Case law

Opinion No.

Texas Attorney General Reports · Aug 12, 2011

Clearly, the Legislature knows how to prohibit such dual service, but has not done so in the situation you present. See Tex. Att'y Gen. Op. No. GA-0779 (2010) at 3 (citing FM Props. Operating Co. v. … It is well established that both positions must be public offices in order for "conflicting loyalties" incompatibility to be applicable. Tex. Att'y Gen. Op. Nos. GA-0350 (2005), GA-0169 (2004), JM-1266 (1990); Tex.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

By its plain terms, however, section 692.015 establishes a rule of construction only for Health and Safety Code chapter 692, the Texas Anatomical Gift Act. See id. The Honorable David K. … Section 693.002(a) of the Health and Safety Code governs this issue and it is clearly intended to facilitate timely organ removal for transplantation. See TEX.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

Whenever any such proposition shall rece1ve.a majority of the votes of the qualified property taxpayers voting at such election, said commissioners court shall establish and maintain such hospital and shall … The statutes of Texas have clearly defined the powers, prescribed the duties, and imposed the liabilities of the commissioners court, the ~medium through.

Tax on Foreign Corporations

8 Pa. D. & C.3d 282 · Pennsylvania Office of the Attorney General · Jun 21, 1978

Therefore, if a taxpayer that meets one of the two conditions precedent is not allowed to use the three factor formula, clearly a taxpayer that meets neither of the tests would not qualify to use said three factor formula … The statute clearly provides that taxable value shall be determined by employing the relevant apportionment factors.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

The relevant provisions of article IX, section 9, set forth the following: The Legislature may by law provide for the creation, establishment, maintenance … and definitely established, when the act is passed.

Ago

Florida Attorney General Reports · Mar 3, 1977

Burns, 198 So.2d 1 , 4 (Fla. 1967), the Florida Supreme Court stated that there `must be some clearly identified and concrete public purpose as the primary objective and a reasonable expectation that such purpose will be … part thereof or discontinue any public park, public square, street, avenue, highway, or any other way which has heretofore been or shall hereafter be laid out, either by cities or persons, natural or artificial, fixed or established

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1965

Article 1, Section 19, says: "No citizen of this State shall be de- prived of life, liberty, property, privilege8 or immunities, or in any manner disfranchised, except by the due course … Regardless of whether the opinion request is submitted by the County Attorney, District Attorney, Criminal District Attorney or County Auditor, it must clearly

Opinion Number

Louisiana Attorney General Reports · Apr 4, 2008

Allen , 382 So.2d 924 (La. 1980), found that the Constitution (Art. 10, §§ 16-20) clearly establishes a system of classified fire and police civil service in all towns of a certain size and in all parishes and fire protection … Allen , 382 So.2d 924 (La. 1980), found that the Constitution (Art. 10, §§ 16-20) clearly establishes a system of classified fire and police civil service in all towns of a certain size and in all parishes and fire protection

Opinion No. Oag 19-80, (1980)

69 Op. Att'y Gen. 72 · Wisconsin Attorney General Reports · Apr 1, 1980

Since the alleged crime had occurred in 1909 when the reservation still clearly existed, the court concluded it had jurisdiction. In United States v. Anderson , 225 F. 825 (E.D. … regulation of protected hunting and fishing by Tribe members. 18 U.S.C. sec. 1162 (b) provides: "Nothing in this section shall . . . deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 20, 1996

The Act provides minimum standards "designed to accommodate the federal statute in order to qualify for federal aid." (Dean W. Knight & Sons, Inc. v. State of California ex rel. … For purposes of our analysis, we will assume that the sign does not qualify as a temporary political sign because it is not aimed at inducing a particular vote in a scheduled election.

Opinion Number

Louisiana Attorney General Reports · Feb 18, 2000

In interpreting the above provision, we have consistently held that in order to qualify for an exemption under § 21(B)(1)(a), the property must meet all four requirements set forth therein, to wit: 1. … Further, an exemption, constituting an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), writ denied.

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2000

fact, CCEC's executive committee exercises no final decision-making authority, instead serving only to make recommendations that the CCEC board may and sometimes does reject, I believe the CCEC's executive committee may qualify … Cities and counties clearly can enter into contracts that are supported by valid consideration. See Ops. Att'y Gen. No. 98-025 and 97-250; A.C.A. § 14-54-101 (2); City of Ft. Smith v.

Opinion Number

Louisiana Attorney General Reports · Dec 8, 2005

To qualify under the exception of Cooperative Endeavoss, an undertaking must be found to be "for a public purpose". Dear Mr. … In regard to establishing a cooperative endeavor this office made the following observation: Care should be taken to insure that the cooperative endeavor agreement clearly reflects (1) the reciprocal rights and duties of

Untitled California Attorney General Opinion

California Attorney General Reports · May 14, 1986

The purpose of the addition of subdivision (b) to section 3084 was clearly expressed in the Legislative Counsel's Digest with respect to Assembly Bill 2107, 1981 Legislature. … mechanic's lien, although section 3154, subdivision (b)(4), of the Civil Code refers to the possibility of such a release.3 or whether for some other reasons which this author may never know, it remains the established

Ago

Florida Attorney General Reports · Mar 20, 1979

For purposes of this opinion, I assume that a municipal corporation in this state is eligible and qualifies under applicable federal laws and regulations to contract with the federal agencies and authorities for the establishment … This `public purpose doctrine' has come to mean that there `must be some clearly identified and concrete public purpose as the primary objective' and `[t]here must be some control retained by the public authority.'

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

All public agencies shall, in the purchase of commo- dities by competitive bidding, accept the lowest qualified bid from a firm resident in Arkansas, provided that said bid does not … Clearly, section 14-293 discriminates solely on the basis of residence and is the type of provision which article 6Olg, V.T.C.S., was --. intended to reciprocate.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1946

I. section 2-a. of the Conctitution of Texas, 2nd VJho iS othor- :lise e qualified voter, qualified to vote even thoug-h-he has not Raid a poll tax snd has not obtained … FOVJ my 3uoh a person establish his ri&.t to vote '?-ot nay an eleotion judge require of him? Under the above .

Opinion No.

Texas Attorney General Reports · Feb 18, 1988

The relevant provisions of article IX, section 9, set forth the following: The Legislature may by law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties … The rights, duties, privileges, or obligations granted or imposed must be definitely fixed and determined, or the rules by which they are to be fixed and determined must be clearly and definitely established, when the act

Opinion No. (1984)

Missouri Attorney General Reports · Aug 15, 1984

In our view, Sections 577.020 to 577.041 are not intended to alter or diminish the authority of law enforcement personnel to withdraw blood from a motorist under arrest who does not consent to the chemical test established … (4) In the absence of such a refusal so long as a hospital or its employee is taking a blood sample pursuant to the request of a law enforcement officer who has arrested the defendant, the hospital and its employees are immune

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2007

that the Alcoholic Beverage Code "shall exclusively govern the regulation of alcoholic beverages in this state"); Dallas Merchant S & Concessionaire S Ass 'n, 852 S.W.2d at 491-92 (stating that the Alcoholic Beverage Code "clearly … of a motion for a preliminary injunction, that Oklahoma's statutory residence restriction did not violate the constitutional prohibition against double jeopardy, substantive due-process principles, or the Privileges and Immunities