Opinion No. MW-264

Warren G. Harding Attorney General of Texas — Opinion. November 5, 1980 MARK WHITE, Attorney General of Texas Honorable Warren G. Harding State Treasurer P. O. Box 12608 Capitol Station Austin, Texas 78711 Re: Whether the Texas Housing Agency can appoint a custodian of its funds other than the state treasurer Dear Mr. Harding: You […]

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Opinion No. JC-0314

William M. Jennings Attorney General of Texas — Opinion. December 15, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable William M. Jennings Gregg County Criminal District Attorney 101 East Methvin Street, Suite 333 Longview, Texas 75601 Re: Whether and the extent to which […]

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Opinion No. JM-9

C. A. Wilkins Attorney General of Texas — Opinion. March 11, 1983 JIM MATTOX, Attorney General of Texas Mr. C. A. Wilkins Executive Director, Tx. Aeronautics Comm. P. O. Box 12607, Capitol Station Austin, Texas 78711 Re: Loans to cities and counties by the Texas Aeronautics Commission Dear Mr. Wilkins: You have asked whether the […]

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Opinion No. JM-915

W.N. Kirby Attorney General of Texas — Opinion. June 6, 1988 JIM MATTOX, Attorney General of Texas Mr. W.N. Kirby Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether a school district may offset workers’ compensation benefits under article 8309h, V.T.C.S., against benefits paid pursuant to section 13.904 of […]

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Opinion No. MW-465

Reynaldo S. Cantu, Jr. Attorney General of Texas — Opinion. May 6, 1982 MARK WHITE, Attorney General of Texas Honorable Reynaldo S. Cantu, Jr. Criminal District Attorney Cameron County Hall of Justice 974 E. Harrison Street Brownsville, Texas 78520 Re: Compensation of county for transporting prisoners to Texas Department of Corrections Dear Mr. Cantu: You […]

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Opinion No. MW-139

Henry Wade Attorney General of Texas — Opinion. February 6, 1980 MARK WHITE, Attorney General of Texas Honorable Henry Wade District Attorney Sixth Floor, Records Building Dallas, Texas 75202 Re: Validity of county prohibition on the purchase of foreign automobiles. Dear Mr. Wade: You ask whether the Dallas County Commissioners Court has authority to adopt […]

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Opinion No. H-925

Richard W. Carter Attorney General of Texas — Opinion. January 17, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Richard W. Carter Hunt County Attorney Hunt County Courthouse Greenville, Texas 75401 Re: Whether article 9011, V.T.C.S., is unconstitutionally vague. Dear Mr. Carter: You have inquired about the constitutionality of article 9011, V.T.C.S., which […]

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Opinion No. JM-1119

Kent A. Caperton Attorney General of Texas — Opinion. December 18, 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: Effect and authority of a grand jury recommendation regarding a county’s use of night depositories (RQ-1859) Dear Senator Caperton: You […]

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Opinion No. JM-888

S. Dale Ousley Attorney General of Texas — Opinion. April 7, 1988 JIM MATTOX, Attorney General of Texas Mr. S. Dale Ousley Chairman Texas Board of Irrigators 1700 N. Congress Avenue Austin, Texas 78701 Re: Per diem for members of the Texas Board of Irrigators (RQ-1349) Dear Mr. Ousley: You ask whether members of the […]

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Opinion No. JM-854

Ray Farabee Attorney General of Texas — Opinion. February 8, 1988 JIM MATTOX, Attorney General of Texas Honorable Ray Farabee Chairman State Affairs Committee Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Whether a city of more than 10,000 inhabitants is required to grant a minimum 30-minute meal break to police officers […]

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Opinion No. JM-902

D.C. Jim Dozier Attorney General of Texas — Opinion. May 13, 1988 JIM MATTOX, Attorney General of Texas Honorable D.C. Jim Dozier Montgomery County Attorney Courthouse Conroe, Texas 77301 Re: What constitutes an “improvement district” for purposes of article 1667, V.T.C.S. (RQ-1253) Dear Mr. Dozier: You have asked questions concerning article 1667, V.T.C.S. This statute, […]

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Opinion No. DM-79

Bill Turner Attorney General of Texas — Opinion. January 30, 1992 DAN MORALES, Attorney General of Texas Honorable Bill Turner Brazos County District Attorney 300 East 26th Street, Suite 310 Bryan, Texas 77803 Re: Whether a juvenile board created pursuant to chapter 152 of the Human Resources Code has the power to hire and discharge […]

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Opinion No. JM-937

Chet Brooks Attorney General of Texas — Opinion. August 2, 1988 JIM MATTOX, Attorney General of Texas Honorable Chet Brooks Chairman Committee on Health and Human Services Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Insurance coverage for in vitro fertilization (RQ-1334) Dear Senator Brooks: You ask our opinion on a number of […]

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Opinion No. H-1119

Alton D. Ice Attorney General of Texas — Opinion. January 23, 1978 JOHN L. HILL, Attorney General of Texas Honorable Alton D. Ice Executive Director The Advisory Council for Technical-Vocational Education in Texas P. O. Box 1886 Austin, Texas 78767 Re: Whether Advisory Council for Technical-Vocational Education is a State agency. Dear Mr. Ice: You […]

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Opinion No. JC-0581

CAROLE KEETON RYLANDER Attorney General of Texas — Opinion. November 20, 2002 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 Lyndon B. Johnson Building P.O. Box 13528 Austin, Texas 78711-3528 Re: Whether “the Great State Challenge” qualifies […]

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Opinion No. GA-0379

MR. WAYNE THORBURN Attorney General of Texas — Opinion. November 29, 2005. 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 Inspector Committee and its subcommittees may conduct meetings by telephone conference call pursuant to section 551.125(b)(3) […]

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Opinion No. H-983

Carl C. Hardin, Jr. Attorney General of Texas — Opinion. April 19, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Carl C. Hardin, Jr. Executive Director Texas State Board of Dental Examiners 2101 MacArthur Blvd., No. 110 Irving, Texas 75061 Re: Exemption of certain dentists from annual registration. Dear Mr. Hardin: You have […]

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Opinion No. JM-857

Gary Garrison Attorney General of Texas — Opinion. February 16, 1988 JIM MATTOX, Attorney General of Texas Honorable Gary Garrison Ector County Attorney Room 218 Courthouse Odessa, Texas 79761 Honorable Billy Ray Stubblefield Williamson County Attorney P. O. Drawer 1139 Georgetown, Texas 78627 Re: Whether a taxing unit that contracts with a private attorney pursuant […]

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Opinion No. MW-429

Warren G. Harding Attorney General of Texas — Opinion. January 21, 1982 MARK WHITE, Attorney General of Texas Honorable Warren G. Harding State Treasurer L.B.J. Building Austin, Texas 78711 Re: Constitutionality of statute authorizing participation of the permanent and available school fund in a stock and bond loan program Dear Mr. Harding: You request an […]

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Opinion No. DM-161

Robert H. Norris Attorney General of Texas — Opinion. August 27, 1992 DAN MORALES, Attorney General of Texas Mr. Robert H. Norris Executive Director Texas Board of Architectural Examiners 8213 Shoal Creek Blvd., Suite 107 Austin, Texas 78758-7589 Re: Construction of section 16 of article 249a, V.T.C.S., the act regulating the practice of architecture (RQ-186) […]

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Opinion No. JC-0219

Chris D. Prentice Attorney General of Texas — Opinion. May 10, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Chris D. Prentice Hale County Attorney 500 Broadway, Suite #80 Plainview, Texas 79072 Re: Whether local governments that operate utilities or sanitary landfills may […]

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Opinion No. JM-1115

Bobby Joe Mann Attorney General of Texas — Opinion. November 13, 1989 JIM MATTOX, Attorney General of Texas Honorable Bobby Joe Mann Palo Pinto County Attorney Courthouse Palo Pinto, Texas 76072 Re: Whether the Water Commission has the authority to create a district whose boundaries exclude mineral estates located more than 300 feet below the […]

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Opinion No. GA-0516

GERALDINE “TINCY” MILLER Attorney General of Texas — Opinion February 13, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Geraldine “Tincy” Miller Chair, State Board of Education 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Appropriate calculation of the market value of the permanent school fund for making distributions to the available school fund […]

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Opinion No. JM-1258

Bob Bullock Attorney General of Texas — Opinion. December 12, 1990 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Office Building Austin, Texas 78774 Re: Validity of import fees on barges pursuant to section 26.3574 of the Water Code (RQ-2039) Dear Mr. Bullock: Chapter 26 of the Water Code […]

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Opinion No. JM-264

Houston Munson Attorney General of Texas — Opinion. December 21, 1984 JIM MATTOX, Attorney General of Texas Honorable Houston Munson District Attorney 25th Judicial District P.O. Box 99 Gonzales, Texas 78629 Re: Whether a county tax assessor-collector may retain fees for clericals and work performed in aiding an attorney hired by the county to collect […]

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Opinion No. JM-767

Mike Driscoll Attorney General of Texas — Opinion. August 12, 1987 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Filing of financing statements with a county clerk under section 9.403(d) of the Texas Business and Commerce Code. Dear Mr. Driscoll: You seek clarification […]

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Opinion No. JM-346

Henry Wade Attorney General of Texas — Opinion. August 23, 1985 JIM MATTOX, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Condemnation Section Services Building Dallas, Texas 75202 Re: Fees to be charged for filing certain instruments in probate court Dear Mr. Wade: You request the opinion of this office concerning fees, if […]

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Opinion No. GA-0852

JEFF WENTWORTH Attorney General of Texas — Opinion March 30, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Jeff Wentworth Chair, Select Committee on Open Government Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Meaning of the term “enacted revenue measures” for purposes of section 17.10 of article LX of the […]

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Opinion No. GA-0779

JOE DESHOTEL Attorney General of Texas — Opinion May 26, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Joe Deshotel Chair, Committee on Business Industry Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Authority of Spindletop Mental Health Mental Retardation Services to sell or lease certain real property under House […]

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Opinion No. JC-0556

RON LEWIS 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 Ron Lewis Chair, Energy Resources Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a particular special district must notify or […]

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Opinion No. MW-119

Hal H. Hood Attorney General of Texas — Opinion. December 28, 1979 MARK WHITE, Attorney General of Texas Honorable Hal H. Hood Firemen’s Pension Commissioner 503-F Sam Houston State Office Bldg. Austin, Texas 78701 Re: Eligibility for membership in the Pension Fund of a person who has reached his 35th birthday, but has not reached […]

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Opinion No. JM-1011

Terral Smith Attorney General of Texas — Opinion. January 25, 1989 JIM MATTOX, Attorney General of Texas Honorable Terral Smith Chairman Natural Resources Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Computation of the outstanding obligations of a metropolitan transit authority when an election unit withdraws from the authority, and related […]

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Opinion No. GA-0030

RANDAL LEE Attorney General of Texas — Opinion. March 6, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Randal Lee Cass County Criminal District Attorney P.O. Box 839 Linden, Texas 75563 Re: Allocation of appraisal district’s expenses between its appraisal and collection functions (RQ-0598-JC) Dear Mr. Lee: You inquire about the costs that an […]

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Opinion No. DM-197

Marvin J. Titzman Attorney General of Texas — Opinion. January 25, 1993 DAN MORALES, Attorney General of Texas Mr. Marvin J. Titzman Executive Director Texas Surplus Property Agency P. O. Box 8120 San Antonio, Texas 78208-120 Re: Whether the Texas Surplus Property Agency is authorized to obtain fire and casualty insurance to protect agency buildings, […]

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Opinion No. GA-0426

ELIZABETH MURRAY-KOLB Attorney General of Texas — Opinion. May 1, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Elizabeth Murray-Kolb Guadalupe County Attorney 101 East Court Street, Suite 104 Seguin, Texas 78155-5779 Re: Duty of officers who are magistrates under Code of Criminal Procedure article 2.09 to provide warnings to arrestees and whether magistrate […]

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Opinion No. GA-0275

THOMAS A. DAVIS, JR Attorney General of Texas — Opinion. November 24, 2004 GREG ABBOTT, Attorney General of Texas Mr. Thomas A. Davis Jr., Director Texas Department of Public Safety 5805 North Lamar Boulevard Post Office Box 4087 Austin, Texas 78773-0001 Re: Whether section 1702.323(e) of the Occupations Code makes a paralegal or other person […]

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Opinion No. MW-453

Ron Wilson Attorney General of Texas — Opinion. March 10, 1982 MARK WHITE, Attorney General of Texas Honorable Ron Wilson Chairman Health Services Committee House of Representatives State Capitol Building Austin, Texas 78711 Re: Construction of appropriations act provision for funds to the Department of Corrections for new prison unit Dear Representative Wilson: You have […]

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Opinion No. H-1102

Joe Hubenak Attorney General of Texas — Opinion. December 9, 1977 JOHN L. HILL, Attorney General of Texas Honorable Joe Hubenak Chairman, Committee on Agriculture and Livestock House of Representatives Austin, Texas Re: Constitutionality of H.B. 11 in ratifying actions taken to participate in the National Flood Insurance Program. Dear Chairman Hubenak: You have requested […]

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Opinion No. JC-0487

CHARLES MILLER Attorney General of Texas — Opinion. March 27, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Charles Miller Chair, Board of Regents University of Texas System 201 West Seventh Street Austin, Texas 78701-2981 Re: Whether the Board of Regents of the University […]

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Opinion No. H-1039

Tom O’Connell Attorney General of Texas — Opinion. August 10, 1977 JOHN L. HILL, Attorney General of Texas Honorable Tom O’Connell District Attorney McKinney, Texas 75069 Re: Whether a bank’s service as county depository constitutes branch banking when the bank is located outside the county seat. Dear Mr. O’Connell: You have requested our opinion regarding […]

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Opinion No. MW-315

Mike Driscoll Attorney General of Texas — Opinion. March 26, 1981 MARK WHITE, Attorney General of Texas Honorable Mike Driscoll County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Criminal District Courts Manager of Harris County Dear Mr. Driscoll: You have requested our opinion as to whether the Harris County Commissioners Court is authorized […]

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Opinion No. JM-626

Neal E. Birmingham Attorney General of Texas — Opinion. January 26, 1987 JIM MATTOX, Attorney General of Texas Honorable Neal E. Birmingham District Attorney P.O. Box 940 Linden, Texas 75563 Re: Interpretation and constitutionality of Indigent Health Care and Treatment Act, article 4438f, V.T.C.S. Dear Mr. Birmingham: You inquire whether certain hospitals are public hospitals […]

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Opinion No. DM-483

Richard J. Miller Attorney General of Texas — Opinion. September 2, 1998 DAN MORALES, Attorney General of Texas The Honorable Richard J. Miller Bell County Attorney P.O. Box 1127 Belton, Texas 76513 The Honorable Bill Moore Johnson County Attorney 2 North Main Street, First Floor Courthouse Cleburne, Texas 76031 Re: Whether a sheriff’s authority to […]

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Opinion No. H-1201

Ogden Bass Attorney General of Texas — Opinion. July 3, 1978 JOHN L. HILL, Attorney General of Texas Honorable Ogden Bass Brazoria County District Attorney Angleton, Texas 77515 Re: Whether a magistrate in an administrative driver’s license suspension hearing authorized by 6701l-5, V.T.C.S., has the power to probate the suspension of the driver’s license. Dear […]

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Opinion No. JM-35

L. J. Lacina, Jr. Attorney General of Texas — Opinion. June 1, 1983 JIM MATTOX, Attorney General of Texas Honorable L. J. Lacina, Jr. Washington County Attorney Courthouse Brenham, Texas 77833 Re: Whether junior college district must provide funds to operate the county appraisal district pursuant to section 6.06 of the Tax Code Dear Mr. […]

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Opinion No. JC-0410

Bill G. Carter 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 Bill G. Carter Chair, House Committee on Urban Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether an emergency communication […]

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Opinion No. JC-0551

J.E. “BUSTER” BROWN 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 J.E. “Buster” Brown Chair, Senate Natural Resources Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the term “two designated lanes […]

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Opinion No. MW-325

David G. Lewis Attorney General of Texas — Opinion. April 16, 1981 MARK WHITE, Attorney General of Texas Honorable David G. Lewis Sherman County Attorney P. O. Box 986 Stratford, Texas 79084 Re: Payment of filing fees and court costs Dear Mr. Lewis: You have asked two questions regarding the collection of fees by public […]

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Opinion No. JM-422

Tim Rodgers Attorney General of Texas — Opinion. January 15, 1986 JIM MATTOX, Attorney General of Texas Honorable Tim Rodgers Wise County Auditor P.O. Box 899 Decatur, Texas 76234 Re: Whether the offices of constable and city marshal, and the offices of justice of the peace and municipal judge, are incompatible; and related matters Dear […]

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Opinion No. GA-0368

NORMA CHÁVEZ Attorney General of Texas — Opinion. October 21, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Norma Chávez, Chair Committee on Border and International Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768 Re: Whether a civil service commission may authorize retroactive salary increases for municipal employees (RQ-0339-GA) Dear […]

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Opinion No. DM-266

Rick Perry Attorney General of Texas — Opinion. October 25, 1993 DAN MORALES, Attorney General of Texas Honorable Rick Perry Commissioner Texas Department of Agriculture P.O. Box 12847 Austin, Texas 78711 Re: Construction of the provisions of sections 52.012 and 52.085 of the Agriculture Code regarding agricultural cooperative marketing association member voting rights (RQ-321) Dear […]

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Opinion No. MW-407

Ray Farabee Attorney General of Texas — Opinion. December 10, 1981 MARK WHITE, Attorney General of Texas Honorable Ray Farabee Chairman State Affairs Committee of the Texas Senate State Archives Building, Room 411 Austin, Texas 78711 Re: Characterization of `right-to-use’ timesharing plans in resort communities Dear Senator Farabee: You advise us that a concept known […]

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Opinion No. H-969

W. E. Snelson Attorney General of Texas — Opinion. April 1, 1977 JOHN L. HILL, Attorney General of Texas The Honorable W. E. Snelson Chairman Senate Committee on Intergovernmental Relations State Capitol Austin, Texas Re: Whether a city or county can require disclosure of public officials assets and income. Dear Chairman Snelson: You have requested […]

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Opinion No. DM-459

Eugene D. Taylor Attorney General of Texas — Opinion. December 12, 1997 DAN MORALES, Attorney General of Texas The Honorable Eugene D. Taylor Williamson County Attorney Courthouse Annex, Second Floor 405 Martin Luther King, Box 7 Georgetown, Texas 78626 Re: Whether the State of Texas is exempted from paying filing fees and other court costs […]

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Opinion No. JM-934

Kenneth H. Ashworth Attorney General of Texas — Opinion. July 28, 1988 JIM MATTOX, Attorney General of Texas Honorable Kenneth H. Ashworth Commissioner Texas Higher Education Coordinating Board P.O. Box 12788 Austin, Texas 78711 Re: Dual membership on Board of Trustees of Houston Independent School District and Houston Community College District (RQ-1421) Dear Mr. Ashworth: […]

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Opinion No. JM-721

John R. Hale Attorney General of Texas — Opinion. June 16, 1987 JIM MATTOX, Attorney General of Texas Mr. John R. Hale Commissioner Credit Union Department 914 East Anderson Lane Austin, Texas 78752 Re: Constitutionality of House Bill Nos. 1953 and 1531, which regulate the sale of motor vehicles Dear Commissioner Hale: You inquire about […]

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Opinion No. H-1292

Robert E. Stewart Attorney General of Texas — Opinion. December 19, 1978 JOHN L. HILL, Attorney General of Texas Honorable Robert E. Stewart Commissioner Department of Banking 2601 North Lamar Austin, Texas 78705 Re: Whether financial institutions including banks, may participate on a fee basis in a cash dispensing machine network operated by a corporate […]

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Opinion No. GA-0206

BILL R. TURNER Attorney General of Texas — Opinion. June 18, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Bill R. Turner Brazos County District Attorney 300 East 26th Street, Suite 310 Bryan, Texas 77803 Re: Whether the Bryan Business Council, Inc. is subject to the Open Meetings Act, chapter 551 of the Government […]

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Opinion No. H-976

James L. Edwards Attorney General of Texas — Opinion. April 8, 1977 JOHN L. HILL, Attorney General of Texas The Honorable James L. Edwards Comanche County Attorney Box 147 Comache, Texas 76442 Re: Whether a county is required to provide ambulance service. Dear Mr. Edwards: You have requested our opinion concerning whether a county is […]

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Opinion No. GA-0795

PATRICK M. ROSE. Attorney General of Texas — Opinion August 27, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Patrick M. Rose Chair, Committee on Human Services Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Jurisdiction over land that is annexed by two separate special districts (RQ-0812-GA). Dear Representative Rose: […]

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Opinion No. DM-67

Travis S. Ware Attorney General of Texas — Opinion. December 11, 1991 DAN MORALES, Attorney General of Texas Honorable Travis S. Ware Criminal District Attorney Lubbock County P. O. Box 10536 Lubbock, Texas 79408-3536 Re: Operation of a jail commissary under section 351.0415 of the Local Government Code (RQ-148) Dear Mr. Ware: You ask several […]

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Opinion No. DM-153

David R. Smith, M.D. Attorney General of Texas — Opinion. August 13, 1992 DAN MORALES, Attorney General of Texas David R. Smith, M.D. Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756-3199 Re: Whether the Texas Abortion Facility Reporting and Licensing Act, Health and Safety Code chapter 245, authorizes the Department of […]

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Opinion No. GA-0584

JAMES L. KEFFER and BYRON COOK Attorney General of Texas — Opinion December 14, 2007. GREG ABBOTT, Attorney General of Texas The Honorable James L. Keffer Chair, Committee on Ways and Means Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 The Honorable Byron Cook Chair, Committee on Civil Practices Texas House of […]

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Opinion No. GA-0768

JESSE W. ROGERS Attorney General of Texas — Opinion April 6, 2010. GREG ABBOTT, Attorney General of Texas Jesse W. Rogers, Ph.D. President, Midwestern State University Office of the President 3410 Taft Boulevard Wichita Falls, Texas 76308 Re: Whether certain endowment funds of a state university may be invested only in investments authorized under the […]

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Opinion No. JM-1183

Vernon M. Arrell Attorney General of Texas — Opinion. July 5, 1990 JIM MATTOX, Attorney General of Texas Mr. Vernon M. Arrell Commissioner Texas Rehabilitation Commission 4900 North Lamar Blvd. Austin, Texas 78751-2316 Re: Applicability of the provisions of the Texas Internal Auditing Act, article 6252-5d, V.T.C.S., to the Texas Rehabilitation Commission (RQ-1869) Dear Mr. […]

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Opinion No. MW-184

Jimmy Mankins Attorney General of Texas — Opinion. May 28, 1980 MARK WHITE, Attorney General of Texas Honorable Jimmy Mankins, Chairman Committee on Employment Practices Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Procedure in assessing costs in the Crime Victims Compensation Act, article 8309-1, V.T.C.S. Dear Mr. Mankins: You have […]

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Opinion No. JC-0539

TONY GOOLSBY Attorney General of Texas — Opinion. August 7, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Tony Goolsby Chair, Committee on House Administration Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a slaughterhouse in Texas that slaughters, […]

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Opinion No. JC-0429

Terry Julian Attorney General of Texas — Opinion. November 6, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Terry Julian Executive Director Texas Commission on Jail Standards P. O. Box 12985 Austin, Texas 78711-2985 Re: Whether the Texas Commission on Jail Standards may inspect […]

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Opinion No. JM-641

Bevil B. Wright Attorney General of Texas — Opinion. March 2, 1987 JIM MATTOX, Attorney General of Texas Honorable Bevil B. Wright Hardin County Attorney P.O. Box 516 Kountze, Texas 77625 Re: Whether a county tax rate increase to provide for indigent health care services is subject to a rollback election under section 26.07 of […]

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Opinion No. JM-1074

Mike Driscoll Attorney General of Texas — Opinion. July 26, 1989 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Whether the establishment of a separate payroll department by a commissioners court impermissibly infringes on duties assigned to the county treasurer (RQ-1541) Dear Mr. […]

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Opinion No. JM-584

Karl E. Bishop Attorney General of Texas — Opinion. December 11, 1986 JIM MATTOX, Attorney General of Texas Mr. Karl E. Bishop Executive Director Texas Board of Licensure for Nursing Home Administrators 4800 N. Lamar Austin, Texas 78756 Re: Whether the Texas Board of Licensure for Nursing Home Administrators may hold meetings by teleconference call […]

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Opinion No. DM-371

David R. Smith, M.D. Attorney General of Texas — Opinion. December 29, 1995 DAN MORALES, Attorney General of Texas David R. Smith, M.D. Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756-7111 Re: Whether Attorney General Opinion DM-283 (1994) correctly determined that a county clerk may collect a security fee, as authorized […]

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Opinion No. GA-0448

O.C. “CHET” ROBBINS Attorney General of Texas — Opinion. August 15, 2006. GREG ABBOTT, Attorney General of Texas Mr. O.C. “Chet” Robbins Executive Director Texas Funeral Service Commission Post Office Box 12217 Austin, Texas 78711 Re: Applicability of chapter 711, Health and Safety Code, to a family cemetery (RQ-0440-GA) Dear Mr. Robbins: You ask “whether […]

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Opinion No. DM-61

Robert A. MacLean, M.D. Attorney General of Texas — Opinion. November 27, 1991 DAN MORALES, Attorney General of Texas Robert A. MacLean, M.D. Acting Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756-3199 Re: Whether a “properly qualified applicant” for a certified copy of a death certificate may receive the entire copy […]

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Opinion No. GA-0148

FRED HILL Attorney General of Texas — Opinion. February 12, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Fred Hill Chair, Committee on Local Government Ways and Means Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether recent amendments to section 11.13(l) of the Tax Code may be applied to restrict […]

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Opinion No. MW-509

Henry Wade Attorney General of Texas — Opinion. August 31, 1982 MARK WHITE, Attorney General of Texas Honorable Henry Wade Criminal District Attorney 601 Elm Street Dallas, Texas 75202 Re: Longevity pay for deputy sheriffs Dear Mr. Wade: Your question concerns article 3912f-7, V.T.C.S., which provides in pertinent part as follows: (a) The commissioners court […]

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Opinion No. MW-533

Julio A. Garcia Attorney General of Texas — Opinion. December 22, 1982 MARK WHITE, Attorney General of Texas Honorable Julio A. Garcia District Attorney Webb and Zapata Counties P. O. Box 1343 Laredo, Texas 78040 Re: Whether Webb County must fund the Laredo-Webb County Child Welfare Unit Dear Mr. Garcia: You have asked whether Webb […]

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Opinion No. JM-714

Stan Schlueter Attorney General of Texas — Opinion. June 1, 1987 JIM MATTOX, Attorney General of Texas Honorable Stan Schlueter Chairman Ways and Means Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Constitutionality of House Bill No. 966, which would extend the oil severance tax to oil imported from outside the […]

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Opinion No. JM-699

John D. Hughes Attorney General of Texas — Opinion. May 15, 1987 JIM MATTOX, Attorney General of Texas Honorable John D. Hughes Hood County Attorney Room 6, County Courthouse Granbury, Texas 76048 Re: Whether a county clerk is required to notify nondeveloper owners of land in a subdivision of a developer’s request to revise a […]

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Opinion No. JC-0110

James Warren Smith, Jr. Attorney General of Texas — Opinion. September 9, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable James Warren Smith, Jr. Frio County Attorney 500 East San Antonio Street, Box 1 Pearsall, Texas 78061-3100 Re: Authority of a court with […]

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Opinion No. JM-1232

Jim Mapel Attorney General of Texas — Opinion. October 9, 1990 JIM MATTOX, Attorney General of Texas Honorable Jim Mapel Criminal District Attorney Brazoria County Courthouse Angleton, Texas 77515 Re: Authority of a county to conduct a private resale of property under section 34.05 of the Tax Code (RQ-1913) Dear Mr. Mapel: If property upon […]

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Opinion No. GA-0449

ARMANDO R. VILLALOBOS Attorney General of Texas — Opinion. August 15, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Armando R. Villalobos Cameron County District Attorney 974 East Harrison Brownsville, Texas 78520 Re: Whether premium payments for health insurance and car allowances provided to the mayor and city commissioners of Brownsville constitute “compensation” for […]

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Opinion No. H-1000

Bill White Attorney General of Texas — Opinion. May 25, 1977 JOHN L. HILL, Attorney General of Texas Honorable Bill White Criminal District Attorney San Antonio, Texas 78205 Re: Application of Open Meetings Act to commissioners court sitting as a board of equalization. Dear Mr. White: You inquire about the application of the Open Meetings […]

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Opinion No. GA-0372

ROBERT F. VITITOW Attorney General of Texas — Opinion. November 3, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Robert F. Vititow Rains County Attorney 220 West Quitman Post Office Box 1075 Emory, Texas 75440 Re: Whether a county clerk may collect a court reporter service fee under section 51.601 of the Government Code […]

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Opinion No. JM-478

Bob Bullock Attorney General of Texas — Opinion. April 17, 1986 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Building Austin, Texas 78711 Re: Application of the franchise tax to “oil exchange” contracts and “oil matching buy-sell” contracts Dear Mr. Bullock: You ask about the meaning of “gross receipts” […]

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Opinion No. JM-912

Jimmy F. Davis Attorney General of Texas — Opinion. June 1, 1988 JIM MATTOX, Attorney General of Texas Honorable Jimmy F. Davis Castro County District Attorney Castro County Courthouse Dimmitt, Texas 79027-2689 Re: Expungement of criminal convictions under certain provisions of the Texas Code of Criminal Procedure (RQ-1325) Dear Mr. Davis: You ask: 1. Under […]

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Opinion No. H-950

Joe Resweber Attorney General of Texas — Opinion. March 8, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas Re: Payment of remittance of a judgment of a bail bond forfeiture. Dear Mr. Resweber: You have requested our opinion concerning the proper payment of […]

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Opinion No. JM-314

R. K. Procunier Attorney General of Texas — Opinion. May 1, 1985 JIM MATTOX, Attorney General of Texas Mr. R. K. Procunier Director Texas Department of Corrections P. O. Box 99 Huntsville, Texas 77340 Re: Whether article 6184f, V.T.C.S., prohibits classification of an inmate as a trusty for the purpose of article 6181-1, V.T.C.S. Dear […]

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Opinion No. GA-0667

SHERRI K. TIBBE Attorney General of Texas — Opinion October 1, 2008. Page 1 GREG ABBOTT, Attorney General of Texas The Honorable Sherri K. Tibbe Hays County Criminal District Attorney 110 East Martin Luther King San Marcos, Texas 78666 Re: Whether a county bail bond board may suspend or revoke an individual surety’s license for […]

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Opinion No. MW-406

George M. Cowden Attorney General of Texas — Opinion. December 8, 1981 MARK WHITE, Attorney General of Texas Mr. George M. Cowden Chairman Texas Public Utility Commission 7800 Shoal Creek Boulevard Suite 400N Austin, Texas 78757 Re: Appeals to Texas Public Utility Commission of municipal rate orders regarding municipally owned electric utilities Dear Chairman Cowden: […]

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Opinion No. JC-0558

FRANK MADLA Attorney General of Texas — Opinion. September 20, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Frank Madla Chair, Intergovernmental Relations Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether a provision of the nepotism statute prohibits a […]

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Opinion No. DM-121

Ray Farabee and James F. Hury, Jr. Attorney General of Texas — Opinion. May 13, 1992 DAN MORALES, Attorney General of Texas Mr. Ray Farabee Vice Chanecellor The University of Texas Office of General Counsel 201 West 7th Street Austin, Texas 78701 Honorable James F. Hury, Jr. Chairman Ways and Means Committee Texas House of […]

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Opinion No. JC-0555

CATHY L. HENDRICKS Attorney General of Texas — Opinion. September 12, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Cathy L. Hendricks Executive Director Texas Board of Architectural Examiners 333 Guadalupe, Suite 2-350 Austin, Texas 78701-3942 Re: Confidentiality of disability information collected by the […]

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Opinion No. GA-0318

PAUL MALLETT Attorney General of Texas — Opinion. April 29, 2005 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 certain members of the Commission on State Emergency Communications are entitled to receive compensatory per diem (RQ-0288-GA) Dear […]

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Opinion No. JM-798

Rayford A. Ratliff Attorney General of Texas — Opinion. September 28, 1987 JIM MATTOX, Attorney General of Texas Honorable Rayford A. Ratliff Moore County Attorney P.O. Box 634 Dumas, Texas 79029 Re: Whether a defendant is eligible for misdemeanor probation while he is serving a probated felony sentence Dear Mr. Ratliff: You ask: 1. Does […]

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Opinion No. DM-162

Phyllis Massey Attorney General of Texas — Opinion. September 8, 1992 DAN MORALES, Attorney General of Texas Ms. Phyllis Massey Dewitt County Auditor 307 N. Gonzales St. Cuero, Texas 77954 Re: Whether the provisions of article 59.06(c) of the Code of Criminal Procedure, directing that certain forfeited property be deposited in “special funds in the […]

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Opinion No. DM-225

Clem R. Cannon Attorney General of Texas — Opinion. June 8, 1993 DAN MORALES, Attorney General of Texas Honorable Clem R. Cannon Karnes County Auditor 200 East Calvert Karnes City, Texas 78118 Re: Liability for costs of health care provided to indigent inmates of the Karnes County Jail (RQ-420) Dear Mr. Cannon: You ask who […]

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Opinion No. DM-359

Ray Farabee Attorney General of Texas — Opinion. July 21, 1995 DAN MORALES, Attorney General of Texas Mr. Ray Farabee Vice Chancellor and General Counsel The University of Texas System 201 West Seventh Street Austin, Texas 78701-2981 Re: Eligibility of certain individuals, enrolled as students at the University of Texas at Austin, to claim exemption […]

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Opinion No. GA-0662

TONY GOOLSBY Attorney General of Texas — Opinion September 11, 2008. Page 1 GREG ABBOTT, Attorney General of Texas The Honorable Tony Goolsby Chair, Committee on House Administration Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Application of Local Government Code section 143.014(c) to municipalities that have adopted Local Government Code […]

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Opinion No. JM-466

Clint Hackney Attorney General of Texas — Opinion. April 4, 1986 JIM MATTOX, Attorney General of Texas Honorable Clint Hackney Chairman Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a home rule city may amend its charter within less than two years of a previous charter amendment Dear […]

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