Case law

Opinion No.

Texas Attorney General Reports · Apr 15, 2004

Section 38.001, on the other hand, establishes immunization requirements necessary to protect students' health. Tex. Educ. Code Ann. § 38.001 (Vernon Supp. 2004). … The TDH's current rule is consistent with section 38.001 by precluding admission to children who do not qualify under the statute's plain language.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

organization entitled to e*joy privileges, exemptions, and llmmunities as an international organization under the International Organizations Immunities … In our opinion, the criteria established by Toll v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

Hardeman, page 3, (~~-568) House Bill No. 179, the subject of this opinion, Is clearly intended as a local and special law pertain- ing only to Tarrant County, as stated in its caption, which reads as follows: … However, such mere recitation cannot establish the nature of an enactment and thereby make the Act valid under Section 9 of Article VIII of the Constitut,on.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

A Texas citizen must have established legal residence In the state at the time of his offer. … Clearly, if the commission is to carry out its statutory mandate to develop and maintain such a system, which must take the statutory preference into account, it must be able to adopt rules to clarify the statutory

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

Section 86.011 of the Local Government Code establishes procedures for appointing deputy constables. … Finally, we note that a deputy constable who is indicted for a felony is not necessarily immune from adverse employment consequences.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

Each license as an authorized dealer in Liquefied Petroleum Gas shall be renewable upon the timely payment or tender of the renewal license fee established and assessed therefor … The corporation has not qualified as a dealer for a liquefied petroleum gas license.

Opinion No.

Texas Attorney General Reports · Aug 31, 1982

You state that the city of El Paso has a Firemen, Policemen and Fire Alarm Operators Pension Fund established pursuant to article 6243b, V.T.C.S. … Article 6243b, section 10A(b)(3) states clearly that the policemen's division of a city's firemen, policemen and firefighters pension fund may not be changed without a uniform change in the firemen's division.

Opinion No.

Texas Attorney General Reports · May 4, 1981

A Texas citizen must have established legal residence in the state at the time of his offer. … The 1957 law, former article 664-2, replaced a prior statute (former article 647, V.T.C.S.) which had favored `bidders who have an established local business.'

Opinion No.

Texas Attorney General Reports · Mar 13, 2006

qualified, ethical, responsible and professional." … Clearly, the legislature knows how to give a regulating or licensing agency the authority to adopt rules establishing or governing an apprenticeship requirement. See Tex. Att'y Gen. Op. Nos.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1968

The purpose for Section (b) is clearly stated in the emergency clause of H.B. … There are no specific requirements that an in-transit operator be a resident of this State or maintain a business establishment in this State to qualify for issuance of drive-a-way in-transit

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2006

qualified, ethical, responsible and professional.” … Clearly, the legislature knows how to give a regulating or licensing agency the authority to adopt rules establishing or governing an apprenticeship requirement. See Tex. Att’y Gen. Op. Nos.

Opinion No.

Texas Attorney General Reports · Mar 20, 1986

The physician had to ascertain that the person providing treatment was adequately qualified to do so. 516 F. Supp. at 976 ; see also Attorney General Opinion H-1295 (1978). … Phillips, 554 S.W.2d 160 (Tex. 1977) (plaintiff must establish that physician has used treatment which a reasonable and prudent physician would not use under similar circumstances).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1962

You have requested an opinion from this office con- cerning the following fact situation: "The Dallas County Employees Retirement System was established January 1 1948, in … Attorney General's Opinion No. v-158 (1947) further states that: "The constitutional amendment . . . clearly indicates that each county shall have the right to provide for and administer a Retirement,

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

“Also; is It neoessary that the office of County Auditor of Pacog- doohes‘County, established under Art. 1646, Vernon’s Annotated Statutes, be re-created eaohtwo years by a request … from the’ Commissioners Cciurt to the Dlstrlot Judge, or, the office having been on6e established in suoh manner, la the power vested in the District Judge to continue such office and

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

Phillips, 554 S.W.2d 160 (Tex. 1977) (r~laintiffmust establish that physician has used treatment which a re&onable and prudent physician would not use @. 2064 Dr. … Ris last question asserts that a physician who reasonably issues a section 3.06(d)(5) delegation is immune from liability for the acts of an optometrist acting within the scope of the delegation.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1949

This fact alone, bowever, is not sufficient to afford Federal immunity frem taxation by the State. … granted by the Act of Congress authorizedby the Federal Constitution, that it is such a direct interfer- ence with the functions of the government itself as to be clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

Section l(e) of the ArticLe defines "private employment agency" as follows: "...any person, place or establishment within this state who for a fee or with- out … Clearly, a corporation as such cannot qualify for an operator's license under the wording of Section l(h), which limits the res- ponsibility to the "individual".

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1960

At intervals of not less than twelve months, ten per cent of the qualified property tax paying voters of a county mav petition such court to Provide for the establishing … I em (Emphasis added) The underlined language of this statute clearly contemplates that the qualified property taxpaying voters of a county may petition the Commissioners* Court I(. . . to provide for the establishing or

Opinion No.

Texas Attorney General Reports · Feb 22, 2005

Gov't Code Ann. § 85.003 (b) (Vernon 1999), but does not establish qualifications a deputy sheriff must meet to be eligible to serve. … Finally, we note that a deputy constable who is indicted for a felony is not necessarily immune from adverse employment consequences.

Opinion No.

Texas Attorney General Reports · Apr 10, 1981

positions or in temporary or probationary status; [and] (3) certify persons as being qualified under the provisions of this Act to be fire protection personnel; See also § 6(c). … Section 2 clearly authorizes the commission to establish minimum certification requirements only `for admission to employment as fire protection personnel.'