Case law

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

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1976

Whatley - page 2 W-796) the training program are qualified instructors approved by the board. … Section 20(a) clearly permits the Board to establish training programs for individuals employed by a security services contractor.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

Department lawfully pay for medical ser- vice in connection with physical examinations given to pros- pective employees for the benefit of the Department 80 that it may determine whether they are physically qualified … for services rendered to the city, or if it be fir a publio purpose, then clearly it le a valid exercise of the legislative power.”

Opinion No.

Texas Attorney General Reports · Aug 17, 1979

A `foundation' in this context is 3b. an organization or institution established by endowment . . . or otherwise established with a provision for future maintenance. . . . … Although it is not clearly embraced within the foundation.'

Opinion No.

Texas Attorney General Reports · Aug 13, 1984

The question is whether their establishments are industrial plants. The answer to that question is self-evident. … The law can do no better than to define an industrial plant as that type of establishment which the ordinary man thinks of as such.

Opinion No.

Texas Attorney General Reports · Jan 27, 1988

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

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

The Part B rules applicable to Part C information establish a number of procedures and protections. … Although Texas courts recognize some common-law privacy torts,2 the Council, as a state agency, is immune from suit except to the extent the state has waived its immunity. As a 2See Indus.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

If It is clearly stated in the bond election proposition submitted to the voters and WI Broadway. St&lie 312 ,,bbOCk. … section 52(b) of the Texas Constitution authorizeF the establishment of road districts.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

Prior to this amendment military personnel were subject to the same requirements for establishing domicile in Texas for fee purposes as other persons. … The word- ing of Section l(h) in no way limits its application to the employing institution alone; rather it clearly extends benefits which may 'be exercised in all State institutions of higher learn- ing .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

Other sections of the Act establish certain criteria by which the State Suparlntendent shall be guided in the exercise of his discretion in making ellot- memts or the approprietion. … The feet thet a dis- trict comes within the purview of Section 7 does not grant it immun- ity frcm the remaining provisions of the Act.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1963

found to have performed negligent work or left premises in an unsafe condition and such action or negligence Is found to be a proximate cause of Injury, he must never- theless be held Immune … In deter- mining whether a condition is 'inherently dangerous' under circumstances like those before us in this case; the question 'of fore- seeability of resulting harm Is clearly in- volved

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

curiam, 471 U.S. 82, 105 S.Ct. 1859, 85 L.Ed.2d 62 (1985) (denial of state income tax deduction to nonresidents but allowlng deduction by state residents violates privileges and immunities … Clearly, the will of a deceased person who was registered to vote in Texas may be admitted to probate in this state if the person was domiciled in Texas at the time of his death.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

The requisite number of qualified voters’ actual signatures changed if the petition was for a local option election that was related to the legalization of the sale of mixed beverages only in an establishment that held a … Thepetition must clearly state the issue . . . .” Act of May 6, 1977, 65th Leg., R.S., ch. 194, 9 25 1.08, 1977 Tex. Gen. Laws 391, 547 (emphasis added).

Opinion No.

Texas Attorney General Reports · Dec 29, 1980

Section 11.18 of the Property Tax Code, which became effective January 1, 1980, establishes new criteria for determining whether property owners are eligible for charitable tax exemptions. … it also qualified under the statutory definition of such institutions for tax exemption purposes.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

Under the facts given us, clearly, the subject property is not exempt under any of the provisions of section 11.20 exempting property belonging to a religious organization. … As we noted in Attorney General Opinion MW-288 (1980), section 11.18 “establishes new criteria for deter-raining whether property owners are eligible for charitable

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

The question is whether their establish- ments are industrisl plants. The answer to that question is self-evident. … general office building could in theory qualify 5,san industrial plant. 345 S.W.Zd 507.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1970

The fact that many school districts can have no assurance at the beginning of the school year as to the number of professional positions for which they will qualify during that year creates an emergency … Thus, clearly H.B.~ 21,authorizes the option to realize relief from unit losses that are occasioned when ADA is computed 'without regard to race, creed or color.'

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1965

According to the Legislative history a8 set out in Volume 1, page 582, Vernon’s Texas Constitution, the above quoted section of the Consti- tution was clearly designed to prevent the appointment of Legislators … or whether he ever qualifies.

Opinion No.

Texas Attorney General Reports · Jun 9, 1992

Clearly, it is impossible for the commission to comply with both state and federal law. … IX, § 9.8. 12 Section 12202 of the ADA provides in part that a state "shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction

Opinion No.

Texas Attorney General Reports · Feb 22, 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."