Opinion No. GA-0088

RONALD D. HANKINS Attorney General of Texas — Opinion. July 11, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Ronald D. Hankins Somervell County Attorney P.O. Box 1335 Glen Rose, Texas 76043 Re: Authority of a county commissioners court partially to close or, alternatively, limit truck traffic on a county road (RQ-0018-GA) Dear Mr. […]

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Opinion No. JM-890

Bill Turner Attorney General of Texas — Opinion. April 11, 1988 JIM MATTOX, Attorney General of Texas Honorable Bill Turner Brazos County Courthouse 300 E. 26th Street, Suite 310 Bryan, Texas 77803 Re: Whether a contract for microfilming of records of county clerks office is subject to competitive bidding (RQ-1280) Dear Mr. Turner: You ask: […]

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Opinion No. GA-0703

G.A. MAFFETT, III Attorney General of Texas — Opinion April 7, 2009. GREG ABBOTT, Attorney General of Texas The Honorable G.A. Maffett, III Wharton County Attorney 309 East Milam, Suite 500 Wharton, Texas 77488 Re: Authority of a commissioners court to remove fencing located within a county right-of-way (RQ-0749-GA) Dear Mr. Maffett: You ask whether […]

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Opinion No. JC-0335

Bill Ratliff Attorney General of Texas — Opinion. January 22, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Bill Ratliff Lieutenant Governor State of Texas P.O. Box 12068 Austin, Texas 78711-2068 Re: Applicability of various state statutes to local government corporations created under […]

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Opinion No. MW-84

Maurice S. Pipkin Attorney General of Texas — Opinion. November 15, 1979 MARK WHITE, Attorney General of Texas Honorable Maurice S. Pipkin Executive Director State Commission on Judicial Conduct 120 Supreme Court Bldg. Austin, Texas 78711 Re: Must a complaint arising out of information discovered on execution of a search warrant be filed with the […]

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Opinion No. JC-0178

Bill Hill Attorney General of Texas — Opinion. February 7, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Bill Hill Dallas County District Attorney Civil Section Administration Building 411 Elm Street Dallas, Texas 75202 Re: Validity of a rider that allocates monies from […]

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Opinion No. GA-0736

JOSE MAYORGA Attorney General of Texas — Opinion August 24, 2009. GREG ABBOTT, Attorney General of Texas Major General Jose Mayorga Adjutant General of Texas Post Office Box 5218 Austin, Texas 78763-5218 Re: Whether the Adjutant General and the Assistant Adjutants General may accrue state compensatory leave (RQ-0796-GA) Dear Major General Mayorga: You seek our […]

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Opinion No. JC-0401

J.E. “Buster” Brown Attorney General of Texas — Opinion. August 1, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable J.E. “Buster” Brown Chair, Natural Resources Committee Texas State Senate P. O. Box 12068 Austin, Texas 78711-2068 Re: Whether a property owner may, by […]

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Opinion No. GA-0577

MIKE JACKSON Attorney General of Texas — Opinion October 25, 2007. GREG ABBOTT, Attorney General of Texas. The Honorable Mike Jackson Chair, Committee on Nominations Texas State Senate Post Office Box 12068 Austin, Texas 78711 Re: Assessment and collection of impact fees for land platted after June 20, 1987 (RQ-0587-GA) Dear Senator Jackson: On behalf […]

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Opinion No. JC-0473

MICHAEL A. STAFFORD Attorney General of Texas — Opinion. March 7, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Michael A. Stafford Harris County Attorney 1310 Prairie, Room 940 Houston, Texas 77002 Re: Meaning of “lifetime service credit” for purposes of subchapter D […]

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Opinion No. DM-351

David Sibley Attorney General of Texas — Opinion. June 7, 1995 DAN MORALES, Attorney General of Texas Honorable David Sibley Chair Economic Development Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether legislation changing two of thirty-one senatorial districts constitutes an “apportionment” under article III, section 3 of the Texas Constitution (RQ-785) […]

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Opinion No. JC-0153

Senfronia Thompson Attorney General of Texas — Opinion. December 8, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn spacer shim The Honorable Senfronia Thompson Chair, Committee on Judicial Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Effect of certain protest words […]

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Opinion No. MW-457

Sam Kelley Attorney General of Texas — Opinion. March 19, 1982 MARK WHITE, Attorney General of Texas Mr. Sam Kelley Commissioner Consumer Credit Commission P. O. Box 2107 Austin, Texas 78768 Re: Construction of article 5069-51.03A, V.T.C.S., denying pawnbroker’s license to applicant convicted of crime involving moral turpitude Dear Mr. Kelley: You advise that an […]

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Opinion No. JM-1248

J. Collier Adams, Jr. Attorney General of Texas — Opinion. November 15, 1990 JIM MATTOX, Attorney General of Texas Honorable J. Collier Adams, Jr. Cochran County Attorney 109 West Washington Morton, Texas 79346 Re: Validity of a bid solicitation which does not comply with the publishing requirements of section 262.025(a) of the Texas Local Government […]

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Opinion No. DM-64

Joe E. Milner Attorney General of Texas — Opinion. December 9, 1991 DAN MORALES, Attorney General of Texas Mr. Joe E. Milner Director Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773-0001 Re: Whether the Texas Krishnas may distribute religious literature on Department of Public Safety property (RQ-68) Dear Mr. Milner: You have […]

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Opinion No. MW-210

H. S. Harris, Jr. Attorney General of Texas — Opinion. July 10, 1980 MARK WHITE, Attorney General of Texas Honorable H. S. Harris, Jr. Chairman Texas Industrial Accident Board L.B.J. Building Austin, Texas 78711 Re: Whether MH/MR Community Centers are covered for workers compensation under article 8309g or 8309h Dear Mr. Harris: You have requested […]

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Opinion No. GA-0313

JERI YENNE Attorney General of Texas — Opinion. March 21, 2005 GREG ABBOTT, Attorney General of Texas The Honorable Jeri Yenne Brazoria County Criminal District Attorney 111 East Locust, Suite 408A Angleton, Texas 77515 Re: Whether a county commissioners court may compel a justice of the peace to use a vendor under contract with the […]

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Opinion No. MW-330

Oscar H. Mauzy Attorney General of Texas — Opinion. April 29, 1981 MARK WHITE, Attorney General of Texas Honorable Oscar H. Mauzy Chairman Senate Committee on Jurisprudence Texas Senate, State Capitol Austin, Texas 78711 Re: Whether trial judge may constitutionally instruct jurors about the possible effects of good conduct time and parole time Dear Senator […]

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Opinion No. JC-0050

John R. Speed Attorney General of Texas — Opinion. May 17, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. John R. Speed, P.E. Executive Director Texas Board of Professional Engineers P.O. Box 18329 Austin, Texas 78760-8329 Re: Whether the federal Americans with Disabilities Act […]

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Opinion No. JC-0172

Charles D. Penick Attorney General of Texas — Opinion. January 24, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Charles D. Penick Bastrop County Criminal District Attorney 804 Pecan Street Bastrop, Texas 78602 Re: Whether a commissioners court may accept and maintain roads […]

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Opinion No. GA-0205

MIKE STAFFORD Attorney General of Texas — Opinion. June 18, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Mike Stafford Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002-1700 Re: Whether a juvenile board may designate a juvenile probation department as the office authorized to determine whether to defer prosecution of a child […]

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Opinion No. JM-190

Mike Driscoll Attorney General of Texas — Opinion. August 13, 1984 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Venue of criminal proceedings in Justice Courts Dear Mr. Driscoll: You have asked the following questions relating to the venue of certain criminal proceedings […]

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Opinion No. JC-0330

Scott W. Rosekrans 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 Scott W. Rosekrans San Jacinto County Criminal District Attorney P.O. Box 430 Coldspring, Texas 77331 Re: Whether the wife of the chairman of the […]

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Opinion No. MW-349

Chris Victor Semos Attorney General of Texas — Opinion. May 30, 1981 MARK WHITE, Attorney General of Texas Honorable Chris Victor Semos Chairman Committee on Business Industry House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Constitutionally of House Bill 995, 67th Legislature, Regular Session, concerning the use of county law library funds […]

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Opinion No. JM-321

Robert C. Lanier Attorney General of Texas — Opinion. May 28, 1985 JIM MATTOX, Attorney General of Texas Mr. Robert C. Lanier Chairman State Department of Highways and Public Transportation Dewitt C. Greer Highway Bldg. 11th Brazos Austin, Texas 78701 Re: Whether interest on constitutionally dedicated funds may be diverted to general revenue by statute […]

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Opinion No. JM-27

Travis County Auditor Attorney General of Texas — Opinion. April 26, 1983 JIM MATTOX, Attorney General of Texas Travis County Auditor Travis County Courthouse Austin, Texas 78701 Re: Salaries of Travis County officers for 1983 Mr. Wilburn C. Rust Dear Mr. Rust: You advise that Travis County recently adopted a new fiscal year which begins […]

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Opinion No. JC-0054

J. Steven Houston Attorney General of Texas — Opinion. May 26, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable J. Steven Houston Brewster County Attorney P.O. Box 323 Alpine, Texas 79831 Re: Whether the Brewster County Attorney may simultaneously serve as an attorney […]

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Opinion No. GA-0455

ROBERT DUNCAN Attorney General of Texas — Opinion. September 14, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Robert Duncan Chair, Committee on State Affairs Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether Government Code section 2306.6710, which requires the Texas Department of Housing and Community Affairs to score and […]

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Opinion No. JM-789

Mike Coffey Attorney General of Texas — Opinion. September 21, 1987 JIM MATTOX, Attorney General of Texas Mr. Mike Coffey Kendall County Auditor Kendall County Courthouse Boerne, Texas 78006 Re: Authority of a commissioners court to impose certain requirements on a subdivider of land abutting a public road Dear Mr. Coffey: You ask about two […]

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Opinion No. DM-291

Roy C. Turcotte Attorney General of Texas — Opinion. May 2, 1994 DAN MORALES, Attorney General of Texas Honorable Roy C. Turcotte Kenedy County Attorney P.O. Box 186 Sarita, Texas 78385 Re: Whether a Kleberg County grand jury is authorized to return an indictment for an offense that was committed in Kenedy County (RQ-626) Dear […]

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Opinion No. JM-324

Carlos Valdez Attorney General of Texas — Opinion. June 13, 1985 JIM MATTOX, Attorney General of Texas Honorable Carlos Valdez Nueces County Attorney County Courthouse, Room 206 Corpus Christi, Texas 78401 Re: May a county fund an educational campaign to discourage public litter, and related questions Dear Mr. Valdez: Your office advises that the Nueces […]

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Opinion No. H-940

Ronald L. Wilson Attorney General of Texas — Opinion. February 8, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Ronald L. Wilson Criminal District Attorney 405 County Courthouse Galveston, Texas 77550 Re: Legality of slot machines on a cruise ship calling at a Texas port. Dear Mr. Wilson: You have requested our opinion […]

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Opinion No. JC-0272

Daisy A. Stiner Attorney General of Texas — Opinion. August 29, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Daisy A. Stiner Executive Director Texas Department of Housing and Community Affairs P.O. Box 13941 Austin, Texas 78711-3941 Re: Whether section 6A of article 5221f, […]

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Opinion No. H-1141

Chris Victor Semos Attorney General of Texas — Opinion. March 22, 1978 JOHN L. HILL, Attorney General of Texas Honorable Chris Victor Semos Chairman Committee on Business and Industry House of Representatives Austin, Texas Re: Application of article 5221f to lessors of mobile homes. Dear Mr. Semos: You ask whether, in light of 1977 amendments, […]

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Opinion No. GA-0095

TED G. WALKER Attorney General of Texas — Opinion. September 3, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Ted G. Walker Jasper County Criminal District Attorney Jasper County Courthouse 121 North Austin, Room 101 Jasper, Texas 75951 Re: Whether, as a condition of community supervision, a court may require a defendant charged with […]

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Opinion No. H-1072

Clayton T. Garrison Attorney General of Texas — Opinion. October 14, 1977 JOHN L. HILL, Attorney General of Texas Honorable Clayton T. Garrison Executive Director Texas Parks Wildlife Department 4200 Smith School Road Austin, Texas 78744 Re: Taking of shrimp within one mile of a city. Dear Mr. Garrison: You have requested our opinion regarding […]

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Opinion No. DM-261

James R. Wilson Attorney General of Texas — Opinion. October 14, 1993 DAN MORALES, Attorney General of Texas Mr. James R. Wilson Director Texas Department of Public Safety 5805 North Lamar Boulevard Box 4087 Austin, Texas 78773-0001 Re: Constitutionality of provisions of section 4A, V.T.C.S. article 6701h, pertaining to impoundment of out-of-state vehicles involved in […]

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Opinion No. GA-0260

JEFF WENTWORTH Attorney General of Texas — Opinion. October 13, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Jeff Wentworth Chair, Senate Jurisprudence Committee Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Constitutionality of the Texas grandparent access statute, section 153.433, Family Code, in light of the United States Supreme Court’s […]

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Opinion No. H-1265

Homer A. Foerster Attorney General of Texas — Opinion. November 30, 1978 JOHN L. HILL, Attorney General of Texas Mr. Homer A. Foerster Executive Director State Board of Control L.B.J. Building Austin, Texas 78711 Re: Whether state agencies may pay the `special municipal tax or charge’ on telephone bills. Dear Mr. Foerster: You ask whether […]

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Opinion No. JC-0207

James Nelson Attorney General of Texas — Opinion. April 12, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. James Nelson Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether a school district may charge tuition for students attending […]

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Opinion No. GA-0024

SUSAN D. REED Attorney General of Texas — Opinion. February 19, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Susan D. Reed Bexar County Criminal District Attorney Bexar County Justice Center 300 Dolorosa, Fifth Floor San Antonio, Texas 78205-3030 Re: Whether a county clerk may issue a marriage license to two absent applicants (RQ-0590-JC) […]

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Opinion No. H-1158

James M. Windham Attorney General of Texas — Opinion. April 25, 1978 JOHN L. HILL, Attorney General of Texas Honorable James M. Windham Chairman Board of Corrections Livingston, Texas 77351 Re: Acquisition of land for a prison farm. Dear Mr. Windham: You have asked three questions relating to the acquisition of land on which to […]

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Opinion No. JM-787

David H. Cain Attorney General of Texas — Opinion. September 16, 1987 JIM MATTOX, Attorney General of Texas Honorable David H. Cain Chairman Committee on Transportation Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Construction of article 6675a-3(c), V.T.C.S. Dear Representative Cain: You ask the following question: Does the word “and” in […]

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Opinion No. DM-53

Lionel R. Meno Attorney General of Texas — Opinion. November 1, 1991 DAN MORALES, Attorney General of Texas Mr. Lionel R. Meno Commissioner Texas Education Agency 1701 North Congress Austin, Texas 78701-1494 Re: Construction of section 23.023(h) of the Texas Education Code (RQ-157) Dear Commissioner Meno: You ask for a construction of section 23.023(h) of […]

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Opinion No. GA-0483

JIM KUBOVIAK Attorney General of Texas — Opinion. November 21, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Jim Kuboviak Brazos County Attorney Brazos County Courthouse 300 East 26th Street, Suite 325 Bryan, Texas 77803 Re: Whether the City of Millican has been dissolved (RQ-0456-GA) Dear Mr. Kuboviak: You ask whether the City of […]

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Opinion No. H-1101

Felipe Reyna Attorney General of Texas — Opinion. December 8, 1977 JOHN L. HILL, Attorney General of Texas Honorable Felipe Reyna District Attorney 3rd Floor, McLennan County Courthouse Annex Waco, Texas 76701 Re: Use of misdemeanor convict laborers. Dear Mr. Reyna: You have requested our opinion concerning the use of convict laborers under articles 43.09 […]

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Opinion No. JM-980

David T. Garcia Attorney General of Texas — Opinion. November 15, 1988 JIM MATTOX, Attorney General of Texas Honorable David T. Garcia Brooks County Attorney P.O. Box 557 Falfurrias, Texas 78355 Re: Whether a court may satisfy the “admonishment” requirements of article 26.13 of the Code of Criminal Procedure by showing the defendant a video […]

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Opinion No. JM-834

Earl Hale Attorney General of Texas — Opinion. December 14, 1987 JIM MATTOX, Attorney General of Texas Mr. Earl Hale Deputy Commissioner Texas Savings and Loan Department 3601 North Lamar, Suite 201 Austin, Texas 78705 Re: Applicability of open beach disclosure requirements, section 61.025 of the Natural Resources Code, to certain activities of savings and […]

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Opinion No. GA-0413

CARL REYNOLDS Attorney General of Texas — Opinion. March 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: Payment of uncollected fines, fees and court costs by defendants who have been administratively released from community supervision (RQ-0396-GA) Dear Mr. […]

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Opinion No. JC-0206

Michael P. Fleming Attorney General of Texas — Opinion. April 12, 2000 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 the County Purchasing Act, Tex. Loc. Gov’t Code Ann. […]

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Opinion No. DM-423

Bruce A. Levy, M.D. Attorney General of Texas — Opinion. November 6, 1996 DAN MORALES, Attorney General of Texas Bruce A. Levy, M.D. Executive Director Texas State Board of Medical Examiners P.O. Box 2018 Austin, Texas 78768-2018 Re: Authority of the Board of Medical Examiners to regulate hyperbaric oxygen therapy (RQ-890) Dear Dr. Levy: You […]

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Opinion No. GA-0494

SHIRLEY J. NEELEY Attorney General of Texas — Opinion. December 22, 2006. GREG ABBOTT, Attorney General of Texas. Shirley J. Neeley, Ed.D. Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether Education Code sections 44.031 and 44.033 apply to real and personal property lease-purchase contracts authorized under Local Government […]

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Opinion No. JM-832

Bruce Campbell Attorney General of Texas — Opinion. December 7, 1987 JIM MATTOX, Attorney General of Texas Mr. Bruce Campbell President Brazos River Authority P.O. Box 7555 Waco, Texas 76714 Re: The selection and qualification of depositories for the funds of River Authorities (RQ-1034) Dear Mr. Campbell: At the request of the board of directors […]

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Opinion No. JM-1045

John Vance Attorney General of Texas — Opinion. May 16, 1989 JIM MATTOX, Attorney General of Texas Honorable John Vance Criminal District Attorney Services Building, Suite 202 Dallas, Texas 75202 Re: Whether a district court may direct that payment of costs and expenses in a child welfare case under section 11.11 of the Family Code […]

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Opinion No. GA-0829

FLORENCE SHAPIRO Attorney General of Texas — Opinion December 10, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Florence Shapiro Chair, Committee on Education Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 Re: Whether the Governor must appoint an additional member to the Texas Higher Education Coordinating Board to serve from September […]

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Opinion No. DM-234

David H. Cain Attorney General of Texas — Opinion. July 12, 1993 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: Construction of recent amendments to section 106.001(c)(2) of the Civil Practice and Remedies Code regarding a municipality’s program […]

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Opinion No. JM-73

Fred Toler Attorney General of Texas — Opinion. September 19, 1983 JIM MATTOX, Attorney General of Texas Mr. Fred Toler Executive Director Texas Commission on Law Enforcement Standards and Education 220-E Twin Towers Office Bldg. 1106 Clayton Lane Austin, Texas 78723 Re: Whether sheriff may reduce jail time pursuant to article 5118a, V.T.C.S., for time […]

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Opinion No. MW-450

Oscar H. Mauzy Attorney General of Texas — Opinion. February 23, 1982 MARK WHITE, Attorney General of Texas Honorable Oscar H. Mauzy Chairman Senate Committee on Jurisprudence Texas State Senate Austin, Texas 78711 Re: Whether duties of chief tax appraiser conflict with duties of member of state Property Tax Board Dear Senator Mauzy: You ask […]

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Opinion No. JM-1216

Dennis R. Jones Attorney General of Texas — Opinion. September 5, 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 Re: Whether the Department of Mental Health and Mental Retardation is authorized to contract with the parents of […]

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Opinion No. JC-0228

William C. Sowder Attorney General of Texas — Opinion. June 7, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable William C. Sowder Lubbock County Criminal District Attorney P.O. Box 10536 Lubbock, Texas 79408-3536 Re: Whether a county or a surviving relative must provide […]

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Opinion No. JM-812

Rene Guerra Attorney General of Texas — Opinion. October 20, 1987 JIM MATTOX, Attorney General of Texas Honorable Rene Guerra Criminal District Attorney Hidalgo County Courthouse Edinburg, Texas 78539 Re: Disposition of confiscated property by criminal district attorney under article 4476-15 Dear Mr. Guerra: A number of questions are asked relative to the disposition of […]

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Opinion No. JM-115

Carl A. Parker Attorney General of Texas — Opinion. December 30, 1983 JIM MATTOX, Attorney General of Texas Honorable Carl A. Parker Chairman Senate Education Committee Texas State Senate P.O. Box 12068, Capitol Station Austin, Texas 78711 Re: Obligation of state to fund university insurance premiums for employees Dear Senator Parker: You ask the following […]

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Opinion No. MW-24

Chet Brooks Attorney General of Texas — Opinion. May 25, 1979 MARK WHITE, Attorney General of Texas Honorable Chet Brooks Chairman Senate Committee on Human Resources Senate Chamber Austin, Texas 78711 Re: Constitutionality of legislation to permit the Department of Human Resources to represent the state in court in child support collection cases. Dear Senator […]

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Opinion No. DM-184

John Whitmire Attorney General of Texas — Opinion. December 4, 1992 DAN MORALES, Attorney General of Texas Honorable John Whitmire Chairman Intergovernmental Relations Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Whether the provisions of House Bill 799 of the 72d Legislature apply to the procurement of brokerage and investment services by […]

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Opinion No. GA-0058

WILLIAM M. JENNINGS Attorney General of Texas — Opinion. April 10, 2003 GREG ABBOTT, Attorney General of Texas The Honorable William M. Jennings Gregg County Criminal District Attorney 101 East Methvin Street, Suite 333 Longview, Texas 75601 Re: When the license of a bail bond surety who sold bail bonds before the creation of the […]

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Opinion No. MW-157

Billy Fred Lacy Attorney General of Texas — Opinion. April 3, 1980 MARK WHITE, Attorney General of Texas Honorable Billy Fred Lacy Potter County Auditor Potter County Courthouse Amarillo, Texas 79101 Re: Article 332c, V.T.C.S., and the expenditure of county funds as reimbursement for attorneys’ fees incurred in defending an ouster suit. Dear Mr. Lacy: […]

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Opinion No. DM-416

Bruce A. Levy, M.D. Attorney General of Texas — Opinion. September 23, 1996 DAN MORALES, Attorney General of Texas Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners P.O. Box 149134 Austin, Texas 78714-9134 Re: Whether the Texas Optometry Board may adopt a rule authorizing a therapeutic optometrist to administer cocaine […]

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Opinion No. H-1242

Joe Resweber Attorney General of Texas — Opinion. September 13, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas 77002 Re: Control of the preparation of county warrants. Dear Mr. Resweber: You ask: Can the Harris County Commissioners Court assign the preparation of Harris County […]

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Opinion No. H-1144

Bill M. White Attorney General of Texas — Opinion. March 27, 1978 JOHN L. HILL, Attorney General of Texas Honorable Bill M. White Criminal District Attorney Bexar County Courthouse San Antonio, Texas 78205 Re: Whether deputy county clerks are covered by county civil service. Dear Mr. White: You have requested our opinion concerning the application […]

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Opinion No. JC-0273

Chris D. Prentice Attorney General of Texas — Opinion. August 29, 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 No. 80 Plainview, Texas 79072 Re: Whether a county tax assessor-collector who collects the motor […]

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Opinion No. GA-0129

OLIVER S. KITZMAN Attorney General of Texas — Opinion. December 12, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Oliver S. Kitzman Waller County Criminal District Attorney 836 Austin Street, Suite 103 Hempstead, Texas 77445 Re: Whether the Waller County Commissioners Court must provide notice and hold a hearing under section 251.152 of the […]

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Opinion No. JM-1246

Bill M. Reimer Attorney General of Texas — Opinion. November 14, 1990 JIM MATTOX, Attorney General of Texas Honorable Bill M. Reimer District Attorney Comal County, Texas 150 N. Seguin, Suite 307 New Braunfels, Texas 78130 Re: Authority of a district judge to appoint a district attorney pro tem under article 2.07 of the Code […]

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Opinion No. GA-0146

GREG LOWERY Attorney General of Texas — Opinion. February 9, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Greg Lowery Wise County Attorney Wise County Courthouse, Room 300 Decatur, Texas 76234 Re: Whether an officer, as bailiff and head of courthouse security, is entitled to judicial immunity from a suit for injuries occurring while […]

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Opinion No. MW-101

Joe Resweber Attorney General of Texas — Opinion. December 17, 1979 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Expenditure of county bond funds for an addition to a detention home. Dear Mr. Resweber: Your request for an opinion poses the following questions: […]

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Opinion No. GA-0398

CARL REYNOLDS Attorney General of Texas — Opinion. February 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: Eligibility of former and retired judges to sit by assignment (RQ-0377-GA) Dear Mr. Reynolds: You ask several questions about a 2003 […]

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Opinion No. JM-894

David Brabham Attorney General of Texas — Opinion. April 15, 1988 JIM MATTOX, Attorney General of Texas Honorable David Brabham Criminal District Attorney P.O. Box 3403 Longview, Texas 75606 Re: The constitutionality of the Gregg County Special Road Law, and related questions (RQ-1138) Dear Mr. Brabham: You have asked whether the special road law for […]

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Opinion No. JM-566

Bob Bullock Attorney General of Texas — Opinion. October 21, 1986 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Whether interest earned on the bingo tax, the bank franchise tax, and the mixed beverage tax collected by the state should be remitted […]

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Opinion No. GA-0614

ROBERT SCOTT Attorney General of Texas — Opinion April 7, 2008. GREG ABBOTT, Attorney General of Texas Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether a proposed rule of the State Board for Educator Certification that relates to certification eligibility of persons with criminal convictions […]

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Opinion No. H-1299

Wilson E. Speir Attorney General of Texas — Opinion. December 21, 1978 JOHN L. HILL, Attorney General of Texas Honorable Wilson E. Speir Director Texas Department of Public Safety 5805 N. Lamar Blvd. Austin, Texas 78773 Re: Whether certain materials constitute oil field equipment for purposes of article 911b, section 1(i), V.T.C.S. Dear Mr. Speir: […]

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Opinion No. JM-808

Mike Driscoll Attorney General of Texas — Opinion. October 7, 1987 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Whether a dead body must be transferred to a county morgue under the direction and supervision of a licensed funeral director or embalmer Dear […]

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Opinion No. JM-112

Mike Westergren Attorney General of Texas — Opinion. December 30, 1983 JIM MATTOX, Attorney General of Texas Honorable Mike Westergren Nueces County Attorney Room 206, Nueces County Courthouse Corpus Christi, Texas 78401 Re: Authority of a county or city to promulgate ordinances banning open containers of alcoholic beverages in motor vehicles Dear Mr. Westergren: You […]

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Opinion No. H-1271

Tom Creighton Attorney General of Texas — Opinion. December 6, 1978 JOHN L. HILL, Attorney General of Texas Honorable Tom Creighton Chairman Senate Economic Development Committee State Capitol Austin, Texas 78711 Re: Whether telephone solicitors for resort developments must have a real estate license. Dear Senator Creighton: You ask whether the Real Estate License Act, […]

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Opinion No. MW-449

Henry Wade Attorney General of Texas — Opinion. February 23, 1982 MARK WHITE, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Condemnation Section Sixth Floor, Records Building Dallas, Texas 75202 Re: May a county award a bid with conditions different from those stated in the bid specifications Dear Mr. Wade: You ask whether […]

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Opinion No. JC-0017

Robert J. Huston Attorney General of Texas — Opinion. March 10, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Robert J. Huston Chairman, Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 Re: Whether section 361.0235 of the Health and Safety Code, […]

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Opinion No. MW-141

Henry Wade Attorney General of Texas — Opinion. February 11, 1980 MARK WHITE, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Dallas County Government Center Dallas, Texas 75202 Re: Whether a person employed by a hospital district to provide security services may carry a handgun. Dear Mr. Wade: You have asked whether a […]

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Opinion No. JM-229

Dorman H. Winfrey Attorney General of Texas — Opinion. November 14, 1984 JIM MATTOX, Attorney General of Texas Mr. Dorman H. Winfrey Director and Librarian Texas State Library P.O. Box 12927 Austin, Texas 78711 Re: Whether a custodian of non-current privileged personnel medical records may adopt a policy of opening the records a certain number […]

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Opinion No. DM-253

David Cain Attorney General of Texas — Opinion. September 3, 1993 DAN MORALES, Attorney General of Texas Honorable David Cain Chair Committee on Transportation Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a home-rule city has authority to regulate outdoor displays and signs at pawn-shops, and related questions (RQ-556) Dear Representative […]

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Opinion No. JC-0464

JEFF MOSELEY Attorney General of Texas — Opinion. February 12, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. Jeff Moseley Executive Director Texas Department of Economic Development P.O. Box 12728 Austin, Texas 78711-2728 Re: Whether article III, section 19 of the Texas Constitution requires […]

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Opinion No. JM-791

William M. Hale Attorney General of Texas — Opinion. September 22, 1987 JIM MATTOX, Attorney General of Texas Mr. William M. Hale Executive Director Texas Commission on Human Rights P.O. Box 13493 Austin, Texas 78711 Re: Authority of the Attorney General to represent the Texas Commission on Human Rights Dear Mr. Hale: You request an […]

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Opinion No. DM-203

Gonzalo Barrientos Attorney General of Texas — Opinion. February 23, 1993 DAN MORALES, Attorney General of Texas Honorable Gonzalo Barrientos Chairman Committee on Nominations Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Status of “recess gubernatorial appointees who are replaced by other nominees before the senate has had the opportunity to confirm or […]

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Opinion No. H-1255

W. K. Harvey, Jr. Attorney General of Texas — Opinion. October 11, 1978 JOHN L. HILL, Attorney General of Texas Honorable W. K. Harvey, Jr. Commissioner Texas Rehabilitation Commission 118 East Riverside Drive Austin, Texas 78704 Re: Authority of the Comptroller of Public Accounts to implement a new system of issuing warrants in payment of […]

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Opinion No. GA-0734

TOM MANESS Attorney General of Texas — Opinion August 6, 2009. GREG ABBOTT, Attorney General of Texas The Honorable Tom Maness Jefferson County Criminal District Attorney Jefferson County Courthouse 1001 Pearl Street, 3rd Floor Beaumont, Texas 77701-3545 Re: Calculation of the maximum time allowable for tax abatement under Tax Code section 312.204(d) (RQ-0784-GA) Dear Mr. […]

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Opinion No. JM-205

Ray K. Procunier Attorney General of Texas — Opinion. October 3, 1984 JIM MATTOX, Attorney General of Texas Mr. Ray K. Procunier Director Texas Department of Corrections P.O. Box 99 Huntsville, Texas 77340 Re: Benefits available to employees of schools operated by Department of Corrections for inmates Dear Mr. Procunier: Your predecessor in office asked […]

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Opinion No. MW-532

James B. Bond Attorney General of Texas — Opinion. December 23, 1982 MARK WHITE, Attorney General of Texas Mr. James B. Bond General Counsel Texas A and M University System 319 System Building College Station, Texas 77843 Re: Whether the Texas Forest Service may grant state funds to private landowners for reforestation of idle lands […]

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Opinion No. GA-0787

BURT SOLOMONS Attorney General of Texas — Opinion July 26, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Burt Solomons Chair, Committee on State Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a property tax lien lender may exercise a right of forced sale after a property owner […]

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Opinion No. JM-424

Gary E. Miller, M.D. Attorney General of Texas — Opinion. February 6, 1986 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: Scope of article 988b, V.T.C.S., with respect to members of the Board of Trustees of a […]

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Opinion No. H-1257

Preston Henrichson Attorney General of Texas — Opinion. October 13, 1978 JOHN L. HILL, Attorney General of Texas Honorable Preston Henrichson Criminal District Attorney pro tem Hidalgo County Edinburg, Texas 78539 Re: Supplemental salary of County Auditor under article 1672. Dear Mr. Henrichson: The Criminal District Attorney asked the following questions regarding salary of the […]

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Opinion No. JC-0148

Joe Warner Bell Attorney General of Texas — Opinion. December 8, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Joe Warner Bell Trinity County Attorney P.O. Box 979 Groveton, Texas 75845 Re: Whether a deputy constable is required to reside in the precinct […]

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Opinion No. JM-821

Mike Toomey Attorney General of Texas — Opinion. November 17, 1987 JIM MATTOX, Attorney General of Texas Honorable Mike Toomey Chairman Judiciary Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a volunteer fire department is subject to the Open Records Act, article 6252-17a, V.T.C.S. (RQ-1225) Dear Representative Toomey: You ask […]

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Opinion No. DM-414

Barry R. McBee Attorney General of Texas — Opinion. September 23, 1996 DAN MORALES, Attorney General of Texas Mr. Barry R. McBee Chair, Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 Re: Whether the state constitutionally may implement, as part of its vehicle emissions inspection and maintenance program, a federal requirement that […]

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