Case law

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.'

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

Article 6243b, section lOA(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; It has … SUMMARY Neither division of the firemen, policemen, and fire operators fund established pursuant to p. 1842 . - Honorable George N.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1971

Clearly the legislature intended that a renewal license issued following such application would be effective at the expiration of the applicant's current license. … It is clearly the intention of the 62nd Legislature that the total cost to the applicant should be only $28.00.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

Prior to its amendment in 1927, Article 2746, Re- vised Civil Statutes, 1925, provided that the common school district trustees "shall appoint three persons qualified voters of the district who shall hold" the regular trustee … While Article 2746, as amended, does not expressly authorize the local board of school trustees to establish voting boxes in the district and make designation of voting precincts therein, it clearly contemplates that in many

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1989

Birdwell: You inquire about the personal liability of board members of the Texas Agricultural Finance Authority, a public authority within the Department of Agriculture established … Administrative officers who perform discretionarv functions have only a qualified immunity from suit f&z personal liability. Barlow v. Fitzaerald 457 U.S. 800 (1982); see aenerally Civ. Prac. & Rem.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

Clearly, if the signing is but a ministerial act, the rule of judicial immunity would not apply. -5734- Hon. Cecil M. … To qualify for a driver's license under the age of eighteen, he must not only have completed an approved driver training course (Sub- section (a) of Section 7), but must also have the consent of his parent or guardian.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

protection personnel in per- manent positions or in temporary or probationary status; land1 (3) certify persons as being qualified … Section 2 clearly authorizes the commission to establish minimum certification requirements only “for admission to employment as fire protection personnel” You Indicate that persons

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Johnson Building Re: Whether “the Great State Challenge” qualifies P.O. … Section 6.094 establishes the Breeders’ Cup Developmental Account as an account in the general revenue fund, administered by the Texas Racing Commission. See id.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

Clearly, a requirement that - the defendant obtain employment is no less restrictive of a person's liberty than the requirement of rendering community service. … underlying judicial immunity.

Opinion No.

Texas Attorney General Reports · May 9, 1988

Clearly, a requirement that the defendant obtain employment is no less restrictive of a person's liberty than the requirement of rendering community service. … McAlester factors will often plainly indicate that immunity is available, there are situations in which immunity must be afforded even though one or more of the McAlester factors fails to obtain.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2015

While sovereign immunity protects the state from lawsuits for money 5 See Campus Carry Policy Working Group Final Report, supra note 3, at 21 (establishing restrictions for gun safes used by license … The Honorable Brian Birdwell - Page 4 (KP-0051) damages, "suits to require state officials to comply with statutory or constitutional provisions are not prohibited by sovereign immunity."

Opinion No.

Texas Attorney General Reports · Jul 15, 1987

Legislation in derogation of the doctrine of sovereign immunity should be strictly construed, and legislative intent to waive the doctrine should be clear, and applied only to cases clearly within the legislature's intent … Sovereign immunity clearly is an absolute bar to liability in the case of all common law intentional torts.

Opinion No.

Texas Attorney General Reports · Sep 1, 1989

Administrative officers who perform discretionary functions have only a qualified immunity from suit for personal liability. Harlow v. Fitzgerald, 457 U.S. 800 (1982); see generally Civ.Prac. Rem. … We assume that the board is interested in increasing its protection from liability only in the areas where it is not immune, that is, its liability to the public, if any, which is not covered by the immunity provisions, and

Opinion No.

Texas Attorney General Reports · Apr 1, 1981

Section (5) of Rule .004 permits the administration of immunization vaccines providing the recipient is free of any condition for which the immunization is contraindicated. … We believe a qualified non-physician may administer immunizations even though his supervising doctor has not made individual determinations as to each person's need for the vaccine.

Opinion No.

Texas Attorney General Reports · Aug 9, 1983

We believe the legislature clearly intends to encourage judicial retirement at not later than age 70 by increasing by ten percent the annuity of a judge who retires before age 71. … eligibility specified in section 44.101(a), title 110B, we believe the plain language of the statutory law codified as section 44.102(b), title 110B, requires that person to retire before becoming 71 years old in order to qualify

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1983

We believe the legislature clearly intends to encourage judicial retirement at not later than age 70 by increasing by ten percent the annuity … the plain language of the statutory law codified as section 44.102(b), title 1lOB. requires that person to retire before becoming 71 years old in order to qualify

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1940

The situation outlined by you above, Is clearly within the letter of Article 1632 of the Penal Code and Article 7426 of the Revised Civil Statutes. … Banister, page 3 O-2874 to qualify under that act so as to receive immunity from the civil anti-trust laws.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

Article 16. section 67(a)(4) provides that general laws establishing retire- ment systems shall remain in effect subject to the general powers of the legislature. … Thus, article 6228a, section 4H, remains effective unless it clearly violates a provision of the Constitution.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2014

Wolfe: You ask about the Texas Historical Commission's (the "Commission") implementation of House Bill 500, enacted by the Eighty-third Legislature. 1 You tell us that the bill, "which establishes a tax credit for … (Tex. 2009) (discussing ultra vires exception to sovereign immunity in a declaratory judgment action).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

The terms “sovereign immunity” and “governmental immunity” denote two different concepts: Sovereign immunity refers to the State’s immunity from suit and liability. … Section 101.025 clearly and unambiguously waives immunity “to the extent of liability created by this chapter,” and “[a] person having a claim under [chapter 1011 may sue the governmental unit for” certain damages.