Case law

Opinion No.

Texas Attorney General Reports · Mar 5, 1981

It guarantees loans made to eligible students under the federal guaranteed student loan program established by the Higher Education Act of 1965, 20 U.S.C. § 1001 et seq. … our conclusion that the corporation is not subject to article 6252-19, the Tort Claims Act, is premised on the determination that the legislature did not intend the corporation to fall within the doctrine of governmental immunity

Opinion No.

Texas Attorney General Reports · Apr 23, 1990

State Bd. of Equalization of California, 451 U.S. 648 (1981), they had considered it now established that, whatever the extent of a State's authority to exclude foreign corporations from doing business within its boundaries … Witsell, 334 U.S. 385 (1948), that "the privileges and immunities clause is not an absolute." Garcia, at 38.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

Reading the section as a whole, however, section 52-a clearly envisions that a county, municipality, or other political subdivision may issue bonds to pay for its economic development program. … . . public purposes in the amount and to the extent provided by such charter, and consistent with the Constitution of this State; provided, that said bonds shall have first been authorized by a majority vote by the duly qualified

Opinion No.

Texas Attorney General Reports · Dec 31, 1984

If it is clearly stated in the bond election proposition submitted to the voters and is clearly for legitimate needs and purposes of the road district, may bond funds be spent on roads needed for ingress and egress to the … ESTABLISHMENT OF ROAD DISTRICTS.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1990

* to connect the two subsections of the definition clearly signifies that an organization need not find its purpose in both sub- P sections. … The act's definition of "charitable purposes*' closely tracks definitions used by the courts relative to the establishment of charitable trusts. Se. ea Bovd v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1991

Id The county clerk must provide a petition to qualified voters under the following circumstances: If 10 or more qualified voters of any county, justice precinct, or incorporated city or town … Where the boundaries of the former justice of the peace precinct are clearly defined by public records, the county commissioners have no discretion to define the boundaries differently for purposes of a local option election

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1944

In Texas it is a well settled and elementary principle of law that counties have no powers or duties except those which are clearly set forth and defined in the Constitution and statutes, or necessarily implied therefrom. … The establishment, main- tenance and support of a county library is a part of the general administra- tive purposes of the county.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1963

there.is no express statutory autnorlty for nolaing tnese electlons Jointly, it Is well established that they may ,lawfull be .held at-the same ,tlme and place, Att'y Gen. Ops. … The publla.pol$cy of the State, as declared by the Legislature, clearly does not forbid use of a ballot form which permits exposure of~the’uncontested portion of the ballot lngeneral.and primary elections.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1979

Service shall be established for retirement purposes upon payment in a lump sum of all applicable contributions, interest, and fees. … While the Maryland case is not directly in point regarding employment benefits such as retirement or longevity, it clearly points out that, at the time of the decision, National Guard personnel were to be regarded as employees

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

This means, of course, that certain aliens residing in Texas may qualify as residents for purposes of tuition at state universities. … office has reviewed the per- tinent immigration statutes as well as the NATO Status of Forces Agreement and is unable to conclude that any of these laws or agreements clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1993

This ambiguity is resohxd, however, by the prior aentenw of subsection (c)(2) which requhes municipalitiesto “use a qualified in-house audit to establish to what extent mitforiv busines enlerprises in lhe municipali~ are … Clearly, this sentence refers only to minority business enterprise located in the municipalii.

Opinion No.

Texas Attorney General Reports · Sep 19, 1991

The county clerk must provide a petition to qualified voters under the following circumstances: If 10 or more qualified voters of any county, justice precinct, or incorporated city or town file a written application, the … county clerk of the county shall issue to the applicants a petition to be circulated among the qualified voters of that political subdivision.

Opinion No.

Texas Attorney General Reports · Sep 20, 2001

. § 172.004 (Vernon 1999) (county may establish a risk pool to provide health coverage for county officers, employees, retirees, and their dependants). … -Houston [14th Dist.], 1994 writ denied) (to prove affirmative defense of qualified official immunity, deputy constables had to establish, among other things, that they were on-duty at time of alleged assault).

Untitled Texas Attorney General Opinion: KP-0441

Texas Attorney General Reports · Apr 11, 2023

Subchapter H also expressly provides that a magistrate “has the same judicial immunity as a district judge.” Id. § 54.654. … The Texas Supreme Court established the standard by which to determine whether a position is an officer for incompatibility purposes in Aldine Independent School District v. Standley. 280 S.W.2d 578, 583 (Tex. 1955).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

You ask several questions about rules promulgated by the Board of Medical Examiners on the delegation of health care tasks to qualified non-physicians. … We believe a qualified non-physician may administer immunizations even though his supervising doctor has not ma& individual determinations as to each person’s need for the vaccine.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

See also id. 8 172.004 (Vernon 1999) (county may establish a risk pool to provide health coverage for county officers, employees, retirees, and their dependants). … -Houston [14thDist.], 1994 writ denied) (to prove affirmative defense of qualified official immunity, deputy constables had to establish, among other things, that they were on-duty at time of alleged assault).

Opinion No.

Texas Attorney General Reports · Dec 13, 1979

Service shall be established for retirement purposes upon payment in a lump sum of all applicable contributions, interest, and fees. … While the Maryland case is not directly in point regarding employment benefits such as retirement or longevity, it clearly points out that, at the time of the decision, National Guard personnel were to be regarded as employees

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1942

Shivers, 103 S.W; ,(2d)363, very clearly covered the method of distributionof-general road and bridge money of a county In ~construlngArticle 6740; but In its last paragraph It stated (Aa to that portion'of automobile … We are of the opinion that the Legislaturerecognized the fact that as a general rule members of commlsslonersl'courts are not qualified to act as engineersfor road constructionwork; that Is, they'are not trained to survey

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

Chapter 2306 of the Government Code establishes the Texas Department of Housing and Community Affairs and various housing programs. … is immune from civil liability under Chapter 84, Civil Practice and Remedies Code.”

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1948

"During the year 1927 the Board of Trustees of the Texarkana Independent School District, through legal and appropriate ac- tion, established ths Texarkana Junior Col- … consolidated with other districts under the procedure therein set out that the new district thereby created shall have all the rights, privileges and powers granted to junior college districts of this State, Clearly