Case law

Opinion No.

Texas Attorney General Reports · Jun 29, 2004

The petition must clearly state the issue. . . ." Act of May 6, 1977, 65th Leg., R.S., ch. 194, § 251.08, 1977 Tex. Gen. Laws 391 , 547 (emphasis added). … 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

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Campbell: At the request of the board of directors of the Brazes River Authority, established in 1929 by special law, see Acts 1929, 41st Leg., 2d C.S., Special Laws, ch. 13, at 22, you pose three … The Brazes River Authority cannot directly or indirectly deposit its funds in depositories that have not qualified according to law, but in order to qualify as an official

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1958

It is our opinion that a person eligible to sign the application of an independent candidate but incapable of signing his name by reason of physical disability clearly may aut‘norizesomeone else to sign his name for him … Clearly a notary could not administer his mown oath as a signer of the application, but the fact that he was a signer would not prevent his administering the oath to other signers.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2009

trust, by a trustor of the trust who qualifies for the exemption. … Comfort, convenience, solitude, and shelter are clearly purposes for which a home is stated to be used within the meaning of a homestead under Texas law." Id. at 566.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

The district may either establish an appraisal office administered by a 'chief appraiser' appointed by the board of directors, or it may contract with a taxing unit in … voters equal to at least 10 percent of the number of qualified voters, according to the most recent official list of qualified voters, residing in the appraisal district, if the petition

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

YOU wish to know whether his service for the first fire department qualifies him for examination and promotion in the second department. … This exception from the two years' service requirement clearly delineates the general rule: the qualifying service must be completed in the department wherein the fireman seeks promotion. See City of Houston v.

Opinion No.

Texas Attorney General Reports · Aug 31, 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.

Opinion No.

Texas Attorney General Reports · Dec 28, 2009

, by a trustor of the trust who qualifies for the exemption. … Comfort, convenience, solitude, and shelter are clearly purposes for which a home is stated to be used within the meaning of a homestead under Texas law." Id. at 566 .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1995

Neither is federal law useful in establishing such a date. A brief submitted to us by Ms. … Qualifying veterans are exempt from all other fees and charges.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1962

The language providing that it must be established"that none not active have interest In partnershipprincipallyto have written and be compensatedtherefor for insuranceon property controlled through ownership, mortgage or … Had the Legislature intended to authorize inactive part- ners and exempt them from either the licensing or,examination requirements,it ia only logical that It would have done so clearly and explScit3.y as in the case of the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1997

There.are clearly a number of nongovernmental entities,such as utility,railroad,or tramway companies, that have condemnation authority. See generally 32 TEX. … The court held that assessment of the rollback tax against the RTC was barred based on sovereign immunity. Id. at 798, 805 (construing 12 USC. § 1441=(g)).

Opinion No.

Texas Attorney General Reports · Feb 21, 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.

Opinion No.

Texas Attorney General Reports · Dec 8, 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 office; (2) be experienced in the law, regulations, … 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 “state agency” is broadly defined to mean “a board, office, commission, department, institution, court, or other agency in any branch of state government,” id. 5 3(c), and clearly includes the System, an agency or … Section 83, in turn, establishes an income recognition rule for transfers of property. See id. 5 83 (1994).

Opinion No.

Texas Attorney General Reports · Feb 23, 1984

You wish to know whether his service for the first fire department qualifies him for examination and promotion in the second department. … This exception from the two years' service requirement clearly delineates the general rule: the qualifying service must be completed in the department wherein the fireman seeks promotion. See City of Houston v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1964

Such a system is clearly unconstitutional on many ground~s, and has no relation to the Texas system. … The Texas State Board of Plumbing Examiners operates under a legislative mandate to license a sufficient number of qualified plumbers, whereas the former Illinois system had as its primary effect the strict limitation of

Opinion No.

Texas Attorney General Reports · Jul 14, 1987

The Property Tax Code, however, clearly confines the selection and tenure of the `chief appraiser' to the discretion of the appraisal district board of directors. [Citation omitted]. … voters equal to at least 10 percent of the number of qualified voters, according to the most recent official list of qualified voters, residing in the appraisal district, if the petition is authorized by Section (a) of this

Opinion No.

Texas Attorney General Reports · Nov 8, 1993

Section 830.004 clearly delegates to the governing bodies of particular 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. 3 Therefore

Opinion No.

Texas Attorney General Reports · Sep 24, 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 the … 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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1967

The county commlssioners~ court of all counties, and the municipal authorities of all cities, bordering on the coast of the Gulf of Mexico shall have the power and are authorized from time to time to establish … Section l-a of Article VIII of the Texas Constitution and Section 2 of Article 7048a, clearly provide,in identical words, that the tax authorized by their provisions shall be 'I* . . in addition t$ all other ad valorem taxes