D. Executive Director Texas State Board of Medical Examiners P.O. Box 2018 Austin, Texas 78768-2018 Re: Whether the Texas Board of […]

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Opinion No. H-1096

George W. McNiel Attorney General of Texas — Opinion. November 23, 1977 JOHN L. HILL, Attorney General of Texas Honorable George W. McNiel State Auditor Sam Houston State Office Building P. O. Box 12067 Austin, Texas 78711 Re: Whether a short period between employment by two different state agencies constitutes a break in state employment. […]

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Opinion No. DM-486

Al Edwards Attorney General of Texas — Opinion. November 10, 1998 DAN MORALES, Attorney General of Texas The Honorable Al Edwards Chair, Committee on Rules and Resolutions Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether an individual convicted of a prior federal offense may apply for restoration of civil rights forfeited […]

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Opinion No. GA-0447

ALBERT HAWKINS Attorney General of Texas — Opinion. August 15, 2006. GREG ABBOTT, Attorney General of Texas Mr. Albert Hawkins Executive Commissioner Texas Health and Human Services Commission Post Office Box 13247 Austin, Texas 78711 Re: Whether the Office for the Prevention of Developmental Disabilities is an autonomous state agency or whether it is subject […]

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Opinion No. JM-452

Fred S. Brinkley, Jr. Attorney General of Texas — Opinion. March 14, 1986 JIM MATTOX, Attorney General of Texas Mr. Fred S. Brinkley, Jr. Executive Director/Secretary Texas State Board of Pharmacy 211 East 7th Street, Suite 1121 Austin, Texas 78701 Re: Whether the Texas State Board of Pharmacy may license a foreign pharmacy graduate under […]

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Opinion No. JC-0387

Juan J. Hinojosa Attorney General of Texas — Opinion. June 5, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Juan J. Hinojosa Chair, Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether section 573.012 of the […]

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Opinion No. GA-0529

JESUSA SANCHEZ-VERA Attorney General of Texas — Opinion March 9, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Jesusa Sanchez-Vera Jim Wells County Attorney Post Office Drawer 2080 Alice, Texas 78333 Re: Whether Texas Constitution article III, section 52-a and Local Government Code section 380.001 authorize a city to make a loan to a […]

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Opinion No. JM-1086

W.N. Kirby, Ph.D. Attorney General of Texas — Opinion. August 18, 1989 JIM MATTOX, Attorney General of Texas W.N. Kirby, Ph.D. Commissioner of Education Texas Education Agency 1701 North Congress Ave. Austin, Texas 78701-1494 Re: Effective date of section 7 of House Bill 2566, which revises the teacher career ladder statutes (RQ-1773) Dear Dr. Kirby: […]

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Opinion No. H-1274

Joe Wyatt, Jr. Attorney General of Texas — Opinion. December 8, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Wyatt, Jr. Chairman House Committee on Ways Means State Capitol Austin, Texas 78711 Re: Administration of article VIII, section 1-d of the Texas Constitution. Dear Representative Wyatt: You have requested our opinion regarding the […]

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Opinion No. H-982

Joe Resweber Attorney General of Texas — Opinion. April 18, 1977 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber Harris County Attorney Houston, Texas 77002 Re: Authority of county treasurer with respect to payment of jurors. Dear Mr. Resweber: You have requested our opinion on the legality of a procedure adopted by the […]

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Opinion No. H-1128

Wilson E. Speir Attorney General of Texas — Opinion. February 27, 1978 JOHN L. HILL, Attorney General of Texas Honorable Wilson E. Speir Director of Public Safety P. O. Box 4087 Austin, Texas 78773 Re: Whether a court is required to report certain convictions to the Department of Public Safety where probation is granted. Dear […]

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Opinion No. JM-151

Robert O. Viterna Attorney General of Texas — Opinion. May 2, 1984 JIM MATTOX, Attorney General of Texas Mr. Robert O. Viterna Executive Director Texas Commission on Jail Standards P.O. Box 12985 Austin, Texas 78711 Re: Whether a county jail must accept state statute violators delivered by municipal police officers, and related questions Dear Mr. […]

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Opinion No. JM-1254

Marcus D. Taylor Attorney General of Texas — Opinion. December 10, 1990 JIM MATTOX, Attorney General of Texas Honorable Marcus D. Taylor Criminal District Attorney Wood County P.O. Box 689 Quitman, Texas 75783 Re: Whether the awarding of a contract precludes a county from making spot purchases from another supplier (RQ-2015) Dear Mr. Taylor: You […]

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Opinion No. MW-53

Andy Shuval Attorney General of Texas — Opinion. September 5, 1979 MARK WHITE, Attorney General of Texas Mr. Andy Shuval Executive Director Texas Prosecutors Coordinating Council P. O. Box 13555 Austin, Texas 78711 Re: The length of the terms of office of members of the Texas Prosecutors Coordinating Council. Dear Mr. Shuval: You have asked […]

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Opinion No. JM-22

Frank Tejeda Attorney General of Texas — Opinion. March 29, 1983 JIM MATTOX, Attorney General of Texas Honorable Frank Tejeda Chairman Committee on Judicial Affairs Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Whether a judge of a court of record receiving a full-time salary can receive a fee for performing […]

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Opinion No. JM-97

Larry Temple Attorney General of Texas — Opinion. December 5, 1983 JIM MATTOX, Attorney General of Texas Mr. Larry Temple Chairman Coordinating Board Texas College and University System P.O. Box 12788, Capitol Station Austin, Texas 78711 Re: Whether an individual may serve simultaneously as a member of the Coordinating Board and a Junior College Board […]

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Opinion No. DM-131

Charles S. Brack Attorney General of Texas — Opinion. June 29, 1992 DAN MORALES, Attorney General of Texas Honorable Charles S. Brack Chambers County Attorney P.O. Box 1200 Anahuac, Texas 77514 Re: Whether a hospital district may lease part of its facility for the operation of a private adolescent drug treatment facility (RQ-278) Dear Mr. […]

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Opinion No. JC-0439

David M. Motley Attorney General of Texas — Opinion. December 3, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable David M. Motley Kerr County Attorney Kerr County Courthouse, Suite BA-103 700 Main Street Kerrville, Texas 78028 Re: Whether statutes cited in various contracts […]

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Opinion No. DM-95

Gary Watkins Attorney General of Texas — Opinion. March 4, 1992 DAN MORALES, Attorney General of Texas Honorable Gary Watkins Chairman Committee on Higher Education Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Whether a city council violates the Open Meetings Act when a majority of the council signs a letter […]

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Opinion No. GA-0169

TROY FRASER Attorney General of Texas — Opinion. March 23, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Troy Fraser Chair, Business Commerce Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether the common-law doctrine of incompatibility prohibits a city council member from simultaneously serving as a member of the board […]

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Opinion No. JC-0008

Ken Oden Attorney General of Texas — Opinion. February 26, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Ken Oden Travis County Attorney P.O. Box 1748 Austin, Texas 78767 Re: Whether section 15(g) of the Bail Bond Act, Tex. Rev. Civ. Stat. Ann. […]

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Opinion No. DM-127

Carl A. Parker Attorney General of Texas — Opinion. June 17, 1992 DAN MORALES, Attorney General of Texas Honorable Carl A. Parker Chairman Subcommittee on Insurance Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Whether V.T.C.S. article 224 et seq., the Texas general arbitration statute, violates article 1, section 13 of the […]

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Opinion No. GA-0419

RICHARD SLACK Attorney General of Texas — Opinion. March 27, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Richard Slack Reeves County Attorney Post Office Box 825 Pecos, Texas 79772 Re: Whether the nepotism statute is applicable to the employment of a sheriff’s relative by a private company that operates a county detention center […]

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Opinion No. JM-517

Mike Driscoll Attorney General of Texas — Opinion. July 11, 1986 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Whether a justice of the peace may be relieved of liability for cash shortages in his account Dear Mr. Driscoll: You ask the following […]

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Opinion No. DM-450

Kenneth H. Ashworth Attorney General of Texas — Opinion. September 2, 1997 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 community college district may charge and collect from its students a mandatory technology fee, and related questions (RQ-929) […]

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Opinion No. DM-318

Lynn Ellison Attorney General of Texas — Opinion. January 19, 1995 DAN MORALES, Attorney General of Texas Honorable Lynn Ellison District Attorney Atascosa County Courthouse Circle Drive, No. 5A Jourdanton, Texas 78026 Re: Whether articles 2.12 and 2.13, Code of Criminal Procedure, authorize peace officers to enforce city ordinances (RQ-719) Dear Mr. Ellison: You ask […]

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Opinion No. GA-0164

ALICIA G. KEY Attorney General of Texas — Opinion. March 15, 2004 GREG ABBOTT, Attorney General of Texas Ms. Alicia G. Key Administrative Director Office of Court Administration 205 West 14th Street, Suite 600 Austin, Texas 78711-2066 Re: Whether court reporters who are full-time state employees may receive a fee for a transcript in addition […]

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Opinion No. GA-0100

JOSÉ R. RODRIGUEZ Attorney General of Texas — Opinion. September 12, 2003 GREG ABBOTT, Attorney General of Texas The Honorable José R. Rodriguez El Paso County Attorney 500 East San Antonio, Room 503 El Paso, Texas 79901 Re: Whether a school district’s contract for “a comprehensive energy management consultation” is an energy savings performance contract […]

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Opinion No. GA-0338

ISMAEL “KINO” FLORES Attorney General of Texas — Opinion. July 13, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Ismael “Kino” Flores Chair, Committee on Licensing and Administrative Procedures Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether Civil Practice and Remedies Code section 75.002, subsections (f) and (g) apply […]

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Opinion No. JC-0242

Richard J. Miller Attorney General of Texas — Opinion. June 29, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Richard J. Miller Bell County Attorney P.O. Box 1127 Belton, Texas 76513 Re: Whether the state has a right to a jury trial in […]

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Opinion No. JM-938

Oliver Lewis, Jr. Attorney General of Texas — Opinion. August 3, 1988 JIM MATTOX, Attorney General of Texas Mr. Oliver Lewis, Jr. Bexar County Auditor 224 Dwyer San Antonio, Texas 78204 Re: Conflict between portions of the Government Code regarding salary supplementation of district judges in Bexar County (RQ-1401) Dear Mr. Lewis: You ask us […]

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