Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

installation of the Governor in 1963, Upon the exoiratian of these initial terms, the term of each member shall be six (6) years from the time of his appointment and suali- fication. and until his successor shall qualify … Subdivision A of Article 581-2, Vernon's Civil Statutes contains provisions which carry out the intent of this constitutional provision and clearly express the intent that the appointment to fill the expiring term shall be

Opinion Number

Louisiana Attorney General Reports · Apr 8, 2009

In so holding, we note that the parish or municipality should establish objective eligibility requirements to ensure that the activity truly serves only the needy. … On the other hand, the Town would not be prohibited from adjusting a water bill that is clearly incorrect, such as in the case of a misread meter.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

The Motley County Judge, on the other hand, asserts that these facts are in dispute, that the question of when the person appointed county attorney “established her residence has not been settled,” and that there are “many … A defacto officer is entitled to compensation for services rendered, and accordingly the Motley County Attorney, whether qualified or not at the time of her appointment, is entitled to such

Opinion No.

Texas Attorney General Reports · May 5, 1983

A deaf, hearing impaired, or speech impaired person who desires to participate in the program is required to apply to the Texas Commission for the Deaf, which is empowered to issue eligibility certificates to qualified individuals … In our opinion, such a program clearly contravenes article III, section 51, and article XVI , section 6 , of the Texas Constitution. In view of this determination, we need not address your other questions.

Opinion No.

Texas Attorney General Reports · Mar 6, 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

Opinion No.

Texas Attorney General Reports · Jun 3, 2002

Section 108.010(f) gives the Council broad discretion to determine how it will assess provider quality data, stating, "The methodology adopted by the council for measuring quality shall include case-mix qualifiers, severity … Clearly, the Council may use provider quality data collected under section 108.010. But section 108.010, unlike 108.011(c), does not limit the Council to preparing reports using particular data.

Attorney General Opinion No.

Kansas Attorney General Reports · Jul 14, 1999

Many injured workers who qualify for benefits under workers' compensation may not be protected by the ADA. … This provision also permits periodic physicals to determine fitness for duty or other medical monitoring if such physicals or monitoring are required by medical standards or requirements established by Federal, state, or

Opinion No.

Arkansas Attorney General Reports · Jul 24, 2000

First, you fail to specify what sorts of expenditures will qualify as "administrative costs." … This section is further highly confusing in that it fails sufficiently to elaborate its terms or to establish any enforcement mechanism.

Opinion No.

Texas Attorney General Reports · Feb 24, 2006

Section 118.052 establishes a similar fee schedule for certain services rendered by the clerk of a county court. 2 See id. § 118.052. Both sections establish a fee for "Certified Papers." … Though undefined by Texas statute or judicial opinion, clearly the clerk's certificate referred to in sections 118.014 and 118.060 is the same clerk's certificate referenced in sections 118.011 and 118.052.

Opinion No.

Arkansas Attorney General Reports · May 23, 2007

The original language of subsection (b) qualified subsection (a) by stating that: "but no person shall be allowed to tap any such sewer without paying in proportion to the value of his property to be benefited thereby, as … In my opinion, therefore, the monthly "deposit" of $30.56 required of new customers is clearly authorized. Such utility deposits are commonly charged as a means of securing payment of the monthly user charges.

Opinion No.

Arkansas Attorney General Reports · Feb 10, 2006

In concluding that a school district clearly had such capacity, the court offered the following analysis: Plaintiffs rely upon the well-established principle that a corporation possesses only such powers as are granted to … Nevertheless, as I have just noted, legislative clarification on this point is clearly warranted.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1965

This tax is clearly a use tax. … The distinction is that the Immunity from state taxation attaches to the import before sale, while an article in interstate commerce is immune to state regulation or taxa- tion only if it regulates or burdens interstate commerce

Opinion Number

Louisiana Attorney General Reports · Jul 6, 2001

The statute clearly states All Necessary and Unavoidable expenses , be paid by the police jury." … In that case, a lawyer qualified for, and was elected, Coroner for the Parish of St. Landry. He then brought a lawsuit against the St.

Opinion Number

Louisiana Attorney General Reports · May 16, 2003

GASB-14 clearly notes that an interest in the remaining assets of an entity when liquidated is not considered to provide the government entity with access to the entity's resources. j. … We are not qualified, nor do we have sufficient first hand information, to make such a determination.

Opinion No.

Texas Attorney General Reports · Aug 30, 1995

Senate Bill 60 also clearly provides that a license holder is not permitted to carry a concealed handgun in certain places. … Thus, a business owner or operator who does not possess title to the business premises would still generally qualify as an "owner" under the criminal trespass statute.

Attorney General Opinion No.

Kansas Attorney General Reports · Jan 22, 1993

and "no later than 30 days from the submission of the notice as required by subsection (b)(6), the owner or operator must submit an application for reimbursement of corrective action costs in accordance with the criteria established … The general rule of statutory construction is that a statute will operate prospectively unless its language clearly indicates that the legislature intended that it operate retrospectively. Nichols v.

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Florida Attorney General Reports · Dec 9, 2011

These special magistrates may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as special magistrates. … broadly encompassing than the dual office-holding prohibition of the Florida Constitution 25 which does not include employees or officers of special districts within its scope. 26 Section 194.035 (1), Florida Statutes, clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1977

The latter section clearly empowered the legislature to take away the jurisdiction of the county court of any particular county, and to confer it upon the district court of such county … We note, however, thathe judge of the Reeves County Court at Law must qualify under § 54.01(d) of the Family Code in order to pass on juvenile matters.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1952

Where, however, the policyholderor member of the public has 8 clear rSgbt under the Insurance 18~s because of mem- bership in a class In whom the right Is clearly established, such right is within the scope of the Board's … The obligationto Insure employers who have properly qualified Is a sufflclentlysettled question to m8ke a refusal, In our opinion, such a "non-compliance"as to give the Board jurisdlctlonfor action In the premises.

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Florida Attorney General Reports · Dec 29, 1977

Similar restrictions on other public officers and employees may be established by law . (Emphasis supplied.) … II, however, contains no such qualifying phrase. Rather, it contains a clear prohibition.