Opinion No. JM-20

M. G. Wells Attorney General of Texas — Opinion. March 24, 1983 JIM MATTOX, Attorney General of Texas Honorable M. G. Wells County Attorney Anderson County Courthouse P. O. Box 707 Palestine, Texas 75801 Re: Approval of subdivision plats Dear Mr. Wells: You have asked about the authority of the city of Palestine, an incorporated […]

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Opinion No. JM-1058

Charles Stevenson Attorney General of Texas — Opinion. June 14, 1989 JIM MATTOX, Attorney General of Texas Mr. Charles Stevenson Acting Commissioner Texas Department of Human Services P.O. Box 2960 Austin, Texas 78769 Re: Whether the Texas Open Meetings Act authorizes a governmental body to hold “briefing sessions” to receive information from staff members without […]

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Opinion No. DM-389

James W. Carr Attorney General of Texas — Opinion. May 2, 1996 DAN MORALES, Attorney General of Texas The Honorable James W. Carr Lavaca County Attorney Box 576, Second Floor Courthouse Hallettsville, Texas 77964 Re: Whether a county clerk must file a judgment issued by a “common law court” (RQ-876) Dear Mr. Carr: You have […]

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Opinion No. MW-319

Carl A. Parker Attorney General of Texas — Opinion. April 10, 1981 MARK WHITE, Attorney General of Texas Honorable Carl A. Parker Chairman Senate Committee on Financial Institutions P. O. Box 12068 Austin, Texas 78711 Re: Whether article XVI, section 11 of the Texas Constitution requires that legislation tying the interest rate to a moving […]

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Opinion No. JC-0113

Barry B. Telford Attorney General of Texas — Opinion. September 22, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Barry B. Telford Chair, Committee on Calendars Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether article III, section 52 of […]

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Opinion No. GA-0231

MIKE STAFFORD Attorney General of Texas — Opinion. August 10, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Mike Stafford Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 Re: Whether the family protection fee, which section 51.961 of the Government Code authorizes a commissioners court to adopt, violates the open courts provision, […]

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Opinion No. H-1320

Reagan V. Brown Attorney General of Texas — Opinion. December 29, 1978 JOHN L. HILL, Attorney General of Texas Honorable Reagan V. Brown Commissioner of Agriculture P. O. Box 12847 Austin, Texas 78711 Re: Whether Department of Agriculture can require business selling nursery products and florist items to obtain nursery inspection certificate and floral inspection […]

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Opinion No. JC-0117

Katherine A. Thomas Attorney General of Texas — Opinion. September 28, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Katherine A. Thomas, M.N., R.N. Executive Director Board of Nurse Examiners for the State of Texas P.O. Box 430 Austin, Texas 78767-0430 Re: Whether the […]

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Opinion No. H-1145

Henry Wade Attorney General of Texas — Opinion. March 28, 1978 JOHN L. HILL, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Dallas County Dallas, Texas 75202 Re: Compensation of former district judges who are assigned to hear cases. Dear Mr. Wade: You have requested our opinion regarding the manner of compensation of […]

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Opinion No. MW-589

Mike Westergren Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Honorable Mike Westergren Nueces County Attorney Courthouse, Room 206 Corpus Christi, Texas 78401 Re: Construction of article 1.83 of the Texas Family Code (persons authorized to conduct marriage ceremony) Dear Mr. Westergren: You have asked whether a person […]

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Opinion No. DM-181

Todd K. Brown Attorney General of Texas — Opinion. November 17, 1992 DAN MORALES, Attorney General of Texas Mr. Todd K. Brown Executive Director Texas Workers’ Compensation Commission Southfield Building 4000 South IH-35 Austin, Texas 78704-7491 Re: Whether information related to an employee’s “no lost time injuries” must be released by the Texas Workers’ Compensation […]

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Opinion No. GA-0422

CARL REYNOLDS Attorney General of Texas — Opinion. April 13, 2006. GREG ABBOTT, Attorney General of Texas Mr. Carl Reynolds Administrative Director Office of Court Administration Post Office Box 12066 Austin, Texas 78711-2066 Re: Confidentiality of grand and petit jury lists (RQ-0380-GA) Dear Mr. Reynolds: You ask about the confidentiality of grand and petit jury […]

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Opinion No. JC-0103

Jeri Yenne Attorney General of Texas — Opinion. September 1, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jeri Yenne Brazoria County Criminal District Attorney 111 East Locust, Room 408A Angleton, Texas 77515 Re: Juvenile court jurisdiction over a 17-year-old who has violated […]

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Opinion No. JM-265

James Warren Smith, Jr. Attorney General of Texas — Opinion. December 21, 1984 JIM MATTOX, Attorney General of Texas Honorable James Warren Smith, Jr. Frio County Attorney P.O. Box V Pearsall, Texas 78061 Re: Whether charging excessive fees for copies of public documents constitutes a criminal offense under the Open Records Act Dear Mr. Smith: […]

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Opinion No. JM-1135

Robert Bernstein, M.D. Attorney General of Texas — Opinion. January 11, 1990 JIM MATTOX, Attorney General of Texas Robert Bernstein, M.D., F.A.C.P. Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756-3199 Re: Construction of the Human Immunodeficiency Virus Services Act, article 4419b-4, V.T.C.S. (RQ-1886) Dear Dr. Bernstein: You ask three questions regarding […]

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Opinion No. GA-0394

DAN W. HEARD Attorney General of Texas — Opinion. February 6, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Dan W. Heard Calhoun County Criminal District Attorney Post Office Box 1001 Port Lavaca, Texas 77979 Re: Whether a substitute teacher may receive compensation for serving as a member of a city council (RQ-0373-GA) Dear […]

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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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Opinion No. JC-0547

JIM SOLIS Attorney General of Texas — Opinion. August 28, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jim Solis Chair, Committee on Economic Development Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether a mayor may serve as both […]

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Opinion No. JM-647

Frank E. Vandiver, PhD Attorney General of Texas — Opinion. March 18, 1987 JIM MATTOX, Attorney General of Texas Frank E. Vandiver, PhD President Texas A M University System 319 System Building College Station, Texas 77843 Re: Whether certain applicants for admission to Texas universities are residents of Texas for purposes of payment of tuition […]

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Opinion No. DM-193

Charles D. Travis Attorney General of Texas — Opinion. December 28, 1992 DAN MORALES, Attorney General of Texas Mr. Charles D. Travis Executive Director Employees Retirement System of Texas P. O. Box 13207 Austin, Texas 78711-3207 Re: Whether V.T.C.S. article 6813g requires the Employees Retirement System of Texas to designate broad types of coverage or […]

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Opinion No. JM-155

Ron Jackson Attorney General of Texas — Opinion. May 9, 1984 JIM MATTOX, Attorney General of Texas Mr. Ron Jackson Executive Director Texas Youth Council P.O. Box 9999 Austin, Texas 78766 Re: Whether the Professional Services Procurement Act precludes an inquiry into architectural or engineering fees Dear Mr. Jackson: You inform us that the Texas […]

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Opinion No. JM-515

George Pierce Attorney General of Texas — Opinion. July 10, 1986 JIM MATTOX, Attorney General of Texas Honorable George Pierce Chairman Committee on Urban Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a city may hire non-civil service personnel in positions which are supervised by the fire chief Dear Representative […]

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Opinion No. MW-52

Joe Resweber Attorney General of Texas — Opinion. September 4, 1979 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Incarceration of municipal prisoners in the Harris County Jail. Dear Mr. Resweber: You have asked our opinion on several questions. You first ask whether […]

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Opinion No. JM-1172

Phil Nichols Attorney General of Texas — Opinion. May 2, 1990 JIM MATTOX, Attorney General of Texas Honorable Phil Nichols Erath County Attorney Courthouse Stephenville, Texas 76401 Re: Authority of a sheriff to impose a $20 fee on an inmate who is released on bond (RQ-1944) Dear Mr. Nichols: You ask whether a sheriff has […]

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Opinion No. MW-580

Donald R. Ross Attorney General of Texas — Opinion. December 31, 1982 MARK WHITE, Attorney General of Texas Honorable Donald R. Ross Rusk County Attorney Rusk County Courthouse Henderson, Texas 75652 Re: Annexation power of rural fire prevention district Dear Mr. Ross: You have asked whether a Rural Fire Prevention District located wholly within one […]

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Opinion No. JC-0510

WILLIAM H. KUNTZ, JR Attorney General of Texas — Opinion. June 3, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. William H. Kuntz, Jr. Executive Director Texas Department of Licensing and Regulation P.O. Box 12157 Austin, Texas 78711 Re: Whether the Texas Department of […]

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Opinion No. MW-456

Maurice S. Pipkin Attorney General of Texas — Opinion. March 18, 1982 MARK WHITE, Attorney General of Texas Mr. Maurice S. Pipkin Executive Director State Commission on Judicial Conduct P.O. Box 12265 Austin, Texas 78711 Re: Collection and retention of notary fees by employees of a justice of the peace Dear Mr. Pipkin: You have […]

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Opinion No. GA-0113

RICHARD J. MILLER Attorney General of Texas — Opinion. October 8, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Richard J. Miller Bell County Attorney P.O. Box 1127 Belton, Texas 76513 Re: Whether a refusal to permit a constable to enter the restricted area of a business in order to serve civil process constitutes […]

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Opinion No. JM-261

H. Tati Santiesteban Attorney General of Texas — Opinion. December 21, 1984 JIM MATTOX, Attorney General of Texas Honorable H. Tati Santiesteban Chairman Senate Natural Resources Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 Re: Whether costs may be retained from remitted bail bonds Dear Senator Santiesteban: You first inquire whether […]

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Opinion No. H-1249

Leonard Prewitt Attorney General of Texas — Opinion. September 28, 1978 JOHN L. HILL, Attorney General of Texas Honorable Leonard Prewitt Executive Secretary Teacher Retirement System of Texas 1001 Trinity Street Austin, Texas 78701 Re: Whether local school districts are permitted to pay the required employee contribution to the Teacher Retirement System. Dear Mr. Prewitt: […]

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Opinion No. MW-341

Tim Von Dohlen Attorney General of Texas — Opinion. May 27, 1981 MARK WHITE, Attorney General of Texas Honorable Tim Von Dohlen Committee on Regions, Compacts Districts House of Representatives Austin, Texas 78769 Re: Ineligibility of campaign contributors for appointment to Good Neighbor Commission Dear Representative Von Dohlen: As amended in 1979, section 1 of […]

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Opinion No. MW-421

Charles D. Travis Attorney General of Texas — Opinion. January 6, 1982 MARK WHITE, Attorney General of Texas Mr. Charles D. Travis Executive Director Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Constitutionality of section 77.094 of the Parks and Wildlife Code Dear Mr. Travis: Your opinion request seeks a […]

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Opinion No. JM-756

Bob Bullock Attorney General of Texas — Opinion. July 22, 1987 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. Building Austin, Texas 78774 Re: Whether gas and electricity used by a restaurant to prepare food for retail consumption is exempt from the sales and use tax, and related questions […]

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Opinion No. JM-643

Mark H. Dettman Attorney General of Texas — Opinion. March 12, 1987 JIM MATTOX, Attorney General of Texas Honorable Mark H. Dettman Midland County Attorney P.O. Box 2559 Midland, Texas 79702 Re: Liability of a county for medical care of indigent inmates of a county jail Dear Mr. Dettman: You inquire about liability for medical […]

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Opinion No. JM-423

William S. Nail Attorney General of Texas — Opinion. January 15, 1986 JIM MATTOX, Attorney General of Texas Mr. William S. Nail Executive Director Texas State Board of Dental Examiners 411 West 13th Street Suite 503 Austin, Texas 78701 Re: Effect of the participation of an individual on a licensing board when it is subsequently […]

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Opinion No. GA-0757

JOHN MARK COBERN Attorney General of Texas — Opinion February 3, 2010. GREG ABBOTT, Attorney General of Texas The Honorable John Mark Cobern Titus County Attorney Titus County Courthouse 100 West First Street Mount Pleasant, Texas 75455 Re: Whether the Behavioral Health Unit of the Titus Regional Medical Center is a “private facility” for purposes […]

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Opinion No. JM-1166

Frank W. Conard, II Attorney General of Texas — Opinion. April 25, 1990 JIM MATTOX, Attorney General of Texas Honorable Frank W. Conard, II District Attorney P.O. Box 1038 Sweetwater, Texas 79556 Re: Use of controlled substances as “bait” in a sting operation (RQ-1928) Dear Mr. Conard: Your questions are prompted by a scenario where […]

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Opinion No. GA-0812

MARY ANN WILLIAMSON Attorney General of Texas — Opinion October 22, 2010. GREG ABBOTT, Attorney General of Texas Ms. Mary Ann Williamson, Chair Texas Lottery Commission Post Office Box 16630 Austin, Texas 78761-6630 The Honorable Senfronia Thompson Chair, Committee on Local and Consent Calendars Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 […]

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Opinion No. JM-540

Chester V. Hines Attorney General of Texas — Opinion. September 9, 1986 JIM MATTOX, Attorney General of Texas Honorable Chester V. Hines County Attorney Houston County Courthouse Crockett, Texas 75835 Re: Whether a county hospital district is liable for emergency health care administered in a hospital in another county to an indigent resident of the […]

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Opinion No. JC-0536

KEN ARMBRISTER Attorney General of Texas — Opinion. August 5, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Ken Armbrister Chair, Criminal Justice Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether a public accounting firm with owners who are […]

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Opinion No. DM-214

David R. Smith, M.D. Attorney General of Texas — Opinion. March 31, 1993 DAN MORALES, Attorney General of Texas David R. Smith, M.D. Commissioner of Health Texas Department of Health 1100 West 49th Street Austin, Texas 78756-3199 Re: Impact of “leave without pay” provisions of the General Appropriations Act on the Workers’ Compensation Act, V.T.C.S. […]

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Opinion No. JM-1035

Perry L. Adkisson Attorney General of Texas — Opinion. March 30, 1989 JIM MATTOX, Attorney General of Texas Mr. Perry L. Adkisson Chancellor Texas A M University System 219 Systems Administration Bldg. College Station, Texas 77843 Re: Assessment of Capital Recovery Fees by the city of Houston against Texas A M University for waste water […]

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Opinion No. DM-274

O.H. “Ike” Harris Attorney General of Texas — Opinion. December 10, 1993 DAN MORALES, Attorney General of Texas Honorable O.H. “Ike” Harris Chair Committee on State Affairs Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether, in accordance with section 2 of the Public Funds Investment Act, V.T.C.S. article 842a-2, a public funds […]

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Opinion No. MW-485

Raymon L. Bynum Attorney General of Texas — Opinion. July 6, 1982 MARK WHITE, Attorney General of Texas Mr. Raymon L. Bynum Commissioner of Education Texas Education Agency 201 East Eleventh Street Austin, Texas 78701 Re: Whether section 2.07(b)(2) of the Education Code relating to assignment of salary by married person is still valid Dear […]

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Opinion No. DM-103

Terry D. McEachern Attorney General of Texas — Opinion. April 10, 1992 DAN MORALES, Attorney General of Texas Honorable Terry D. McEachern Hale County District Attorney 64th and 242d Judicial Districts County Courthouse Plainview, Texas 79072 Re: Whether a juvenile board may order an increase in the compensation paid to county judge members of the […]

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Opinion No. MW-223

Mike Atkins Attorney General of Texas — Opinion. August 20, 1980 MARK WHITE, Attorney General of Texas Honorable Mike Atkins Ector County Attorney Ector County Courthouse Odessa, Texas 79761 Re: Whether a county may charge a fee for use of airport easement granted in the past. Dear Mr. Atkins: You inquire about the authority of […]

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Opinion No. JM-670

Bill Haley Attorney General of Texas — Opinion. April 7, 1987 JIM MATTOX, Attorney General of Texas Honorable Bill Haley Chairman Public Education Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Applicability of section 19.022 of the Texas Education Code to a proposal to transfer 1200 residential units from one school […]

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Opinion No. JM-364

Garry Mauro Attorney General of Texas — Opinion. October 22, 1985 JIM MATTOX, Attorney General of Texas Honorable Garry Mauro Commissioner General Land Office Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701 Re: Whether the applicant holds land “under color of title” pursuant to article VII, section 4A, of the Texas Constitution, […]

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Opinion No. GA-0335

JOHN W. SMITH Attorney General of Texas — Opinion. June 20, 2005 GREG ABBOTT, Attorney General of Texas The Honorable John W. Smith Ector County District Attorney 300 North Grant, Room 305 Odessa, Texas 79761 Re: Whether a business that holds an on-premises alcoholic beverage permit may host a poker tournament (RQ-0305-GA) Dear Mr. Smith: […]

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Opinion No. JC-0369

Bruce Isaacks 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 Bruce Isaacks Denton County Criminal District Attorney 127 North Woodrow Lane Denton, Texas 76205 Re: Whether a commissioners court is authorized to establish certain policies […]

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Opinion No. H-1168

W. J. Estelle, Jr. Attorney General of Texas — Opinion. May 30, 1978 JOHN L. HILL, Attorney General of Texas Honorable W. J. Estelle, Jr. Director Texas Department of Corrections Huntsville, Texas 77340 Re: Authority of Department of Corrections to spend building appropriation on employment of guards. Dear Mr. Estelle: You inquire about the proper […]

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Opinion No. GA-0435

CHARLES A. ROSENTHAL Attorney General of Texas — Opinion. June 8, 2006. 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 a reserve peace officer may wear his official uniform and display the insignia of an official law […]

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Opinion No. JM-755

Rex N. Leach Attorney General of Texas — Opinion. July 15, 1987 JIM MATTOX, Attorney General of Texas Honorable Rex N. Leach District Attorney Limestone County Courthouse 200 West State Street Groesbeck, Texas 76642 Re: Authority of a county to provide legal counsel for a sheriff in certain legal proceedings Dear Mr. Leach: You ask […]

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Opinion No. JM-835

Gib Lewis Attorney General of Texas — Opinion. December 22, 1987 JIM MATTOX, Attorney General of Texas Honorable Gib Lewis Speaker Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether section 26.08 of the Tax Code, which permits a tax rate roll-back election to limit school taxes, is unconstitutional (RQ-1286) Dear Speaker […]

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Opinion No. DM-454

Rodney Ellis Attorney General of Texas — Opinion. November 7, 1997 DAN MORALES, Attorney General of Texas The Honorable Rodney Ellis Chair, Jurisprudence Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Authority of the Houston City Council with regard to the Houston-Harris County Sports Authority (RQ-986) Dear Senator Ellis: You have requested […]

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Opinion No. GA-0268

RODNEY ELLIS Attorney General of Texas — Opinion. November 4, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Rodney Ellis Chair, Committee on Government Organization Texas State Senate Post Office Box 12068 Austin, Texas 78711 Re: Whether municipal management districts have eminent domain powers (RQ-0228-GA) Dear Senator Ellis: You ask whether municipal management districts […]

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Opinion No. MW-281

John P. Parsons Attorney General of Texas — Opinion. November 26, 1980 MARK WHITE, Attorney General of Texas Mr. John P. Parsons Commissioner Credit Union Department 914 East Anderson Lane Austin, Texas 78752 Re: The authority of state-chartered credit unions to charge rates of interest authorized under federal law Dear Mr. Parsons: You have requested […]

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Opinion No. H-1045

J. C. Martin, Jr. Attorney General of Texas — Opinion. August 31, 1977 JOHN L. HILL, Attorney General of Texas Honorable J. C. Martin, Jr. President Board of Directors Texas A I University Kingsville, Texas 78363 Re: Selection of a chancellor and president at Texas A I University. Dear Mr. Martin: You request our opinion […]

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Opinion No. JM-332

William L. Ferguson Attorney General of Texas — Opinion. June 11, 1985 JIM MATTOX, Attorney General of Texas Honorable William L. Ferguson County District Attorney Rusk County Courthouse Henderson, Texas 75652 Re: Circumstances under which a county may dispose of abandoned rights-of-way Dear Mr. Ferguson: You inform us that in Rusk County several roads have […]

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Opinion No. JM-935

Mike Driscoll Attorney General of Texas — Opinion. July 29, 1988 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston Suite 634 Houston, Texas 77002 Re: Whether a bondsman may deposit with the county treasurer an assignment of an insurance policy for purposes of complying with article 2372p-3, V.T.C.S. (RQ-1435) […]

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Opinion No. MW-226

A. R. Schwartz Attorney General of Texas — Opinion. August 21, 1980 MARK WHITE, Attorney General of Texas Honorable A. R. Schwartz Natural Resources Committee Senate of the State of Texas Austin, Texas Re: Regental authority to name institution `Texas AM University at Galveston.’ Dear Senator Schwartz: In Attorney General Opinion MW-64 (1979) we advised […]

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Opinion No. MW-303

H. Tati Santiesteban Attorney General of Texas — Opinion. March 12, 1981 MARK WHITE, Attorney General of Texas Honorable H. Tati Santiesteban Chairman Natural Resources Committee Senate of the State of Texas Austin, Texas 78711 Re: Status of recess appointees of Governor who are not confirmed by Senate in subsequent session of the legislature Dear […]

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Opinion No. H-1258

Fred P. Holub Attorney General of Texas — Opinion. October 16, 1978 JOHN L. HILL, Attorney General of Texas Honorable Fred P. Holub Matagorda County Attorney P. O. Box 1527 Bay City, Texas 77414 Re: Whether a rubber stamp may be used by a district clerk as his official seal. Dear Mr. Holub: You have […]

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Opinion No. GA-0228

EUGENE D. TAYLOR Attorney General of Texas — Opinion. August 5, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Eugene D. Taylor Williamson County Attorney Williamson County Courthouse Annex Second Floor 405 Martin Luther King Boulevard Georgetown, Texas 78626 Re: Whether a county clerk must accept for recording a paper copy, containing printed images […]

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Opinion No. MW-526

Gary E. Miller, M.D. Attorney General of Texas — Opinion. December 22, 1982 MARK WHITE, 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 barber and beauty shops in Texas Department of Mental Health and Mental Retardation must […]

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Opinion No. JM-1112

Bob McFarland Attorney General of Texas — Opinion. November 3, 1989 JIM MATTOX, Attorney General of Texas Honorable Bob McFarland Chairman Criminal Justice Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Should notice of a school board meeting to consider an employee’s grievance in executive session under section 2(g), article 6252-17, V.T.C.S., […]

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Opinion No. DM-219

James E. “Pete” Laney Attorney General of Texas — Opinion. April 26, 1993 DAN MORALES, Attorney General of Texas Honorable James E. “Pete” Laney Speaker Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Authority of the Board of Licensure for Nursing Home Administrators to charge and “collect a $10.00 fee for each […]

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Opinion No. H-1234

Gene Knize Attorney General of Texas — Opinion. August 30, 1978 JOHN L. HILL, Attorney General of Texas Honorable Gene Knize Ellis County Attorney Ellis County Courthouse Waxahachie, Texas 75165 Re: Authority of county to exchange real estate for like property. Dear Mr. Knize: You ask whether the commissioners court has the authority to dispose […]

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Opinion No. GA-0452

RAYMUND A. PAREDES Attorney General of Texas — Opinion. September 5, 2006. 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: Annexation of territory by a junior college district (RQ-0446-GA) Dear Commissioner Paredes: On behalf of Coastal […]

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Opinion No. JM-260

Mike Driscoll Attorney General of Texas — Opinion. December 21, 1984 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Availability of information from mental health records Dear Mr. Driscoll: You have requested our opinion regarding the availability to the public of instruments filed […]

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Opinion No. JM-1252

Dennis R. Jones Attorney General of Texas — Opinion. November 30, 1990 JIM MATTOX, Attorney General of Texas Mr. Dennis R. Jones Commissioner Texas Department of Mental Health and Mental Retardation P.O. Box 12668 Austin, Texas 78711-2668 Re: Whether section 2.13 of the Mental Health and Mental Retardation Act authorizes the Department of Mental Health […]

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Opinion No. H-1295

Chet Brooks Attorney General of Texas — Opinion. December 19, 1978 JOHN L. HILL, Attorney General of Texas Honorable Chet Brooks Chairman Senate Committee on Human Resources State Capitol Austin, Texas 78711 Re: Authority of a nurse practitioner to perform services under indirect physician supervision. Dear Senator Brooks: You ask several questions about the health […]

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Opinion No. MW-392

Henry Wade Attorney General of Texas — Opinion. November 19, 1981 MARK WHITE, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Condemnation Section Sixth Floor, Records Building Dallas, Texas 75202 Re: Representation of corporations by non-attorneys in small claims court Dear Mr. Wade: You ask for a re-examination of our conclusion in Attorney […]

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Opinion No. GA-0807

ROB EISSLER Attorney General of Texas — Opinion September 30, 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: Meaning of “normal course load” as used in section 42.159 of the Education Code for the purposes […]

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Opinion No. H-1013

Harvey Davis Attorney General of Texas — Opinion. June 9, 1977 JOHN L. HILL, Attorney General of Texas Honorable Harvey Davis Texas State Soil Water Conservation Board Temple, Texas 76501 Re: Deposit of Soil and Water Conservation District funds in interest-bearing accounts. Dear Mr. Davis: You have requested our opinion regarding whether a soil and […]

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Opinion No. DM-118

Terry D. McEachern Attorney General of Texas — Opinion. May 13, 1992 DAN MORALES, Attorney General of Texas Honorable Terry D. McEachern District Attorney Hale County Courthouse Plainview, Texas 79072 Re: Whether a county auditor’s salary is considered part of the “amount budgeted for expenses of the county auditor’s office” for the purposes of the […]

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Opinion No. DM-448

Garry Mauro Attorney General of Texas — Opinion. August 14, 1997 DAN MORALES, Attorney General of Texas The Honorable Garry Mauro Commissioner Texas General Land Office 1700 North Congress Avenue Austin, Texas 78701-1495 Re: Whether land designated for “agricultural use” is subject to the five-year rollback provisions when the property is acquired by the state […]

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Opinion No. JC-0347

Jeff Wentworth Attorney General of Texas — Opinion. March 1, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jeff Wentworth Chair, Committee on Redistricting Texas State Senate P. O. Box 12068 Austin, Texas 78711-2068 Re: Whether section 143.006(b) of the Texas Local Government […]

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Opinion No. JM-720

Bob E. Bradley Attorney General of Texas — Opinion. June 5, 1987 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: Whether section 4(d) of article 41a-1, V.T.C.S., makes a member of the State Board of Public […]

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Opinion No. JM-420

William S. Nail Attorney General of Texas — Opinion. December 31, 1985 JIM MATTOX, Attorney General of Texas Mr. William S. Nail Executive Director Texas State Board of Dental Examiners 411 West 13th Street, Suite 503 Austin, Texas 78701 Re: Whether the Texas State Board of Dental Examiners may allow the delegation to dental hygienists […]

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Opinion No. JM-1092

J.E. Birdwell, Jr. Attorney General of Texas — Opinion. September 1, 1989 JIM MATTOX, Attorney General of Texas Mr. J.E. Birdwell, Jr. Chairman Texas Agricultural Finance Authority P.O. Box 12847 Austin, Texas 78711 Re: Liability of members of the board of directors of the Texas Agricultural Finance Authority (RQ-1637) Dear Mr. Birdwell: You inquire about […]

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Opinion No. MW-370

Gibson D. (Gib) Lewis Attorney General of Texas — Opinion. September 25, 1981 MARK WHITE, Attorney General of Texas Honorable Gibson D. (Gib) Lewis Chairman House Committee on Intergovernmental Affairs John H. Reagan Building Austin, Texas 78769 Re: Partial vacation of subdivision plats Dear Representative Lewis: You inform us that in 1966 a developer subdivided […]

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Opinion No. DM-468

Ray Farabee Attorney General of Texas — Opinion. March 12, 1998 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: Whether Education Code section 54.203 violates the Equal Protection Clause of the United States Constitution by exempting […]

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Opinion No. GA-0184

RANDALL H. RILEY Attorney General of Texas — Opinion. May 7, 2004 GREG ABBOTT, Attorney General of Texas Mr. Randall H. Riley, Executive Director Texas Building and Procurement Commission Post Office Box 13047 Austin, Texas 78711 Re: Whether “vessel and outboard motor ownership records” are “customer information” under section 11.030 of the Parks and Wildlife […]

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Opinion No. H-1050

Eddie Aurispa Attorney General of Texas — Opinion. September 7, 1977 JOHN L. HILL, Attorney General of Texas Honorable Eddie Aurispa Acting Executive Director Good Neighbor Commission Box 12116 Austin, Texas 78711 Re: Effect of a rider to the Good Neighbor Commission’s appropriation. Dear Mr. Aurispa: You have requested our opinion regarding the effect of […]

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Opinion No. JM-524

Michael J. Guarino Attorney General of Texas — Opinion. July 17, 1986 JIM MATTOX, Attorney General of Texas Honorable Michael J. Guarino Criminal District Attorney 405 County Courthouse Galveston, Texas 77550 Re: Whether purchases for a county health district must be made by the county purchasing agent Dear Mr. Guarino: You have asked whether the […]

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Opinion No. JM-79

Mike Driscoll Attorney General of Texas — Opinion. October 13, 1983 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Authority of commissioners court to refuse to approve hospital budget on grounds that it funds pregnancy termination clinic Dear Mr. Driscoll: You have requested […]

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Opinion No. JM-556

Lloyd Criss Attorney General of Texas — Opinion. October 8, 1986 JIM MATTOX, Attorney General of Texas Honorable Lloyd Criss Chairman Labor and Employment Relations Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a state employee may be denied a merit increase because of absence for a work-related injury Dear […]

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Opinion No. JC-0362

David Sibley Attorney General of Texas — Opinion. April 4, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable David Sibley Chair, Business and Commerce Committee Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Whether the City of Port Arthur Economic […]

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Opinion No. JM-1125

A.W. Pogue Attorney General of Texas — Opinion. December 27, 1989 JIM MATTOX, Attorney General of Texas Mr. A.W. Pogue Commissioner State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998 Re: Construction of the provisions of Insurance Code article 21.28-A, regarding conservatorship (RQ-1804) Dear Mr. Pogue: You ask: (1) whether section 3 of [Insurance […]

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Opinion No. JM-1138

Daniel W. Leedy Attorney General of Texas — Opinion. February 1, 1990 JIM MATTOX, Attorney General of Texas Honorable Daniel W. Leedy Austin County Attorney One East Main Bellville, Texas 77418-1551 Re: Authority of a commissioners court to increase the salary of a county court-at-law judge after adoption of the budget (RQ-1803) Dear Mr. Leedy: […]

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Opinion No. JM-1126

Mike Driscoll Attorney General of Texas — Opinion. December 28, 1989 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Duty of a county clerk to notify the Department of Public Safety about the mental competence of a person holding a driver’s license (RQ-1842) […]

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