Case law

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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

“A person who does not qualify for an exemption on January 1 of any year may not receive the exemption that year.” Id. This language clearly does not contemplate a post facto alteration of tax exemption qualifications. … “[Tlaxes due are clearly an obligation to a taxing entity that cannot be forgiven under article III, section 55.” Corpus Christi People’s Baptist Church, Inc. v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1983

(5) engaging in floodplain management and adopting enforcing permanent land use and .control.~ __ _ measures consistent with the criteria established … [the predecessor of section 16.3151 clearly is not an unconditional grant of authority for political subdivisions to enact land use regulations

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1958

into a bargaining agreement requiring periodical payments by the employers to the fund for the purpose of providing and maintaining certain welfare benefits for duly qualified … Any interpretation that would permit such an arrangement would clearly nullify the legislative re- quirement of Article 3.50 that the policy of group life insurance must cover at least ten

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1941

and more adequate notice would have been given in the tttle that not only were the original boundaries being fixed and defined but that provision was also being made for a change in those boundaries after their original establishment … (Underscoring ours) The above quoted statute clearly provides how territory may be annexed to the Texarkana Independent School District.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

GOV’T CODE ANN. 0 ~SlO.OOl(a)(l) (V emon Supp. 2004) (Establishment of Public Retirement System). … You state that this suggestion “was clearly not the intent of the legislation but may be a consequence.” Id.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

Section 85.30 provides as follows: (a) Donations ofproperty may be made and accepted by the board for the purpose of establishing or assisting in the establishment … Taken together, these provisions clearly recognize the authority of a state institution of higher education to act as a trustee and to hold property in trust.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

Express authoriza- tion by the resolution establishing the commitlee or by the rules of procedure of the House establishing the committee is a prerequisite to the exercise of subpoena … (mentalpatient doused another with lighter fluid and .ignited, not within Tort Claims Act waiver of immunity).

Opinion No.

Texas Attorney General Reports · Aug 31, 1979

This is to be distinguished from language which qualifies or directs the use of appropriated funds or which is merely incidental to an appropriation. Language of the latter sort is clearly not subject to veto. . . . . … Instead, the language directs and qualifies the use of funds appropriated elsewhere.

Opinion No.

Texas Attorney General Reports · Dec 30, 1983

Article 1581e-1, V.T.C.S., was enacted in 1969 to enable coastal counties to qualify for participation in the National Flood Insurance Program. … [the predecessor of section 16.315] clearly is not an unconditional grant of authority for political subdivisions to enact land use regulations not otherwise sanctioned by law.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 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 … Counties of over 110,800 population must, and counties with smaller Ropulations may, establish county bail bond boards. Id 0 5(a).

Opinion No.

Texas Attorney General Reports · Jan 27, 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 · Jul 8, 1987

In Attorney General Opinion JM-340 (1985), it was noted that prior opinions had established that an entity will be covered by the Open Meetings Act if it is a "governmental body" which holds "meetings" as those terms are … Flack be, and he is hereby, appointed as County Auditor of Harris County, Texas for a term beginning January 1, 1987 and ending December 31, 1988, and until his successor is appointed and shall have qualified.

Opinion No.

Texas Attorney General Reports · Jul 21, 1977

Provided, however, should there be no duly qualified justice precinct court in the precinct where such offense was committed, then the defendant shall be tried in the justice precinct next adjacent which may have a duly qualified … Furthermore, the penalty provision of article 45.22 clearly indicates that its requirements are mandatory rather than directory.

Opinion No.

Texas Attorney General Reports · Mar 12, 2004

Section 85.30 provides as follows: (a) Donations of property may be made and accepted by the board for the purpose of establishing or assisting in the establishment of a professorship, chair, or scholarship in the university … Taken together, these provisions clearly recognize the authority of a state institution of higher education to act as a trustee and to hold property in trust.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

It is our opinion that the Board of Pharmacy does not have authority to require an applicant for licensing to pass an oral communications skill examination in order to qualify for a license. It is well establish#! … Under section 21(g), the board shall establish stand,ardsfor internship or any other program necessary to qualify an applicant for the licensing examination and shall determine the necessary qualifications for any preceptors

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1996

In order to be entitled to due process under section 19, a person must first establish that a statute afl’ects a vested right. … It is well established, however, that a property owner has no vested interest in the continued application of a municipal land use ordinance.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Jay Kimbrough - Page 2 (X-0114) (4) establish and enforce standards governing the safety and conduct of each person licensed, registered, or commissioned under this … “[Tlhe construction of a statute by an agency charged with its execution is entitled to serious consideration unless the agency’s construction is clearly inconsistent with the Legislature’s intent.”

Opinion No.

Texas Attorney General Reports · Nov 4, 1981

In 1962, the Texas Legislature created the Jefferson County Drainage District No. 7, a special district established pursuant to article XVI , section 59 of the Texas Constitution. Acts 1962, 57th Leg., ch. 34, at 98. … 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.