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. GA-0759

ROBERT SCOTT Attorney General of Texas — Opinion February 16, 2010. GREG ABBOTT, Attorney General of Texas Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Authority of a licensing agency to obtain criminal history information regarding an applicant (RQ-0820-GA) Dear Mr. Scott: In 2009, the Legislature […]

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Opinion No. GA-0391

ISMAEL “KINO” FLORES Attorney General of Texas — Opinion. January 10, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Ismael “Kino” Flores Chair, Committee on Licensing and Administrative Procedures Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Mr. Gordon E. Landreth, AIA Chair, Texas Board of Architectural Examiners Post Office Box […]

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Opinion No. JC-0031

John Branson Attorney General of Texas — Opinion. April 12, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Mr. John Branson Fisher County Auditor P.O. Box 126 Roby, Texas 79543 Re: Whether section 113.022 of the Local Government Code, which requires a county officer who […]

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Opinion No. JM-116

Robert J. Provan Attorney General of Texas — Opinion. December 30, 1983 JIM MATTOX, Attorney General of Texas Mr. Robert J. Provan General Counsel Stephen F. Austin State University Nacogdoches, Texas 75962 Re: Whether the Gulf Star Conference is subject to the Open Meetings and Open Records Acts Dear Mr. Provan: You have informed us […]

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Opinion No. JM-628

Patrick O. Hardy Attorney General of Texas — Opinion. January 28, 1987 JIM MATTOX, Attorney General of Texas Honorable Patrick O. Hardy Criminal District Attorney Room 201, Courthouse Woodville, Texas 75979 Re: Applicability of the Professional Prosecutors Act to funding for the criminal district attorney of Tyler County Dear Mr. Hardy: Your inquiry is directed […]

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Opinion No. JM-125

Margaret Moore Attorney General of Texas — Opinion. February 16, 1984 JIM MATTOX, Attorney General of Texas Honorable Margaret Moore Travis County Attorney P.O. Box 1748 Austin, Texas 78767 Re: Constitutionality of rules of Texas State Board of Medical Examiners relating to acupuncturists Dear Ms. Moore: You have requested our opinion as to whether the […]

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Opinion No. GA-0561

R. LOWELL THOMPSON Attorney General of Texas — Opinion August 14, 2007. GREG ABBOTT, Attorney General of Texas The Honorable R. Lowell Thompson Navarro County Criminal District Attorney Navarro County Courthouse 300 West Third Avenue, Suite 203 Corsicana, Texas 75110 Re: Authority of the Texas Alcoholic Beverage Commission or the City of Corsicana to regulate […]

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Opinion No. JM-685

Bill Haley Attorney General of Texas — Opinion. April 24, 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: Whether a school district may expend public funds to defend a school board member in an election contest suit Dear […]

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Opinion No. JC-0046

Carole Keeton Rylander Attorney General of Texas — Opinion. May 11, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Carole Keeton Rylander Comptroller of Public Accounts P.O. Box 219 Austin, Texas 78767-0219 Re: Authority of charitable organization to conduct raffle that offers prize […]

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Opinion No. JC-0087

James M. Kuboviak Attorney General of Texas — Opinion. August 10, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable James M. Kuboviak Brazos County Attorney 300 East 26th Street, Suite #325 Bryan, Texas 77803 Re: Whether section 154.025, Local Government Code, prohibits issuance […]

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Opinion No. DM-88

George Pierce Attorney General of Texas — Opinion. February 6, 1992 DAN MORALES, Attorney General of Texas Honorable George Pierce Chairman Committee on Urban Affairs Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: Whether article 601f, V.T.C.S., pertaining to payments for goods and services contracted for by state agencies or political […]

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Opinion No. MW-290

Joe Resweber Attorney General of Texas — Opinion. January 5, 1981 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Whether a county may expend proceeds of the sale of bonds and other county funds to construct permanent improvements on leased land Dear Mr. […]

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Opinion No. DM-320

Doyne Bailey Attorney General of Texas — Opinion. February 6, 1995 DAN MORALES, Attorney General of Texas Mr. Doyne Bailey Administrator Texas Alcoholic Beverage Commission P.O. Box 13127 Austin, Texas 78711-3127 Re: Whether justice courts have jurisdiction of prosecutions for violations of sections 106.02, 106.04, and 106.05 of the Alcoholic Beverage Code (RQ-651) Dear Mr. […]

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Opinion No. JM-211

Bob Bullock Attorney General of Texas — Opinion. October 12, 1984 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774 Re: Whether country club fees are subject to the amusements tax Dear Mr. Bullock: Chapter 151 of the Tax Code imposes limited sales, excise, […]

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Opinion No. JM-127

Jim Boyle Attorney General of Texas — Opinion. February 21, 1984 JIM MATTOX, Attorney General of Texas Mr. Jim Boyle Public Counsel Office of Public Utility Counsel 8140 Mopac, Westpark III, No. 120 Austin, Texas 78759 Re: Whether bonding date for Southwestern Bell rate request before Public Utility Commission is governed by amendment effective September […]

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Opinion No. JC-0317

Senfronia Thompson Attorney General of Texas — Opinion. December 15, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Senfronia Thompson Chair, Committee on Judicial Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the addition of certain protest words […]

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Opinion No. MW-399

Henry Wade Attorney General of Texas — Opinion. November 30, 1981 MARK WHITE, Attorney General of Texas Honorable Henry Wade Criminal District Attorney Condemnation Section Sixth Floor, Records Building Dallas, Texas 75202 Re: Use of county law library funds for a computer information center Dear Mr. Wade: You advise that computerized information systems provide greater […]

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Opinion No. JC-0521

MICHAEL A. STAFFORD Attorney General of Texas — Opinion. June 28, 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 1019 Congress, 15th Floor Houston, Texas 77002-1700 Re: Whether a county may require prospective contractors to submit affidavits […]

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Opinion No. H-1099

Joe Resweber Attorney General of Texas — Opinion. November 30, 1977 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber County Attorney Harris County Courthouse Houston, Texas 77002 Re: Are Harris County justices of the peace required to publish semi-annual status reports? Dear Mr. Resweber: Your office has asked if justices of the peace […]

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Opinion No. MW-412

Mike Driscoll Attorney General of Texas — Opinion. December 18, 1981 MARK WHITE, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Authority of county flood control district to lengthen private bridge crossing channel widened by district Dear Mr. Driscoll: You have requested our opinion regarding […]

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Opinion No. JM-780

Jerry Cobb Attorney General of Texas — Opinion. August 31, 1987 JIM MATTOX, Attorney General of Texas Honorable Jerry Cobb Criminal District Attorney P.O. Box 2344 Denton, Texas 76201 Re: Validity of a proposed municipal ordinance defining “contemporary community standard” for purposes of regulation of obscenity Dear Mr. Cobb: You ask whether the city of […]

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Opinion No. DM-304

John Vance Attorney General of Texas — Opinion. September 28, 1994 DAN MORALES, Attorney General of Texas Honorable John Vance Dallas County District Attorney Frank Crowley Courts Building Dallas, Texas 75207-4313 Re: Effect of amendments to Education Code section 4.25(a), (b) by the Seventy-third Legislature’s House Bills 681 and 1372 and Senate Bill 7 (RQ-646) […]

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Opinion No. JM-1024

Terral Smith Attorney General of Texas — Opinion. February 28, 1989 JIM MATTOX, Attorney General of Texas Honorable Terral Smith Chairman Natural Resources Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a commissioners court may authorize the creation of a single-county underground water district under section 52.022 of the Water Code […]

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Opinion No. JM-910

Michael J. Guarino Attorney General of Texas — Opinion. May 25, 1988 JIM MATTOX, Attorney General of Texas Honorable Michael J. Guarino Criminal District Attorney 405 County Courthouse Galveston, Texas 77550 Re: Whether a commissioners court is authorized to grant vacation and sick leave benefits to elected and appointed county officials, and related questions (RQ-1178) […]

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Opinion No. DM-196

Lionel R. Meno Attorney General of Texas — Opinion. January 22, 1993 DAN MORALES, Attorney General of Texas Mr. Lionel R. Meno Commissioner Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Whether the prekindergarten program established by section 21.136 of the Education Code is part of elementary education under Texas law, and […]

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Opinion No. H-1212

William R. Pemberton Attorney General of Texas — Opinion. July 20, 1978 JOHN L. HILL, Attorney General of Texas Honorable William R. Pemberton County Attorney Bee County Beeville, Texas Re: County auditor’s responsibility for auditing CETA funds. Dear Mr. Pemberton: You inform us that Bee County participates in certain programs established and funded under the […]

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Opinion No. GA-0229

MATT BINGHAM Attorney General of Texas — Opinion. August 9, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Matt Bingham Smith County Criminal District Attorney Smith County Courthouse 100 North Broadway, Fourth Floor Tyler, Texas 75702 Re: Whether a county sheriff is authorized to enter into a contract to house federal prisoners or to […]

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Opinion No. JM-559

Carter Beckworth Attorney General of Texas — Opinion. October 10, 1986 JIM MATTOX, Attorney General of Texas Honorable Carter Beckworth Criminal District Attorney P.O. Box 3403 Longview, Texas 75606 Re: Construction of charitable trust established on behalf of the Roy H. Laird Memorial Hospital Dear Mr. Beckworth: You seek construction of a charitable trust created […]

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Opinion No. JC-0411

José R. Rodriguez Attorney General of Texas — Opinion. September 20, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable José R. Rodriguez County Attorney, El Paso County County Courthouse 500 East San Antonio, Room 203 El Paso, Texas 79901 Re: Whether the Board […]

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Opinion No. H-1185

H. Bate Bond Attorney General of Texas — Opinion. June 16, 1978 JOHN L. HILL, Attorney General of Texas Honorable H. Bate Bond County Auditor Comal County Courthouse New Braunfels, Texas 78130 Re: Authority of the county auditor to audit bond monies held by the county sheriff. Dear Mr. Bond: You have requested our opinion […]

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Opinion No. JM-327

Gary Thompson Attorney General of Texas — Opinion. June 13, 1985 JIM MATTOX, Attorney General of Texas Honorable Gary Thompson Chairman County Affairs Committee Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether a commissioners court may expend funds for operation and maintenance of a county hospital under article 4437e-2, V.T.C.S. Dear […]

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Opinion No. JC-0190

Frank Madla Attorney General of Texas — Opinion. March 1, 2000 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Frank Madla Chair Intergovernmental Relations Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether funds allocated by section 1701.157 of the Occupations […]

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Opinion No. GA-0371

JERRY CLARK Attorney General of Texas — Opinion. November 3, 2005. GREG ABBOTT, Attorney General of Texas Mr. Jerry Clark Executive Vice President and General Manager Sabine River Authority of Texas Post Office Box 579 Orange, Texas 77631 Re: Whether the Sabine River Authority of Texas may sell surplus real property to an adjoining landowner […]

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Opinion No. JC-0005

Judith Zaffirini Attorney General of Texas — Opinion. February 26, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Judith Zaffirini Chair, Human Services Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Purchase of vehicles by Laredo Police Department with forfeiture […]

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Opinion No. H-952

Oscar B. McInnis Attorney General of Texas — Opinion. March 10, 1977 JOHN L. HILL, Attorney General of Texas The Honorable Oscar B. McInnis Criminal District Attorney Hidalgo County Edinburg, Texas 78539 Re: Propriety of per diem payments to visiting official court reporter from another district. Dear Mr. McInnis: You advise that the official court […]

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Opinion No. MW-378

Fred Wendorf, Ph.D. Attorney General of Texas — Opinion. October 22, 1981 MARK WHITE, Attorney General of Texas Fred Wendorf, Ph.D. Chairman Texas Antiquities Committee P. O. Box 12276, Capitol Station Austin, Texas 78711 Re: Contract for renovation of Sam Houston Woodland Home in Huntsville Dear Mr. Wendorf: The Sam Houston Woodland Home in Huntsville, […]

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Opinion No. H-1151

Barry Read Attorney General of Texas — Opinion. April 6, 1978 JOHN L. HILL, Attorney General of Texas Honorable Barry Read Texas State Board of Examiners of Psychologists 108 West 15th Street Austin, Texas 78701 Re: Whether the Board of Examiners of Psychologists may consider postdoctoral courses in determining whether an applicant has met the […]

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Opinion No. GA-0342

MICHAEL S. WENK Attorney General of Texas — Opinion. July 28, 2005 GREG ABBOTT, Attorney General of Texas The Honorable Michael S. Wenk Hays County Criminal District Attorney Hays County Justice Center 110 East Martin Luther King San Marcos, Texas 78666 Re: Whether a home-rule city may change the city’s date for general elections through […]

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Opinion No. DM-90

A. J. (Jack) Hartel Attorney General of Texas — Opinion. February 7, 1992 DAN MORALES, Attorney General of Texas Honorable A. J. (Jack) Hartel Liberty County Attorney P. O. Box 9127 Liberty, Texas 77575-9127 Re: Authority of a navigation district to enter into a tax abatement agreement (RQ-251) Dear Mr. Hartel: You ask two questions […]

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Opinion No. GA-0126

BEN W. “BUD” CHILDERS Attorney General of Texas — Opinion. December 8, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Ben W. “Bud” Childers Fort Bend County Attorney 301 Jackson Street, Suite 728 Richmond, Texas 77469-3108 Re: Authority of a district court judge to appoint an associate judge (RQ-0063-GA) Dear Mr. Childers: You ask […]

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Opinion No. JM-204

Ed Grisham Attorney General of Texas — Opinion. October 3, 1984 JIM MATTOX, Attorney General of Texas Mr. Ed Grisham Chairman Texas Employment Commission T.E.C. Building 15th and Congress, Suite 624 Austin, Texas 78778 Re: Whether temporary and part-time employees of the Texas Employment Commission accrue vacation, sick leave and holiday time Dear Mr. Grisham: […]

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Opinion No. JC-0534

JUAN J. HINOJOSA Attorney General of Texas — Opinion. July 26, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Juan J. Hinojosa Chair, House Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Application of section 1704.302, […]

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Opinion No. JM-150

Bob Bullock Attorney General of Texas — Opinion. May 2, 1984 JIM MATTOX, Attorney General of Texas Honorable Bob Bullock Comptroller of Public Accounts P.O. Box 2243 Austin, Texas 78767 Re: Taxability of sales of natural gas by a company to industrial consumers within a city under chapter 182 of the Tax Code Dear Mr. […]

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Opinion No. JM-951

Hugh Parmer Attorney General of Texas — Opinion. September 2, 1988 JIM MATTOX, Attorney General of Texas Honorable Hugh Parmer Chairman Intergovernmental Relations Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether a public television station is a “charitable organization” for purposes of liability, including slander and libel, and related questions (RQ-1513) […]

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Opinion No. DM-141

John Sharp Attorney General of Texas — Opinion. July 13, 1992 DAN MORALES, Attorney General of Texas Honorable John Sharp Comptroller of Public Accounts L. B. J. State Office Building Austin, Texas 78774 Re: Whether the procedure for adjusting the rate of assessment the Public Utility Commission specified in title 16 of the Texas Administrative […]

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Opinion No. GA-0450

JOEL D. LITTLEFIELD Attorney General of Texas — Opinion. August 15, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Joel D. Littlefield Hunt County Attorney Post Office Box 1097 Greenville, Texas 75403-1097 Re: Whether a county clerk is authorized, required, or permitted by statute to file and record a common-law copyright (RQ-0449-GA) Dear Mr. […]

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Opinion No. JM-969

Glen Hartman Attorney General of Texas — Opinion. October 24, 1988 JIM MATTOX, Attorney General of Texas Mr. Glen Hartman Executive Director Texas Public Finance Authority P.O. Box 12906 Austin, Texas 78711 Re: Whether all bonds to be used to fund a project must be issued before formalization of construction contracts (RQ-1454) Dear Mr. Hartman: […]

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Opinion No. MW-220

George W. McNiel Attorney General of Texas — Opinion. August 20, 1980 MARK WHITE, Attorney General of Texas Honorable George W. McNiel Auditor of the State of Texas Sam Houston State Office Building Austin, Texas 78711 Re: Whether junior colleges are required to collect tuition for noncredit vocational technical courses Dear Mr. McNiel: Your request […]

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Opinion No. GA-0868

VERONICA GONZALES Attorney General of Texas — Opinion August 1, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Veronica Gonzales Chair, Committee on Border and Intergovernmental Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether the expanded definition of “disability” under federal law affects a taxpayer’s qualification for the […]

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Opinion No. JM-567

Edward Woolery-Price Attorney General of Texas — Opinion. October 22, 1986 JIM MATTOX, Attorney General of Texas Honorable Edward Woolery-Price Colorado County Attorney 910 Milam Columbus, Texas 78934 Re: Whether exemption for certain commodities in section 5(b) of article 6701d-11, V.T.C.S., applies to section 5(a) of article 6701d-11, V.T.C.S. Dear Mr. Woolery-Price: You ask a […]

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Opinion No. JM-692

Travis S. Ware Attorney General of Texas — Opinion. May 11, 1987 JIM MATTOX, Attorney General of Texas Honorable Travis S. Ware Criminal District Attorney P.O. Box 10536 Lubbock, Texas 79408 Re: Authority of a master appointed under the authority of Senate Bill No. 1321, Acts 1985, 69th Leg., ch. 851, § 1 et seq., […]

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Opinion No. DM-464

Rodney Ellis Attorney General of Texas — Opinion. December 22, 1997 DAN MORALES, Attorney General of Texas The Honorable Rodney Ellis Chair, Jurisprudence Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Constitutionality of Senate Bill 1417, Acts 1997, 75th Leg., R.S., ch. 1327, and related questions (RQ-987) Dear Senator Ellis: You have […]

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Opinion No. JC-0141

José R. Rodréguez Attorney General of Texas — Opinion. November 10, 1999 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable José R. Rodréguez El Paso County Attorney 500 East San Antonio, Room 203 El Paso, Texas 79901 Re: Whether, following the termination of a […]

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Opinion No. DM-129

Gonzalo Barrientos Attorney General of Texas — Opinion. June 17, 1992 DAN MORALES, Attorney General of Texas Honorable Gonzalo Barrientos Chairman Committee on Nominations Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Whether a home rule city may, consistent with article III, section 53 of the Texas Constitution, create a “sick leave […]

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Opinion No. JM-13

Kenneth H. Ashworth Attorney General of Texas — Opinion. March 15, 1983 JIM MATTOX, Attorney General of Texas Mr. Kenneth H. Ashworth Commissioner, Coordinating Board Texas College and University System P. O. Box 12788, Capitol Station Austin, Texas 78711 Re: Whether securities pledged by bank to secure deposit of junior college district funds may be […]

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Opinion No. MW-366

C. Michael Ederer Attorney General of Texas — Opinion. September 10, 1981 MARK WHITE, Attorney General of Texas Honorable C. Michael Ederer Delta County Attorney Delta County Courthouse Cooper, Texas 75432 Re: Whether salary grievance committee under article 3912k, V.T.C.S., may grant a raise in excess of the amount requested Dear Mr. Ederer: You have […]

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Opinion No. JM-75

Henry Wade Attorney General of Texas — Opinion. October 12, 1983 JIM MATTOX, Attorney General of Texas Honorable Henry Wade Dallas County District Attorney Government Center Dallas, Texas 75202 Re: Effective date of article 2372p-3, relating to regulation of bail bondsmen Dear Mr. Wade: The legislature enacted a statute to license and regulate bail bondsmen […]

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Opinion No. JM-562

H. Tati Santiesteban Attorney General of Texas — Opinion. October 16, 1986 JIM MATTOX, Attorney General of Texas Honorable H. Tati Santiesteban Chairman Natural Resource Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Applicability of an energy conservation code to areas which are provided electric utility service by a city but are […]

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Opinion No. JM-2

Roy Blake Attorney General of Texas — Opinion. March 8, 1983 JIM MATTOX, Attorney General of Texas Honorable Roy Blake Chairman Senate Committee on Administration Texas State Senate G-27-J, State Capitol Building Austin, Texas 78711 Re: Whether the Corrigan Hospital District may build and operate a nursing home to provide geriatric care Dear Senator Blake: […]

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Opinion No. JM-217

Philip D. Creer Attorney General of Texas — Opinion. October 24, 1984 JIM MATTOX, Attorney General of Texas Mr. Philip D. Creer, FAIA Executive Director The Texas Board of Architectural Examiners 8213 Shoal Creek Blvd., Suite 107 Austin, Texas 78758 Re: Authority of a landscape architect under article 249c, V.T.C.S. Dear Mr. Creer: You ask […]

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Opinion No. JC-0444

Tully Shahan Attorney General of Texas — Opinion. December 20, 2001 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Tully Shahan Kinney County Attorney P.O. Box 365 Brackettville, Texas 78832-0365 Re: Whether Kinney County is authorized to pay for the confirmation election for the […]

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Opinion No. JM-1

Maurice S. Pipkin Attorney General of Texas — Opinion. March 8, 1983 JIM MATTOX, Attorney General of Texas Mr. Maurice S. Pipkin Executive Director State Commission on Judicial Conduct 211 Reagan Building Austin, Texas 78711 Re: Whether a justice of the peace may refuse to marry an interracial couple Dear Mr. Pipkin: You have requested […]

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Opinion No. JM-499

Sam H. Smith Attorney General of Texas — Opinion. June 6, 1986 JIM MATTOX, Attorney General of Texas Mr. Sam H. Smith Executive Director Board of Tax Professional Examiners P.O. Box 15920 Austin, Texas 78761 Re: May one individual, consistently with article XVI, section 40, of the Texas Constitution, serve as chief appraiser in three […]

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Opinion No. MW-470

Dan M. Boulware Attorney General of Texas — Opinion. May 17, 1982 MARK WHITE, Attorney General of Texas Mr. Dan M. Boulware Johnson County Attorney P. O. Box 614 Cleburne, Texas 76031 Re: Fees to be charged by sheriff for serving out-of-county delinquent tax suit citations before and after January 1, 1982 Dear Mr. Boulware: […]

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Opinion No. JC-0527

JEFF WENTWORTH Attorney General of Texas — Opinion. July 9, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn The Honorable Jeff Wentworth Chair, Redistricting Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Whether the University of Texas System may adopt a mandatory […]

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Opinion No. GA-0578

RICK PERRY Attorney General of Texas — Opinion October 31, 2007. GREG ABBOTT, Attorney General of Texas The Honorable Rick Perry Governor of Texas Post Office Box 12428 Austin, Texas 78711 Re: Whether a vacancy exists in the newly-created 444th and 445th Judicial Districts, and if so, whether those positions are required to be funded […]

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Opinion No. GA-0041

PEGGY HAMRIC Attorney General of Texas — Opinion. March 17, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Peggy Hamric Chair, Committee on House Administration Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether chapter 143 of the Local Government Code, which provides civil service protection for certain municipal employees, […]

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Opinion No. H-1070

Ben Z. Grant Attorney General of Texas — Opinion. October 12, 1977 JOHN L. HILL, Attorney General of Texas Honorable Ben Z. Grant Chairman, Judiciary Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78769 Re: Validity of financial disclosure ordinance applying to officials and candidates in a home rule city. Dear Chairman […]

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Opinion No. JM-961

Betty Strohacker Attorney General of Texas — Opinion. September 30, 1988 JIM MATTOX, Attorney General of Texas Ms. Betty Strohacker President Upper Guadalupe River Authority P.O. Box 1278 Kerrville, Texas 78029 Re: Authority of the Upper Guadalupe River Authority to compel septic tank users within its service area to connect to a sewage gathering, transmission, […]

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Opinion No. H-1114

M. L. Brockette Attorney General of Texas — Opinion. January 12, 1978 JOHN L. HILL, Attorney General of Texas Honorable M. L. Brockette Commissioner of Education Texas Education Agency 201 East Eleventh Street Austin, Texas 78701 Honorable Jess M. Irwin, Jr. Commissioner Texas Rehabilitation Commission 7745 Chevy Chase Drive Austin, Texas 78752 Re: Payment of […]

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Opinion No. JM-1244

Carl A. Parker Attorney General of Texas — Opinion. November 13, 1990 JIM MATTOX, Attorney General of Texas Honorable Carl A. Parker Chairman Education Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711 Re: Jurisdiction of the 356th District Court over probate matters (RQ-2040) Dear Senator Parker: You ask whether the 356th District Court […]

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Opinion No. MW-71

Joe Resweber Attorney General of Texas — Opinion. October 17, 1979 MARK WHITE, Attorney General of Texas Honorable Joe Resweber Harris County Attorney 1001 Preston Suite 643 Houston, Texas 77002 Re: Duty of district clerk to file exhibits in criminal proceedings. Dear Mr. Resweber: You ask if the district clerk of Harris County is required […]

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Opinion No. JM-132

Patrick J. Ridley Attorney General of Texas — Opinion. March 6, 1984 JIM MATTOX, Attorney General of Texas Honorable Patrick J. Ridley Bell County Attorney P.O. Box 474 Belton, Texas 76513 Re: Automatic resignation of county commissioner from office by filing for candidacy for another office Dear Mr. Ridley: You have asked whether, by reason […]

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Opinion No. H-1133

Joe Resweber Attorney General of Texas — Opinion. March 10, 1978 JOHN L. HILL, Attorney General of Texas Honorable Joe Resweber County Attorney Harris County Courthouse Houston, Texas 77002 Re: Legal advice and representation for Harris County Juvenile Board. Dear Mr. Resweber: Your office has in the past rendered legal advice and has represented the […]

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Opinion No. DM-350

Mike Moses, Ph.D. Attorney General of Texas — Opinion. June 6, 1995 DAN MORALES, Attorney General of Texas Mike Moses, Ph.D. Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Honorable John W. Segrest Criminal District Attorney McLennan County 209 North Sixth Street, Suite 200 Waco, Texas 76701 Re: Whether purchases […]

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Opinion No. DM-242

Tracey Bright Attorney General of Texas — Opinion. August 12, 1993 DAN MORALES, Attorney General of Texas Honorable Tracey Bright County Attorney Ector County Courthouse Room 201 Odessa, Texas 79761 Re: Whether an independent school district may, without violating the competitive bidding statutes, “act as its own general contractor” in letting bids for renovation and […]

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Opinion No. JM-443

Brad Wright Attorney General of Texas — Opinion. February 21, 1986 JIM MATTOX, Attorney General of Texas Honorable Brad Wright Chairman Committee on Public Health Texas House of Representatives P.O. Box 2910 Austin, Texas 78769 Re: Whether it is unconstitutional to impose the $3 court cost set out in article 8309-1, section 14(b), V.T.C.S., on […]

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Opinion No. GA-0465

CHRIS TAYLOR Attorney General of Texas — Opinion. September 25, 2006. GREG ABBOTT, Attorney General of Texas The Honorable Chris Taylor Tom Green County Attorney 122 West Harris Avenue San Angelo, Texas 76903 Re: Whether a county jailer who is a certified peace officer is required to obtain a commission from the Texas Commission on […]

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Opinion No. DM-173

Mary Sapp Attorney General of Texas — Opinion. September 29, 1992 DAN MORALES, Attorney General of Texas Ms. Mary Sapp Executive Director Texas Department on Aging P. O. Box 12786 Austin, Texas 78711 Re: Whether the Human Resources Code section 101.063 provides immunity to volunteer ombudsmen in the Texas Department of Aging long-term care ombudsman […]

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Opinion No. GA-0803

FRANK J. CORTE JR Attorney General of Texas — Opinion September 24, 2010. GREG ABBOTT, Attorney General of Texas The Honorable Frank J. Corte Jr. Chair, Committee on Defense and Veterans’ Affairs Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 Re: Whether a facility must have a license to perform medical abortions, […]

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Opinion No. GA-0166

JOE WARNER BELL Attorney General of Texas — Opinion. March 15, 2004 GREG ABBOTT, Attorney General of Texas The Honorable Joe Warner Bell Trinity County Attorney P.O. Box 979 Groveton, Texas 75845 Re: City council’s authority to prohibit the use of the municipal jail as a holding facility for persons arrested by deputy constables for […]

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Opinion No. GA-0047

WILLIAM M. JENNINGS Attorney General of Texas — Opinion. March 27, 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: Whether a municipal risk pool established under chapter 172 of the Local Government Code is subject to […]

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Opinion No. DM-380

Patrick J. Fleming Attorney General of Texas — Opinion. March 21, 1996 DAN MORALES, Attorney General of Texas The Honorable Patrick J. Fleming Parker County Attorney One Courthouse Square Weatherford, Texas 76086 Re: Whether the Parker County Hospital District is responsible for the payment of health care costs for inmates in the Parker County Jail […]

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Opinion No. JM-776

Tommy W. Wallace Attorney General of Texas — Opinion. August 27, 1987 JIM MATTOX, Attorney General of Texas Honorable Tommy W. Wallace Criminal District Attorney Van Zandt County Courthouse Canton, Texas 75103 Re: Whether an individual whose spouse is a bail bondsman may be employed as an investigator for the office of criminal district attorney […]

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Opinion No. JM-867

Jim Nugent Attorney General of Texas — Opinion. March 3, 1988 JIM MATTOX, Attorney General of Texas Honorable Jim Nugent Chairman Railroad Commission of Texas P.O. Drawer 12967 Capitol Station Austin, Texas 78711 Re: Whether the Railroad Commission is prohibited by federal law from exercising its jurisdiction under article 6498, V.T.C.S., to grant railroad discontinuances […]

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Opinion No. MW-314

Mike Driscoll Attorney General of Texas — Opinion. March 24, 1981 MARK WHITE, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Clarification of Attorney General Opinion MW-290 with respect to encumbrance for rental payments on Center Pavilion Hospital Project Dear Mr. Driscoll: You ask three […]

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Opinion No. GA-0186

C. TOM CLOWE, JR Attorney General of Texas — Opinion. May 12, 2004 GREG ABBOTT, Attorney General of Texas Mr. C. Tom Clowe Jr. Chair, Texas Lottery Commission Post Office Box 16630 Austin, Texas 78761-6630 Re: Whether a corporate applicant is ineligible for a manufacturer’s or distributor’s license if a person holding ten percent or […]

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Opinion No. JM-1078

David A. Ivie Attorney General of Texas — Opinion. August 1, 1989 JIM MATTOX, Attorney General of Texas Mr. Jim Hightower Commissioner The Department of Agriculture P.O. Box 12847 Austin, Texas 78711 Mr. David A. Ivie Executive Director Structural Pest Control Board 1300 East Anderson Lane Austin, Texas 78752 Re: Authorization to license non-commercial applicators […]

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Opinion No. JM-1220

Charles W. Chapman Attorney General of Texas — Opinion. September 13, 1990 JIM MATTOX, Attorney General of Texas Honorable Charles W. Chapman Criminal District Attorney Hays County Courthouse Suite 208 San Marcos, Texas 78666 Re: Competitive bidding for a county vehicle maintenance building (RQ-1746) Dear Mr. Chapman: You inform us that in the fall of […]

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Opinion No. DM-16

Chet Brooks Attorney General of Texas — Opinion. April 16, 1991 DAN MORALES, Attorney General of Texas Honorable Chet Brooks Chairman Health and Human Services Committee Texas State Senate P. O. Box 12068 Austin, Texas 78711 Re: Whether certain registered installers of manufactured housing must obtain certificates of necessity and public convenience from the Railroad […]

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Opinion No. GA-0876

BARBARA CARGILL Attorney General of Texas — Opinion August 12, 2011. GREG ABBOTT, Attorney General of Texas The Honorable Barbara Cargill Chair, State Board of Education 1701 North Congress Avenue Austin, Texas 78701-1494 Re: Construction of section 7.103(c), Education Code, regarding the eligibility of a registered lobbyist for membership on the State Board of Education […]

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Opinion No. GA-0010

STEVEN D. WOLENS Attorney General of Texas — Opinion. January 10, 2003 GREG ABBOTT, Attorney General of Texas The Honorable Steven D. Wolens Chair, Committee on State Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Re: Whether the divestiture provision in section 12.152(b) of the Utilities Code applies to an interest under […]

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Opinion No. MW-158

Billy Fred Lacy Attorney General of Texas — Opinion. April 3, 1980 MARK WHITE, Attorney General of Texas Honorable Billy Fred Lacy Potter County Auditor Courthouse Amarillo, Texas 79101 Re: Whether a county is liable for court costs assessed against the district attorney. Dear Mr. Lacy: You ask whether the commissioners court of Potter County […]

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Opinion No. JM-232

Mike Driscoll Attorney General of Texas — Opinion. November 14, 1984 JIM MATTOX, Attorney General of Texas Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 Re: Eligibility for membership on the Harris County Bail Bond Board and related questions Dear Mr. Driscoll: You inquire about eligibility for membership on the […]

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Opinion No. JC-0478

GRACE SHORE Attorney General of Texas — Opinion. March 12, 2002 JOHN CORNYN, Attorney General of Texas Office of the Attorney General — State of Texas John Cornyn Ms. Grace Shore, Chair State Board of Education c/o Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Mr. Jim Nelson Commissioner of Education Texas Education […]

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Opinion No. DM-399

Don Henderson Attorney General of Texas — Opinion. June 13, 1996 DAN MORALES, Attorney General of Texas The Honorable Don Henderson Chair Senate Jurisprudence Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068 Re: Whether chapter 43 and section 243.003 of the Local Government Code violate article I, section 19 of the Texas Constitution […]

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Opinion No. JM-994

Robert Bernstein, M.D. Attorney General of Texas — Opinion. December 16, 1988 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: Preemption by Texas Department of Health of local ordinances regulating the sale of abusable glues and aerosol paints (RQ-1480) Dear […]

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Opinion No. MW-404

Andy Shuval Attorney General of Texas — Opinion. December 4, 1981 MARK WHITE, Attorney General of Texas Mr. Andy Shuval Executive Director Texas Prosecutors Coordinating Council 1414 Colorado Austin, Texas 78711 Re: Appointment of prosecutor pro tempore Dear Mr. Shuval: You have informed us that House Bill No. 649, passed in the last legislative session, […]

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Opinion No. DM-284

J. Robert Hunter Attorney General of Texas — Opinion. January 11, 1994 DAN MORALES, Attorney General of Texas Mr. J. Robert Hunter Commissioner Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 Re: Whether the Open Meetings Act, Government Code chapter 551, applies to the governing bodies of the Health Maintenance Organization Solvency Surveillance […]

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