Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 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 … A county's liability for the acts of its agents must be established by reference to the common law and to statute. The doctrine of sovereign immunity bars suits against counties for the 4.

Opinion No.

Texas Attorney General Reports · Jul 30, 1982

Section 3.06(d)(5) reads in part: (d) This Act shall be so construed that: . . . . (5)(A) A duly licensed and qualified optometrist may administer topical ocular pharmaceutical agents in the practice of optometry as provided … No fact is named in the law or in the proclamation which he may establish and urge as a matter of right as exempting him from the penalty.

Opinion No.

Texas Attorney General Reports · Dec 7, 1992

Reading the section as a whole, however, section 52-a clearly envisions that a county, municipality, or other political subdivision may issue bonds to pay for its economic development program. … Second, a majority of the duly qualified property tax-paying voters voting at an election held to consider the bond issue must have approved the issuance.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

The legislature has clearly indicated its intent that the use of such pharmaceutical agents be regulated when administered by optometrists in connection with the practice of optometry. … A requirement that a licensure decision% based on "sound medical judgment" might establish a sufficient statutory standard to avoid invalidity.

Opinion No.

Texas Attorney General Reports · Jul 21, 1993

McCulloch establishes clearly the proposition that states may not impose a tax directly on the federal government, and more generally may not impose "taxes the legal incidence of which falls on the Federal government." … However, the modern trend in intergovernmental tax immunity law, which began with the Stone Court and has continued to the present day, is to find far fewer kinds of transactions immune on constitutional grounds from taxation

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

No reason could be as- signed why a commercial college that was existing in 1929 should be immune from a law which required those established after said date to execute a bond requiring the contracts made with their students … Since the Article gives to those who were engaged in the business of operating a commercial college at the time the law was passed privileges and immunities that are not given to those who establish

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Thus, as you suggest, vehicles that have been issued a permit from the Department under section 623.011 “have been immune from further permit requirements of individual counties.” Request Letter, supra note 1, at 1. … a permit to a qualifying applicant.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2010

V, Sec. 3, expressly renders the Governor immune from the operation of the writ of mandamus. Pierson v. State, 177 S.W.2d 975, 978 (Tex. Crim. App. 1944). … SThe following statutes establish judicial districts composed of Denton County: TEx.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

Another indication of Legislative Intent is that _ it would ^. be clearly . … Gordon Lloyd, page 6 (M-515) the facts of his employment, other provisions of the Act, and established administrative procedure.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1940

1940, wherein you submit for the opinion of this Department the two following questj~~ons and factual statement, which we quote: "We have been asked by several qualified … The Secretary of War, in effect, says, in these reg- ulations, to the soldiers, that while they are not required to establish post exchanges, yet, if they do establish them, that they should have for

Opinion No.

Texas Attorney General Reports · Nov 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 101] may sue the governmental unit for" certain damages.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1989

Cobb: You ask three questions relating to the Denton County Emergency Communication District [the *'districtql]which was established under article 1432e, V.T.C.S. [the llactl']. … Also, the common law on immunity of public officials might provide immunity additional to that provided for in section 4(b) of article 1432f.

Opinion No.

Texas Attorney General Reports · Jun 24, 2002

Thus, as you suggest, vehicles that have been issued a permit from the Department under section 623.011 "have been immune from further permit requirements of individual counties." Request Letter, supra note 1, at 1. … a permit to a qualifying applicant.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

Clearly, the designation employed, be it commission, bureaui department, etc., will not always be, of controlling legal significance. … Clearly the Director of the Division of Parole Supervision por.resrer no rule-making or adjudicatory powers.

Opinion No.

Texas Attorney General Reports · Jun 5, 1989

Cobb: You ask three questions relating to the Denton County Emergency Communication District [the "district"] which was established under article 1432e, V.T.C.S. [the "act"]. … Also, the common law on immunity of public officials might provide immunity additional to that provided for in section 4(b) of article 1432f.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2003

However, the Tort Claims Act does not waive sovereign immunity for school districts “[elxcept as to motor vehicles.” Id. 9 10 1.05 1. … students and their families through a school-based health center and provides a grant program for qualifying centers.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

authority created for a county and the commissioners thereof, with- in the area of operation of such housing authority as hereinafter defined, shall have the same func- tions, rights, powers, duties; immunities … body' as used in the Housing Authorities Law shall be construed as meaning 'Commissioners Court', and the term 'city' as used thereinshall be construed as meaning 'county' unless a different meaning clearly

Opinion No.

Texas Attorney General Reports · Aug 4, 1980

Section 7(b)(2) of article 4447u, V.T.C.S., establishes another group of applicants for a Class B license-home health agencies which have provided services as of the effective date of the statute. … Article 4447u, V.T.C.S., clearly vests in the Department of Health authority to determine whether a particular applicant is entitled to a Class A or Class B license. The Commission need not make this determination.

Opinion No.

Texas Attorney General Reports · Jun 21, 1979

The definitions of `disability' provided in the statutes establishing these two programs differ slightly. Compare 42 U.S.C. § 423 (d)(1) with 42 U.S.C. § 1382c (a)(3)(A), (B). … The disabled taxpayer need not receive benefits under the federal act in order to qualify for the homestead tax exemption. Very truly yours, Mark White Attorney General of Texas John W. Fainter, Jr.

Opinion No.

Texas Attorney General Reports · Mar 22, 2010

V, Sec. 3, expressly renders the Governor immune from the operation of the writ of mandamus. Pier son v. State , 177 S.W.2d 975 , 978 (Tex. Crim. App. 1944). … While article V, section 28 provides a time period in which the Governor may fill the vacancy, no constitutional or statutory provision establishes a deadline for the Governor to act.