Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

The rights, duties, privileges, or obligations granted or imposed must be definitely fixed or determined, or the rules by which they are to be fixed and determined must be clearly and definitely established, when the … Section 26.09 clearly sets forth sufficient standards ?

Opinion No.

Texas Attorney General Reports · Apr 27, 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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

The constitution now allows the legislature by general law to permit a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization to … We construe section 3(g) in accordance with its plain language, which we think in this case clearly indicates the intent of the legislature. See St. Luke’s Episcopal Hosp. v. Agbor, 952 S.W.2d 503, 505 (Tex. 1997).

Opinion No.

Texas Attorney General Reports · Mar 14, 1986

It is well established that an administrative agency has only those powers expressly granted to it by statute or necessarily implied from the statutory authority conferred or duties imposed. See City of Sherman v. … Under section 21(g), the board shall establish standards for internship or any other program necessary to qualify an applicant for the licensing examination and shall determine the necessary qualifications for any preceptors

Opinion No.

Texas Attorney General Reports · Dec 7, 1987

Campbell: At the request of the board of directors of the Brazos 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 questions about the power … The rules shall clearly specify the scope of authority of officers and employees of the agency or subdivision that are designated to invest the local funds. . . . . Sec. 6.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1960

It was granting these "state entities" the authority and the right to establish them for the benefit of the school districts and thelr school systems. … Although the statute clearly states that If the territory encompasses more than one county, the petition shall be presented to each county board, we feel that this Is unnecessary in the situation here.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1952

These 30 namea’to qualify for the final giving away of the trip some 12-weeks after the beginning of the program. … The elements "prize" and "chance" are clearly present in the plan described In your requ&st.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1951

The State Board of Trustees of the Teacher Retirement System of Texas was created by the Legisla- ture to administer the Retirement System established under Article 2922-1, V.C.S., pursuant to Section 48a, Article III, Constitution … Clearly, membership in the Retirement Sys- tem is a prescribed qualification as to ellgiblllty for nomination and appointment for the trustee of- fices covered by subsection (2)(d) of Section 5.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

at least twenty (20) days previous to the day said taxpayers are required to meet him for the purpose of paying their taxes, stating In said notice the times and places the same are required to be paid ***I’ This statute clearly … authorizes the establishment of “substations” upon the conditions stated.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

The language used by the Legislature in Article 165-4a clearly manifests an intention to provide broad and in- clusive power to the Committee in promulgating establishing and effecting the purposes for which the Comttee … Such action on the part of the Committee is clearly within the leg- islative authorization and is not in conflict with tht Lzgis- lature's intent and policies.

Opinion No.

Texas Attorney General Reports · Nov 27, 1991

Your request letter states that you have concluded that "to be eligible and qualified to write a bail bond for a case pending in a court in Tarrant County, the person acting as bondsman must be licensed by a Bail Bond Board … Counties of over 110,000 population must, and counties with smaller populations may, establish county bail bond boards. Id. section 5(a).

Opinion No.

Texas Attorney General Reports · Aug 14, 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.

Opinion No.

Texas Attorney General Reports · Nov 20, 1987

Because it would not be focused upon collecting the debt but would be deemed to be an establishment of the existing claim. … We think that the legislative intent behind this hastily-drafted and ambiguous statute is most clearly reflected in Representative Morales' statements.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

shall establish a Court of Civil Appeals in each of said districts, which shall consist of a Chief Justice and two Associate Justices, . . . … "A statute will be construed so that it will harmonize with other existing law, unless its rovisions clearly manifest a contrary intention.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

The first two elements-the distribution of one or more prizes by chance-are clearly present in the sweepstakes game here. … The Charitable Raffle Enabling Act authorizes qualified organizations-qualified religious societies, qualified volunteer fire departments, qualified volunteer emergency medical service organizations, or qualified nonprofit

Opinion No.

Texas Attorney General Reports · Nov 6, 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 . § 3(c), and clearly includes the System, an agency … Section 83, in turn, establishes an income recognition rule for transfers of property. See id . § 83 (1994).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1955

It is equally well established that where the Constitution authorizes the levy of a special tax by the qualified prop- erty taxpaying voters, such tax is not levied by the school district or munlclpallty but by the delegated … Section 2 of the Act provides that the school district "may issue bonds and may levy ad valorem taxes . . .", clearly showing that the Act is prospective in operation only.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

Suite 160 Drainage District No. 7, a special district established pursuant to El Paso. TX. 79905 article XVI, section 59 of the Texas Constitution. … The legislature is clearly empowered to determine that the requisite number of signatures on a petition to call an election be less than a majority.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1978

The latter statute authorizes every incorporated city with a regularly organized active fire department to establish a firemen’s retirement fund. … Clearly, fire protection constitutes a “public purpose.”

Opinion No.

Texas Attorney General Reports · May 11, 1999

The constitution now allows the legislature by general law to permit a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization to … Jude is an organization qualified under the Act to conduct raffles. Rather, we answer your questions in order to guide those organizations who are qualified to do so.