Opinion No. GA-0367

MIKE STAFFORD Attorney General of Texas — Opinion. October 14, 2005. GREG ABBOTT, Attorney General of Texas The Honorable Mike Stafford Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 Re: Whether Harris County Animal Control must provide to a private corporation that contracts with the City of Houston information made confidential under chapter […]

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Opinion No. H-1170

Kerry Knorpp and Randall L. Sherrod Attorney General of Texas — Opinion. June 2, 1978 JOHN L. HILL, Attorney General of Texas Honorable Kerry Knorpp County Attorney Potter County Courthouse Amarillo, Texas Honorable Randall L. Sherrod Criminal District Attorney Randall County Courthouse Canyon, Texas Re: Whether Potter and Randall Counties may expend county funds to […]

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Opinion No. JM-1121

Tom O’Connell Attorney General of Texas — Opinion. December 20, 1989 JIM MATTOX, Attorney General of Texas Honorable Tom O’Connell Collin County Criminal District Attorney Collin County Courthouse McKinney, Texas 75069 Re: Authority of a sheriff to contract regarding the jail commissary without consulting the county purchasing agent (RQ-1846) Dear Mr. O’Connell: You ask whether […]

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Opinion No. JM-242

Ed D. Roach Attorney General of Texas — Opinion. December 13, 1984 JIM MATTOX, Attorney General of Texas Mr. Ed D. Roach President West Texas State University Canyon, Texas 79016 Re: Whether West Texas State University may convey certain land to a hospital district SUMMARY Dear President Roach: You advise that, pursuant to chapter 174, […]

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Opinion No. GA-0259

CHARLES A. ROSENTHAL, JR Attorney General of Texas — Opinion. October 13, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Charles A. Rosenthal Jr. Harris County District Attorney 1201 Franklin Street, Suite 600 Houston, Texas 77002 Re: Whether the attorney representing the state under chapter 59 of the Code of Criminal Procedure may transfer […]

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Opinion No. DM-278

William R. Ratliff Attorney General of Texas — Opinion. December 20, 1993 DAN MORALES, Attorney General of Texas Honorable William R. Ratliff Chair Education Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the Dallas County Schools, a county school administration operating under chapters 17 and 18 of the Education Code, is […]

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Opinion No. JC-0515

WARREN CHISUM Attorney General of Texas — Opinion. June 24, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Warren Chisum Chair, House Committee on Environmental Regulation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the provisions of House Bill […]

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Opinion No. H-1290

John J. Kavanagh, M.D. Attorney General of Texas — Opinion. December 18, 1978 JOHN L. HILL, Attorney General of Texas Honorable John J. Kavanagh, M.D. Commissioner Texas Department of Mental Health and Mental Retardation P. O. Box 12668 Austin, Texas 78711 Re: Deposit and use of funds received for genetic counseling services. Dear Commissioner Kavanagh: […]

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Opinion No. MW-116

George M. Cowden Attorney General of Texas — Opinion. December 27, 1979 MARK WHITE, Attorney General of Texas Honorable George M. Cowden Public Utility Commission of Texas 7800 Shoal Creek Boulevard Austin, Texas 78757 Re: Payment of tuition fees under the State Employees Training Act. Dear Mr. Cowden: You ask whether the Public Utilities Commission […]

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Opinion No. MW-58

Gibson D. (Gib) Lewis Attorney General of Texas — Opinion. September 18, 1979 MARK WHITE, Attorney General of Texas Honorable Gibson D. (Gib) Lewis Chairman, Committee on Intergovernmental Affairs House of Representatives Capitol Station 2910 Austin, Texas 78769 Re: Effect of a proposed charter amendment which would inhibit the taxing authority of the City of […]

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Opinion No. MW-259

Ben Z. Grant and Neal Pfeiffer Attorney General of Texas — Opinion. October 29, 1980 MARK WHITE, Attorney General of Texas Honorable Ben Z. Grant Chairman Judiciary Committee House of Representatives Austin, Texas 78769 Honorable Neal Pfeiffer Criminal District Attorney Bastrop County P. O. Box 753 Bastrop, Texas 78602 Re: Failure to timely apply for […]

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Opinion No. H-1315

Joe Resweber Attorney General of Texas — Opinion. December 28, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber County Attorney for Harris County 1001 Preston Houston, Texas 77002 Re: Service of process in forcible entry and detainer suits Dear Mr. Resweber: You have requested our opinion regarding the service of process in […]

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Opinion No. JM-1191

Stephen C. Howard Attorney General of Texas — Opinion. July 25, 1990 JIM MATTOX, Attorney General of Texas Honorable Stephen C. Howard Orange County Attorney County Courthouse Orange, Texas 77630 Re: Whether section 2(g) of article 6252-17, V.T.C.S., authorizes the school principal and school district superintendent to require a teacher’s grievance to be heard in […]

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Opinion No. GA-0683

JOHN W. SEGREST Attorney General of Texas — Opinion November 13, 2008. GREG ABBOTT, Attorney General of Texas The Honorable John W. Segrest McLennan County Criminal District Attorney 219 North Sixth Street, Suite 200 Waco, Texas 76701 Re: Whether a county commissioners court may establish an electronic monitoring program under Code of Criminal Procedure article […]

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Opinion No. GA-0562

CINDY STORMER Attorney General of Texas — Opinion August 14, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Cindy Stormer 235th Judicial District Attorney Cooke County Courthouse Gainesville, Texas 76240 Re: Whether a district attorney may accept donations of funds (RQ-0571-GA) Dear Ms. Stormer: You ask (1) whether you, as District Attorney, may accept […]

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Opinion No. GA-0262

MIKE STAFFORD Attorney General of Texas — Opinion. October 22, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Mike Stafford Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 Re: Deposit and administration of crime control and prevention district’s funds under chapter 363 of the Local Government Code (RQ-0219-GA) Dear Mr. Stafford: On […]

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Opinion No. JM-482

Bob E. Bradley Attorney General of Texas — Opinion. April 23, 1986 JIM MATTOX, Attorney General of Texas Mr. Bob E. Bradley Executive Director Texas State Board of Public Accountancy 1033 La Posada, Suite 340 Austin, Texas 78752 Re: Reconsideration of Attorney General Opinion JM-290 (1984), which construed article 6252-13c, V.T.C.S., to require a licensing […]

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Opinion No. JC-0288

James A. Farren 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 James A. Farren Randall County Criminal District Attorney 501 16th Street Canyon, Texas 79015 Re: Authority of a commissioners court to contract to repair […]

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Opinion No. DM-288

Robert W. Gee Attorney General of Texas — Opinion. April 11, 1994 DAN MORALES, Attorney General of Texas Mr. Robert W. Gee Chair Public Utility Commission of Texas 7800 Shoal Creek Boulevard Austin, Texas 78757 Re: Authority of the Public Utility Commission of Texas to apply for, receive, and expend federal funds, and related questions […]

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Opinion No. H-977

J. B. Hunt Attorney General of Texas — Opinion. April 8, 1977 JOHN L. HILL, Attorney General of Texas The Honorable J. B. Hunt County Auditor Hutchinson County Box 850 Stinnett, Texas 79083 Re: County purchases which must be accompanied by requisitions to receive audit approval, and related questions. Dear Mr. Hunt: Article 1661 reads: […]

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Opinion No. H-1254

Joe Resweber Attorney General of Texas — Opinion. October 10, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber County Attorney 1001 Preston-Suite 634 Houston, Texas 77002 Re: Consolidation of various funds and bank accounts of Harris County and Harris County Flood Control District. Dear Mr. Resweber: You have requested an opinion on […]

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Opinion No. GA-0801

RONALD D. HANKINS Attorney General of Texas — Opinion September 22, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Ronald D. Hankins Somervell County Attorney 204 West Elm Street Glen Rose, Texas 76043 Re: Whether an individual or company in the business of breeding certain birds, rats, mice, hamsters and similar animals for sale […]

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Opinion No. JM-473

Robert E. Bell Attorney General of Texas — Opinion. April 11, 1986 JIM MATTOX, Attorney General of Texas Honorable Robert E. Bell Criminal District Attorney 115 W. Main, Room 205 Edna, Texas 77957 Re: Application fees for solid waste disposal permits Dear Mr. Bell: You advise us that Jackson County has applied to the Texas […]

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Opinion No. JM-1001

Wilbur L. Meier, Jr. Attorney General of Texas — Opinion. January 2, 1989 JIM MATTOX, Attorney General of Texas Dr. Wilbur L. Meier, Jr. Chancellor University of Houston System 4600 Gulf Freeway Suite 425 Houston, Texas 77023 Re: Constitutional authority of an institution of higher education to refund bonds issued under “prior law” (RQ-1406) Dear […]

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Opinion No. JM-1053

Jerry Cobb Attorney General of Texas — Opinion. June 5, 1989 JIM MATTOX, Attorney General of Texas Honorable Jerry Cobb Criminal District Attorney Denton County 5th Floor Carroll Courts P.O. Box 2344 Denton, Texas 76202 Re: Whether a 9-1-1 emergency communication district may increase its fee without an election, and related questions (RQ-1651) Dear Mr. […]

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Opinion No. JM-234

Raymon L. Bynum Attorney General of Texas — Opinion. November 16, 1984 JIM MATTOX, Attorney General of Texas Mr. Raymon L. Bynum Commissioner of Education Texas Education Agency 201 E. Eleventh Street Austin, Texas 78701 Re: Whether article 5996a, V.T.C.S., the nepotism law, is applicable to the special career ladder committees created by House Bill […]

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Opinion No. JM-582

Dale Hanna Attorney General of Texas — Opinion. December 9, 1986 JIM MATTOX, Attorney General of Texas Honorable Dale Hanna Johnson County Attorney 1st Floor Courthouse Cleburne, Texas 76031 Re: Eligibility of a firefighter to take a promotional examination under article 1269m, V.T.C.S. Dear Mr. Hanna: You have requested the opinion of this office regarding […]

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Opinion No. GA-0076

KEVIN BAILEY Attorney General of Texas — Opinion. May 27, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Kevin Bailey Chair, Committee on General Investigating Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a school district may voluntarily pay the medical expenses and travel costs for a student injured in […]

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Opinion No. MW-389

Evans N. Wentz Attorney General of Texas — Opinion. November 10, 1981 MARK WHITE, Attorney General of Texas Honorable Evans N. Wentz Executive Director State Commission for the Blind 314 West 11th Street Austin, Texas 78711 Re: Legality of rider to appropriation for State Commission for the Blind Dear Mr. Wentz: You have requested our […]

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Opinion No. GA-0003

ROBERT DUNCAN Attorney General of Texas — Opinion. December 23, 2002 GREG ABBOTT, Attorney General of Texas The Honorable Robert Duncan Interim Chair Natural Resources Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Authority of the Texas Department of Transportation over construction and maintenance of utility lines along a controlled-access highway (RQ-0563-JC) […]

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Opinion No. JM-775

Benjamin Euresti, Jr. Attorney General of Texas — Opinion. August 26, 1987 JIM MATTOX, Attorney General of Texas Honorable Benjamin Euresti, Jr. Cameron County Attorney 974 E. Harrison Street Brownsville, Texas 78520 Re: Whether the assessor-collector of the Brownsville Irrigation and Drainage District is subject to the Property Taxation Professional Certification Act, article 7244b, V.T.C.S. […]

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Opinion No. GA-0552

RICHARD CLARK Attorney General of Texas — Opinion June 25, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Richard Clark Yoakum County Criminal District Attorney Post Office Box 359 Plains, Texas 79355 Re: Whether a county may own or operate a medical clinic in an adjacent county without the adjacent county’s consent (RQ-0560-GA) Dear […]

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Opinion No. JM-167

John C. Wilson Attorney General of Texas — Opinion. June 18, 1984 JIM MATTOX, Attorney General of Texas Mr. John C. Wilson Executive Director State Commission for the Blind P. O. Box 12866 Austin, Texas 78711 Re: Whether the State Commission for the Blind may contract with private organizations to perform rehabilitative services for blind […]

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Opinion No. JC-0328

Michael P. Fleming Attorney General of Texas — Opinion. January 12, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Michael P. Fleming Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002-1700 Re: Whether penalties and interest on delinquent property taxes are canceled […]

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Opinion No. JM-362

O.L. McCotter Attorney General of Texas — Opinion. October 18, 1985 JIM MATTOX, Attorney General of Texas Mr. O.L. McCotter Director Texas Department of Corrections P.O. Box 99 Huntsville, Texas 77340 Re: Interpretation of the Texas Prison Management Act, article 6184o, V.T.C.S. Dear Mr. McCotter: You ask several questions regarding the Texas Prison Management Act, […]

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Opinion No. MW-195

Bob Bullock and Gerald R. Brown Attorney General of Texas — Opinion. June 12, 1980 MARK WHITE, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts LBJ State Office Building Austin, Texas 78744 Honorable Gerald R. Brown Executive Director Texas Industrial Commission Box 12728, Capitol Station Austin, Texas 78711 Re: Sales tax exemption […]

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Opinion No. JM-30

Mary Polk Attorney General of Texas — Opinion. May 5, 1983 JIM MATTOX, Attorney General of Texas Honorable Mary Polk Chairman Committee on Human Services Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Constitutionality of House Bill No. 1002 relating to a surcharge on telephone bills to pay for telecommunication devices […]

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Opinion No. JM-983

Mike Driscoll Attorney General of Texas — Opinion. November 21, 1988 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston Suite 634 Houston, Texas 77002 Re: Authority of Harris County to establish a system which monitors telephone calls (RQ-1497) Dear Mr. Driscoll: You ask whether Harris County may utilize a […]

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Opinion No. JC-0238

Gary L. Walker 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 Gary L. Walker Chair, Committee on Land and Resource Management Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a county […]

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Opinion No. JM-224

James W. Smith, Jr. Attorney General of Texas — Opinion. November 2, 1984 JIM MATTOX, Attorney General of Texas Honorable James W. Smith, Jr. Frio County Attorney P.O. Box V Pearsall, Texas 78061 Re: Whether section 52.004 of the Property Code dispenses with the requirement of article 5448, V.T.C.S., that each county clerk shall keep […]

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Opinion No. MW-279

Henry Wade Attorney General of Texas — Opinion. November 25, 1980 MARK WHITE, Attorney General of Texas Honorable Henry Wade District Attorney Condemnation Section 6th Floor, Records Building Dallas, Texas 75202 Re: Treatment of crippled children under the provisions of article 4419c Dear Mr. Wade: On behalf of the Dallas County Hospital District, you have […]

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Opinion No. H-1284

Bob Armstrong Attorney General of Texas — Opinion. December 15, 1978 JOHN L. HILL, Attorney General of Texas Honorable Bob Armstrong Commissioner, General Land Office Stephen F. Austin Building Austin, Texas 78701 Re: Authority of the General Land Office to regulate activities on adjoining lands. Dear Commissioner Armstrong: You ask four questions concerning the authority […]

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Opinion No. JC-0243

Debra Danburg 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 Debra Danburg Chair, House Committee on Elections Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Constitutionality of section 255.001(a), Texas Election […]

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Opinion No. JM-760

Joe Warner Bell Attorney General of Texas — Opinion. July 29, 1987 JIM MATTOX, Attorney General of Texas Honorable Joe Warner Bell Trinity County Attorney P.O. Box 979 Groveton, Texas 75845 Re: Whether a peace officer may, without further authorization, release on personal bond a defendant charged with a misdemeanor Dear Mr. Bell: You ask […]

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Opinion No. GA-0017

JOSÉ RODRIGUEZ Attorney General of Texas — Opinion. January 29, 2003 GREG ABBOTT, Attorney General of Texas The Honorable José Rodriguez El Paso County Attorney 500 East San Antonio, Room 203 El Paso, Texas 79901 Re: Whether, in a proceeding under the Juvenile Justice Code, title 3 of the Family Code, the state may recover […]

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Opinion No. JM-227

Lloyd Criss Attorney General of Texas — Opinion. November 7, 1984 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 an employee of a state agency may be terminated while collecting workmen’s compensation due to an […]

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Opinion No. JM-588

James B. Adams Attorney General of Texas — Opinion. December 22, 1986 JIM MATTOX, Attorney General of Texas Mr. James B. Adams Director Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 Re: Whether article XVI, section 40 of the Texas Constitution prohibits DPS officers from serving as members of the governing bodies […]

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Opinion No. H-1106

Clinton Kersey Attorney General of Texas — Opinion. December 19, 1977 JOHN L. HILL, Attorney General of Texas Honorable Clinton Kersey Executive Director Texas Commission on Alcoholism 201 East 14th Street Austin, Texas 78701 Re: Authority of the Texas Commission on Alcoholism under H.B. 321 and S.B. 620. Dear Mr. Kersey: You have requested our […]

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Opinion No. JM-354

Neal Birmingham Attorney General of Texas — Opinion. September 25, 1985 JIM MATTOX, Attorney General of Texas Honorable Neal Birmingham District Attorney P.O. Box 555 Linden, Texas 75563 Re: Whether the exception of section 5(b), article 6701d-11, V.T.C.S., applies to pulpwood or logs being transported to a mill Dear Mr. Birmingham: You request an interpretation […]

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Opinion No. DM-279

James L. Anderson, Jr. Attorney General of Texas — Opinion. December 31, 1993 DAN MORALES, Attorney General of Texas Honorable James L. Anderson, Jr. Aransas County Attorney 301 North Live Oak Rockport, Texas 78382 Re: Whether a concrete material company owned by a county commissioner may provide services and materials to the county or to […]

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Opinion No. MW-420

Lloyd Doggett Attorney General of Texas — Opinion. January 4, 1982 MARK WHITE, Attorney General of Texas Honorable Lloyd Doggett Chairman Senate Subcommittee on Consumer Affairs Texas State Senate Austin, Texas 78711 Re: Nominations for judicial offices created by House Bill No. 958 of the Sixty-seventh Legislature Dear Senator Doggett: You have requested our opinion […]

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Opinion No. MW-148

Ben Z. Grant Attorney General of Texas — Opinion. March 17, 1980 MARK WHITE, Attorney General of Texas Honorable Ben Z. Grant Chairman House Judiciary Committee State Capitol Austin, Texas Re: Whether a person who has successfully completed felony probation is eligible to be a peace officer. Dear Representative Grant: You have requested our opinion […]

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Opinion No. GA-0232

JEFF WENTWORTH Attorney General of Texas — Opinion. August 10, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Jeff Wentworth Chair, Jurisprudence Committee Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether a student fee advisory committee established under section 54.5031 of the Education Code is subject to the Open Meetings […]

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Opinion No. GA-0612

JOE DRIVER Attorney General of Texas — Opinion April 2, 2008 GREG ABBOTT, Attorney General of Texas The Honorable Joe Driver Chair, Committee on Law Enforcement Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a municipality must pay a fire fighter or police officer for an appearance as a witness […]

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Opinion No. GA-0828

ROD BORDELON Attorney General of Texas — Opinion December 10, 2010. GREG ABBOTT, Attorney General of Texas Mr. Rod Bordelon Commissioner of Workers’ Compensation Texas Department of Insurance 7551 Metro Center Drive, Suite 100 Austin, Texas 78744-1609 Re: Whether a workers’ compensation carrier may pay for a prescription drug at a rate lower than the […]

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Opinion No. GA-0485

ROBERT E. TALTON Attorney General of Texas — Opinion. November 21, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Robert E. Talton Chair, Committee on Urban Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Tax status of property owned by limited partnerships created by political subdivisions (RQ-0489-GA) Dear Representative […]

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Opinion No. DM-369

David R. Smith, M.D. Attorney General of Texas — Opinion. December 18, 1995 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 hospital facilities located at separate premises must be separately licensed (RQ-822) Dear Dr. Smith: You ask about licensure […]

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Opinion No. GA-0098

ROBERT R. PUENTE Attorney General of Texas — Opinion. September 8, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Robert R. Puente Chair, House Committee on Natural Resources Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether, under the Open Meetings Act, a river authority may hold an informational meeting that […]

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Opinion No. GA-0823

GAIL LOWE Attorney General of Texas — Opinion December 1, 2010. GREG ABBOTT, Attorney General of Texas Ms. Gail Lowe, Chair State Board of Education 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Public school textbook adoption under recent legislative amendments to the Education Code (RQ-0887-GA) Dear Ms. Lowe: On behalf of the State Board […]

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Opinion No. MW-443

Lias B. `Bubba’ Steen Attorney General of Texas — Opinion. February 11, 1982 MARK WHITE, Attorney General of Texas Mr. Lias B. `Bubba’ Steen Commissioner Texas Department of Labor and Standards E. O. Thompson State Office Bldg. P. O. Box 12157 Austin, Texas 78711 Re: License fee for farm labor contractors Dear Mr. Steen: You […]

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Opinion No. JC-0415

Florence Shapiro Attorney General of Texas — Opinion. September 26, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Florence Shapiro Chair, State Affairs Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether renting a portion of a residence disqualifies that […]

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Opinion No. JM-378

Gary E. Miller, M.D. Attorney General of Texas — Opinion. November 13, 1985 JIM MATTOX, Attorney General of Texas Gary E. Miller, M.D. Commissioner Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, Texas 78711 Re: Whether funds paid to a Mental Health and Mental Retardation facility for services rendered pursuant to […]

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Opinion No. GA-0128

KENNETH ARMBRISTER Attorney General of Texas — Opinion. December 12, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Kenneth Armbrister Chair, Natural Resources Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Responsibility and liability for maintenance of River Road in Refugio County, Texas (RQ-0068-GA) Dear Senator Armbrister: You ask who is […]

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Opinion No. GA-0384

Ms. Gay Dodson Attorney General of Texas — Opinion. December 21, 2005. GREG ABBOTT, Attorney General of Texas. Ms. Gay Dodson, R.Ph. Executive Director/Secretary Texas State Board of Pharmacy 333 Guadalupe Street, Suite 3-600 Austin, Texas 78701-3943 Re: Whether federal law preempts a portion of Senate Bill 410, enacted during the regular session of the […]

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Opinion No. JM-19

William P. Daves, Jr. Attorney General of Texas — Opinion. March 24, 1983 JIM MATTOX, Attorney General of Texas Mr. William P. Daves, Jr. Chairman State Board of Insurance 1110 San Jacinto Austin, Texas 78786 Re: Whether the commissioner of insurance is an `employee’ or `officer’ for purposes of article 6252-8b, V.T.C.S. Dear Mr. Daves: […]

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Opinion No. JC-0423

Tony Goolsby Attorney General of Texas — Opinion. October 19, 2001 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: Limitation on disclosure of driver’s license […]

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Opinion No. H-1063

Bob Bullock Attorney General of Texas — Opinion. September 30, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Bob Bullock Comptroller of Public Accounts State of Texas Austin, Texas 78774 Re: Audit authority of the Comptroller. Dear Mr. Bullock: You seek our opinion as to whether you possess audit authority under various statutes. […]

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Opinion No. MW-300

Willie L. Scott Attorney General of Texas — Opinion. March 9, 1981 MARK WHITE, Attorney General of Texas Mr. Willie L. Scott Major General, Tex-ARNG The Adjutant General Camp Mabry — P. O. Box 5218 Austin, Texas 78763 Re: Whether teacher who voluntarily attends military training is entitled to paid leave under article 5765, V.T.C.S. […]

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Opinion No. MW-121

Steve Elder Attorney General of Texas — Opinion. December 28, 1979 MARK WHITE, Attorney General of Texas Honorable Steve Elder Waller County Attorney P. O. Box 884 Hempstead, Texas 77445 Re: Whether a county hospital authority may authorize an employee to utilize a hospital credit card to purchase gasoline for his personal automobile which is […]

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Opinion No. JM-135

Margaret Moore Attorney General of Texas — Opinion. March 14, 1984 JIM MATTOX, Attorney General of Texas Honorable Margaret Moore Travis County Attorney P.O. Box 1748 Austin, Texas 78767 Honorable Jorge A. Solis Criminal District Attorney Taylor County Courthouse Abilene, Texas 79602 Re: Whether a taxing unit other than a county may impose the penalty […]

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Opinion No. JM-1096

Louise Waddill, R.N. Attorney General of Texas — Opinion. September 19, 1989 JIM MATTOX, Attorney General of Texas Louise Waddill, R.N., Ph.D. Executive Secretary Board of Nurse Examiners 9101 Burnet Road Suite 104 Austin, Texas 78758 Re: Whether a nursing student may administer medications under certain conditions and related questions (RQ-1782) Dear Ms. Waddill: You […]

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Opinion No. JM-844

Lloyd Criss Attorney General of Texas — Opinion. January 14, 1988 JIM MATTOX, Attorney General of Texas Honorable Lloyd Criss Chairman Committee on Labor and Employee Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a door prize may be awarded during an intermission between bingo games (RQ-1293) Dear Representative Criss: […]

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Opinion No. JC-0568

W.C. KIRKENDALL Attorney General of Texas — Opinion. October 29, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable W.C. Kirkendall District Attorney 25th Judicial District of Texas 113 South River, Suite 205 Seguin, Texas 78155 Re: Whether a county commissioners court may set […]

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Opinion No. GA-0869

ELTON R. MATHIS Attorney General of Texas — Opinion August 1, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Elton R. Mathis Waller County Criminal District Attorney 846 Sixth Street, Suite 1 Hempstead, Texas 77445 Re: Whether a county auditor is responsible for oversight of a constable’s continuing education funds allocated under section 1701.157, […]

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Opinion No. JM-111

Ruben M. Torres Attorney General of Texas — Opinion. December 30, 1983 JIM MATTOX, Attorney General of Texas Mr. Ruben M. Torres Chairman Board of Pardons and Paroles P.O. Box 13401, Capitol Station Austin, Texas 78711 Re: Construction of section 21(a) of article 42.12 of the Code of Criminal Procedure Dear Mr. Torres: You have […]

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Opinion No. GA-0141

RODNEY ELLIS Attorney General of Texas — Opinion. February 4, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Rodney Ellis Chair, Government Organization Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Residency requirements for voting in an election in Texas (RQ-0157-GA) Dear Senator Ellis: You ask three questions regarding voter eligibility […]

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Opinion No. JM-1186

James Warren Smith, Jr. Attorney General of Texas — Opinion. July 18, 1990 JIM MATTOX, Attorney General of Texas Honorable James Warren Smith, Jr. Frio County Attorney P. O. Box V Pearsall, Texas 78061-1138 Re: Authority of a county auditor to require constables to submit a monthly report (RQ-1878) Dear Mr. Smith: You ask the […]

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Opinion No. DM-355

Tom Craddick Attorney General of Texas — Opinion. June 23, 1995 DAN MORALES, Attorney General of Texas Honorable Tom Craddick Chair Committee on Ways and Means Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the cash lease method of valuation of open-space land comports with section 1-d-1 of article VIII of […]

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Opinion No. H-1213

James H. Harwell Attorney General of Texas — Opinion. July 21, 1978 JOHN L. HILL, Attorney General of Texas Mr. James H. Harwell Executive Director Texas Industrial Commission 714 Sam Houston State Office Building Austin, Texas 78711 Re: Whether the Texas Legislature may appropriate funds to the Texas Industrial Commission for the purpose of providing […]

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Opinion No. GA-0070

MICHAEL J. GUARINO Attorney General of Texas — Opinion. May 12, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Michael J. Guarino Criminal District Attorney Galveston County 722 Moody, Suite 300 Galveston, Texas 77550 Re: Whether, under chapter 271 of the Texas Local Government Code, Galveston County may use design-build contracts and lease-purchase agreements […]

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Opinion No. GA-0767

CARL A. MONTOYA Attorney General of Texas — Opinion April 5, 2010. GREG ABBOTT, Attorney General of Texas Dr. Carl A. Montoya Chair, Texas School Safety Center Board Brownsville Independent School District 1900 Price Road Brownsville, Texas 78521-2417 Re: Authority of the Board of Directors of the Texas School Safety Center under various provisions of […]

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Opinion No. JM-936

William D. Gooch Attorney General of Texas — Opinion. August 1, 1988 JIM MATTOX, Attorney General of Texas Mr. William D. Gooch Director and Librarian Texas State Library and Archives Commission P.O. Box 12927 Austin, Texas 78711 Re: Whether optical data storage can be used in lieu of microfilm and paper by county clerks and […]

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Opinion No. GA-0725

DAVID P. WEEKS Attorney General of Texas — Opinion July 9, 2009 GREG ABBOTT, Attorney General of Texas The Honorable David P. Weeks Walker County Criminal District Attorney 1036 11th Street Huntsville, Texas 77340 Re: Whether certain reservations and assignments in deeds executed by a member of a city council operate to exclude particular property […]

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Opinion No. JM-703

Edward Woolery-Price Attorney General of Texas — Opinion. May 19, 1987 JIM MATTOX, Attorney General of Texas Honorable Edward Woolery-Price Colorado County Attorney 910 Milam Columbus, Texas 78934 Re: Whether acquittal or dismissal of a charge of driving while intoxicated is a defense to a proceeding under article 6701l-5, V.T.C.S., to suspend a driver’s license […]

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Opinion No. H-932

Joe Hubenak Attorney General of Texas — Opinion. January 27, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Joe Hubenak Chairman Committee on Agriculture Livestock Texas House of Representatives State Capitol Austin, Texas 78767 Re: Application of sales tax exemption to machinery and equipment used by an agricultural cooperative. Dear Chairman Hubenak: You […]

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Opinion No. GA-0655

RAYMUND A. PAREDES Attorney General of Texas — Opinion August 26, 2008. GREG ABBOTT, Attorney General of Texas. Raymund A. Paredes, Ph.D. Commissioner of Higher Education Texas Higher Education Coordinating Board Post Office Box 12788 Austin, Texas 78711 Re: Whether the Higher Education Coordinating Board’s standard method of calculating high school grade point averages must […]

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Opinion No. JC-0022

Richard J. Miller Attorney General of Texas — Opinion. March 12, 1999 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: Constitutionality of section 38.12(d)(2)(C) of the Penal Code, which prohibits an […]

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Opinion No. JM-555

Jerry Hodge, R.Ph. Attorney General of Texas — Opinion. October 8, 1986 JIM MATTOX, Attorney General of Texas Jerry Hodge, R.Ph. President Texas State Board of Pharmacy 211 East 7th Street, Suite 1121 Austin, Texas 78701 Re: Whether the State Board of Pharmacy may license and regulate out-of-state mail-order pharmacies Dear Dr. Hodge: On behalf […]

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Opinion No. DM-285

David H. Cain Attorney General of Texas — Opinion. January 20, 1994 DAN MORALES, Attorney General of Texas Honorable David H. Cain Chair Committee on Transportation Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: What court is the proper forum for prosecutions brought under House Bill 1084, Acts 1993, 73d Leg., ch. […]

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Opinion No. MW-430

Chris Victor Semos Attorney General of Texas — Opinion. January 21, 1982 MARK WHITE, Attorney General of Texas Honorald Chris Victor Semos Chairman House Committee on Business and Industry Capitol Building Austin, Texas 78711 Re: Whether hospital project is subject to ad valorem tax Dear Representative Semos: The Grand Prairie Community Hospital, a hospital authority […]

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Opinion No. MW-102

Richard Morales, Sr. Attorney General of Texas — Opinion. December 17, 1979 MARK WHITE, Attorney General of Texas Honorable Richard Morales, Sr. Webb County Attorney 1810 San Bernardo Laredo, Texas 78040 Re: Whether an elected official may designate a nonelected alternate to serve on the board of directors of a regional planning commission. Dear Mr. […]

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Opinion No. DM-354

John Vance Attorney General of Texas — Opinion. June 22, 1995 DAN MORALES, Attorney General of Texas Honorable John Vance Dallas County District Attorney Frank Crowley Courts Building, LB 19 Dallas, Texas 75207-4313 Re: Whether a trial court may appoint an attorney to represent an indigent capital murder defendant in a postconviction habeas corpus proceeding, […]

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Opinion No. JM-695

J.F. Flack Attorney General of Texas — Opinion. May 13, 1987 JIM MATTOX, Attorney General of Texas Mr. J.F. Flack Harris County Auditor 800 County Administration Bldg. 1001 Preston Houston, Texas 77002 Re: Compensation for criminal district judges while sitting as magistrates Dear Mr. Flack: We are in receipt of a copy of a letter […]

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Opinion No. JM-1040

Bob Bullock Attorney General of Texas — Opinion. April 12, 1989 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Whether an Indian tribe is subject to the Texas Bingo Enabling Act, article 179d, V.T.C.S., and related questions (RQ-1577) Dear Mr. Bullock: You […]

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Opinion No. JM-194

Wiley L. Cheatham Attorney General of Texas — Opinion. August 20, 1984 JIM MATTOX, Attorney General of Texas Honorable Wiley L. Cheatham District Attorney P.O. Box 587 Cuero, Texas 77954 Re: Duties of certain officials under article 42.12, Code of Criminal Procedure Dear Mr. Cheatham: You have asked the following questions regarding the duties, responsibilities, […]

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Opinion No. GA-0001

GARY L. WALKER Attorney General of Texas — Opinion. December 17, 2002 GREG ABBOTT, Attorney General of Texas The Honorable Gary L. Walker Chair, Committee on Land and Resource Management Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Legal effects of groundwater conservation district election held in Bosque, Comanche, and Erath counties […]

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Opinion No. H-1008

Gene R. Danish Attorney General of Texas — Opinion. June 2, 1977 JOHN L. HILL, Attorney General of Texas Honorable Gene R. Danish Chairman Board of Polygraph Examiners Suite 218 Executive Office Terrace 111 West Anderson Lane Austin, Texas 78752 Re: Authority of Board of Polygraph Examiners to pay a 1975-76 travel claim when all […]

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Opinion No. DM-383

Thomas Cameron Attorney General of Texas — Opinion. April 18, 1996 DAN MORALES, Attorney General of Texas Honorable Thomas Cameron Winkler County Attorney P.O. Box 1015 Kermit, Texas 79745 Re: Whether a jail facility is subject to ad valorem taxes when a county occupies it for county purposes under a lease-purchase contract with a private […]

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Opinion No. H-1089

Comptroller of Public Accounts Attorney General of Texas — Opinion. November 10, 1977 JOHN L. HILL, Attorney General of Texas Comptroller of Public Accounts L.B.J. Building Austin, Texas 78774 Re: Use of aircraft owned or leased by State agencies. The Honorable Bob Bullock Dear Mr. Bullock: You have asked several questions about provisions of article […]

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Opinion No. DM-22

Allen Beinke Attorney General of Texas — Opinion. May 3, 1991 DAN MORALES, Attorney General of Texas Mr. Allen Beinke Executive Director Texas Water Commission P.O. Box 13087, Capitol Station Austin, Texas 78711-3087 Re: Authority of an underground water conservation district to assess annual permit and registration fees (RQ-2193) Dear Mr. Beinke: An underground water […]

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