Case law

Opinion No.

Texas Attorney General Reports · Jul 6, 1999

State law establishes various types of facilities to provide differing degrees of care depending upon residents' particular residential and health-care concerns. … A special-care facility established under chapter 248 of the same code may provide "a continuum of nursing or medical care or services" to terminally ill patients.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1977

Article 4.12, Code of Criminal Procedure, establishes justice court venue generally. … Fur- thermore, the penalty provision of article 45.22 clearly in- dicates that its requirements are mandatory rather than di- rectory.

Opinion No.

Texas Attorney General Reports · Apr 21, 2005

The Tax Code also establishes several appraisal methods for determining market value. … The legislature is clearly authorized to adopt laws governing overlapping appraisal districts' authority with respect to such property. See id. § 18(b), (d).

No.

Colorado Attorney General Reports · Mar 8, 1996

The narrative class critiques present different considerations, however, and more clearly implicate privacy interests. … However, the court clearly held that only records which truly implicate privacy interests are properly part of the personnel file. Id.

Ago

Florida Attorney General Reports · Aug 14, 1986

Thus, ss. 125.01 (1)(q) and (r), supra, clearly authorize counties to establish municipal service taxing units or benefit districts within which may be provided municipal services and to levy, without voter approval, additional … Accordingly, it does not appear that a district created pursuant to county ordinance which provides for the inclusion of incorporated as well as unincorporated lands would qualify as a municipal service taxing unit which,

Opinion Number

Louisiana Attorney General Reports · Jul 5, 1975

The Court held that where there was nothing in the record from which the Court could establish that money paid by a public body to an association was for services, such payments would amount to a prohibited grant or donation … Such a loan or donation would be doing indirectly with state funds what is clearly prohibited directly. It is axiomatic that such indirect loans or donations are prohibited if direct loans or donations are prohibited.

Opinion No.

Texas Attorney General Reports · Mar 9, 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 de facto 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 compensation.

(1973)

62 Op. Att'y Gen. 69 · Wisconsin Attorney General Reports · Mar 29, 1973

Giessel (1952), 262 Wis. 51 , 53 N.W.2d 726 , that might suggest a contrary conclusion, the cases are clearly distinguishable. … It, therefore, appears that vested rights of those sustaining injury which qualifies under sec. 102.59 , Stats., prior to the effective date of ch. 148, Laws of 1971, are adequately protected by the requirement of subsection

No.

Colorado Attorney General Reports · Jun 17, 2003

The outer boundary to the Regents' authority under a statute enacted by the General Assembly was established in a third case, Colorado Civil Rights Comm'n ex rel. Ramos v. … The Court also finds it significant that, unlike in the case of the Open Records Act, the Commission's jurisdiction is not qualified by reference to other laws. Id. at p. 733-734.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1947

Article 654 of the Penal Code provides: "S any person shell establish a lottery or disposeof.eny estate, reel or'personal, by lottery, he shall be fined not less than one hundred nor more than one thousand … However, the elements of considerationand chance are not so clearly present, and It Is necessary to determine whether or not these elements are contained in the plan before us.

Ago

Washington Attorney General Reports · Feb 1, 2010

Young Men's Christian Ass'n of Seattle , 101 Wash. 487 , 493 , 172 P. 554 (1918) (considering whether an institution was a benevolent and charitable institution entitled to immunity from tort liability). … In 1993, the legislature established the Commission on Ethics in Government and Campaign Practices and directed it to study and make recommendations regarding, among other issues, ethics in government.

Opinion No.

Texas Attorney General Reports · Sep 23, 1996

Title 8, subtitle C establishes the Teacher Retirement System of Texas, see Gov't Code § 821.003 ; see also Tex. Const. art. … and in-car instruction), .312 (establishing requirements for teacher certification in driver education).

Opinion No. (2002)

Nebraska Attorney General Reports · Feb 1, 2002

Thus, the Court clearly held that the method and means of providing free instruction is up to the Legislature. … high school course at the Hebron school included several subjects which were not embraced in nor required by the high school manual, and hence it was not required that such subjects be taught in the high school in order to qualify

(1971)

60 Op. Att'y Gen. 327 · Wisconsin Attorney General Reports · Sep 2, 1971

The statute clearly places a limitation on the size of the various county boards which fall within its provisions by establishing four different population groupings, each entitled to a different "maximum number of county … Therefore, as pointed out previously, it is felt that the statute and its legislative history so clearly evidence an intent to establish only maximums for each classification of counties that a court would have difficulty

Opinion No.

Texas Attorney General Reports · Apr 21, 1987

As this office declared in Attorney General Opinion MW-288 (1980): In our opinion, the definition of `charitable functions' in section 11.18(c)(1) clearly serves not to enlarge the meaning of `purely public charity,' but … poverty or riches of the recipient," such institution would not qualify.

Opinion No.

Arkansas Attorney General Reports · Mar 1, 2007

In rendering this opinion, I am not ignoring the established rule of statutory construction that language in a statute will not be given a construction that renders it mere surplusage. See, e.g., Stephens v. … Simply put, I believe that if the legislature had intended to impose an additional annual 24-hour training requirement, it would have stated so clearly, expressly using the term "additional" or its equivalent.

(1972)

61 Op. Att'y Gen. 313 · Wisconsin Attorney General Reports · Jul 13, 1972

The validity of any county power must be considered in light of the well-established rule expressed in Spaulding v. … *Page 315 In other words, if the relief applicant qualifies, as a matter of fact, as a "dependent" under sec. 49.01 (4) Stats., and there are no questions as to legal settlement, the welfare agency must provide him with some

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1965

collector, sheriff, county clerk and district clerk of the county, each in person or re- presented by one of his deputies, shall meet at the county courthouse and select from the list of qualified … Rather, this opinion is directed solely to those provisions of the statute which are clearly unconstitutional in the applica- tion of population brackets.

Opinion No.

Texas Attorney General Reports · Nov 1, 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. Muench v. … We note, however, that the 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, 1983

The bill establishes a "telecommunications device El Paso. … In our opinion, such a program clearly contravenes article III, section 51, and article XVI, section 6, of the Texas Constitution.