Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1952

line school district formed by the consolidation of two or more school districts situated 'in two or more counties after the'~effectivedate of this Act may be dissolved by the~~procedure hereinafter established … App. 1937, error dism.j, the court conitrues the quoted phrase as follows: The power to dissolve the con- solidaied district and thereby re-establish the formerly existing component districts

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

You ask if a peace officer is “entitled to qualified immunity when he is outside the jurisdiction of the state/nation.” Request Letter, supra note 1, at 2 (question 6). … To establish qualified immunity, an officer must show that the disputed incident occurred while he was (1) performing discretionary duties, (2) in good faith, and (3) was acting within the scope of his authority.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2003

-Houston [ 14th Dist.] 1992, writ denied) (court- appointed healthcare professionals evaluating child’s best interest in connection with parents’ divorce qualified as “agency designated by the court to be responsible for … Our answers to your first four questions are based on statutes that establish a duty to report child sexual abuse and the judicial decisions interpreting them.

Opinion No.

Texas Attorney General Reports · Oct 11, 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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1980

Center, include a geriatric hospital, a retirement village, and a hotel, 8ectlon ll.18 of the Property Tax Code, which became effective Jsnuary l, 1380, establishes … Based on the facts supplied us, the Baptist Memorials Geriatric Center is clearly not a charitable organization within the restricted meaning of section lL18.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1971

Section 8 of the article reads, in part, as follows: "The Board shall have the authority and power to make and enforce all rules and regu- lations necessary for the performance of its duties, to establish … The Legislature in pro- viding subsections (a) and (b) of Section 12 clearly wrote in the disjunctive. Subsection (b) applies only if the applicant does not qualify under (a).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2015

We are guided by the principle that "[a] county has no power or duties except those which are clearly set forth and defined by the Constitution and the State statutes." Harrison Cnty. v. … V § 1-a(2) (establishing the Commission).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1958

After the cre’ationand establishment of said Conservation and Reclamation District, bonds were voted and Issued by the district as provided by statute. … We perceive no reason for giving this word this special meaning, when its true meaning is clearly apparent from Its own context.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Eligibility for the position is established by statute: (b) To be appointed as an officer a person must: (1) be qualified by education and training for the duties of the … Nor does any other law clearly spell out a mandatory duty to appoint with sufficient certainty that nothing is left to discretion.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

The term “wholly” clearly refers to property that is used only for pollution control, such as an add-on device. … This broad formulation clearly embraces more than just add-on devices.

Opinion No.

Texas Attorney General Reports · Dec 31, 1986

Would a person who registers to vote in Texas establish a residence so as to establish jurisdiction for the purposes of the application of our family and marital laws? … 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.

Opinion No.

Texas Attorney General Reports · Jan 11, 1994

An entity which supervises but does not ultimately control public business or policy still qualifies as a "governmental body." Attorney General Opinion H-438 (1974). … Subsection (c)(3) provides that the plan of operation must "establish regular places and times for meetings, including telephone conference calls, of the board of directors."

Opinion No.

Texas Attorney General Reports · Dec 31, 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 determining whether property owners are eligible for charitable tax exemptions.'

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2017

Those sections also establish methods for providing notice to prohibit a license holder from carrying a handgun onto the property. … Thus, a church and its volunteers would therefore qualify as persons for purposes of this section. Id. § 1702.002(16).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1976

Our ability to answer this question is limited somewhat by the'importance of the local city charter in establishing the existence or absence of such authority for a municipality, and by the inevitable ambiguity of an opinion … CETA is clearly not a part of the system of public education.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

You ask: I., Mny individual schools require a student to meet any standard other than demonstrating sufficient financial need in order to qualify for a ,acholarship … p. 2307  The Honorable Senfronia Thompson page 3 (H-512) While the language of section 54.051(m) clearly states that the scholarship fund created by that section

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1993

Section 830.004 clearly delegates to the governing bodies of pattiadar institutions the authority to structure an optional retirement program for its faculty members. … We see no reason to revisit that opinion and we rely upon it here for the proposition that article 6228a-5 does not apply to an optional retirement program established pursuant to chapter 830 of the Government Code.’

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1970

Under Section 1, Chapter 208, page 287, Acts of the 49th Legislature, Regular Session, 1945, Article 2688 was further amended by providing that once a county established the office of county … Edgar, page 7 (M-733) Article 17.47 is clearly not intended to facilitate abolishment of the office of county superintendent.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1940

Upon establishment or a school dlstriot on any military reservatlzn a8 hereto- fore pFOVlb6d, the Stats 3qerlntsndent or Pub- lie Inotruatlon shall apgolnt a boar4 of three trustees for each district 80 … Sal4 trua- t88e shall hold OCfiO8 for two yoar8, and W&i1 their euocaesors ar8 appointed and qualified.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

However, the jurisdiction of the fire marshal has been clearly established in sections 2. 3, and 8. Section 7 must be read in conjunction with the entire statute. … Although this language appears to establish county immunity from municipal ordinances, the precedential value of this statement is doubtful.