Case law

Untitled Texas Attorney General Opinion: KP-0486

Texas Attorney General Reports · Mar 5, 2025

In 2023, the Legislature passed Senate Bill 22, which established grant programs to provide financial assistance to qualified sheriff’s offices, constable’s offices, and prosecutor’s offices in rural counties. … Refaey, 459 S.W.3d 590, 593 (Tex. 2015) (“We give undefined words their common, ordinary meaning unless the statute clearly indicates a different result.” (quoting Jaster v.

(2004)

89 Op. Att'y Gen. 172 · Maryland Attorney General Reports · Nov 3, 2004

Maryland law provides for the establishment of several special funds to carry out the State Unemployment Insurance Law. … The SAEF law clearly contemplates that the Fund may be used for such costs in its capacity as a revolving fund pending federal reimbursement.

Opinion No.

Arkansas Attorney General Reports · Jun 29, 1998

It is well-established that the acts of de facto officers are valid. Chronister v. State, 55 Ark. App. 93 , 931 S.W.2d 444 (1996); Ops. Att'y Gen. Nos. 97-257 ; 97-003. … Real property owned by an improvement district would clearly constitute an improvement of the district, or a part thereof, within the meaning of the above-quoted statute.

Ago

Florida Attorney General Reports · Aug 10, 1979

S., and that a beach erosion control line was duly established as required by s. 161.161 . … This section clearly evinces a legislative intent to preserve to the upland owners all of their common-law riparian rights except as provided in s. 161.191 (2), F. S.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Clearly, collection of the sales and use tax is only authorized to the extent necessary to pay project costs. The Honorable Rene 0. … under this section but qualifies under Section 4B of this Act.”

No.

Colorado Attorney General Reports · Nov 16, 1983

Does C.R.S. 1973, 16-16-103 (2) (1978 repl. vol. 8) authorize the establishment of the intensive supervision program? I conclude that no authorization for the intensive supervision program can be found therein. … C.R.S. 1973, 16-16-103 (2) (1978 repl. vol. 8) clearly authorizes the superintendents 1 of correctional facilities, 2 in the exercise of their discretion, with the assistance of the director of adult services to extend an

Opinion No.

Arkansas Attorney General Reports · Jun 19, 2001

(A) Circuit Courts are established as the trial courts of original jurisdiction of all justiciable matters not otherwise assigned pursuant to this Constitution. … To the extent he thereafter files for election for this same circuit judgeship at the next ensuing election, he clearly will be attempting to "succeed himself" as a former "circuit judge."

Opinion No.

Texas Attorney General Reports · Nov 6, 1996

It further held the board's exercise of this authority to be a valid exercise of the police power of the state: The statutes in question and the actions of the Board clearly have a real and substantial relation to the object … Section 3.06(d)(1) of the act affirms that a person licensed to practice medicine shall have the authority to delegate to any qualified and properly trained person or persons acting under the physician's supervision any medical

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1967

The rule of Immunity from taxation by a state, upon the transfer, on the death of the resident owner, of 'propertyhav- ing an actual physical location or sltus In another state, does not apply to such a statute … Calvcrt, page 6 (M-l5j which we have referred clearly establish.

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2000

Applying these principles, I believe subsection (d), which fails to mention any absolute time frame within which previous offenses must have occurred in order to warrant a penalty enhancement, must be read as qualified by … In short, then, I believe subsection (d) establishes only the fact of retroactive effect, whereas subsection (b) establishes the term of that effect. There is consequently no inconsistency between the two on this score.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

Laws 1132 (the “Enabling Act”), authorizing the creation and establishment of the District with boundaries coextensive with Garza County, subject to voter approval. See id. … Article IX, section 9 provides that the “Legislature may also provide for the dissolution ofhospital districtsprovided that aprocess is afforded by statute for: (1) determining the desire of a majority of the qualified

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

An individual’s status as an alien does not preclude him or her from being a state or county resident under state statutes establishing public benefit programs. See Tex. Att’y Gen. Op. Nos. … PRWORA provides that an alien is ineligible for any state or local public benefit if the alien is not: (1) a qualified alien (as defined in section 1641 of this title), (

Opinion No.

Texas Attorney General Reports · Jun 28, 2002

Clearly, House Bill 957 was intended to address the status of reserve law enforcement officers, such as reserve deputy constables, and was not intended to affect the status of constables. … Similarly, the concealed-handgun law establishes special application requirements for concealed-handgun licenses for active peace officers: "A person who is licensed as a peace officer under Chapter 415 [now Occupations Code

(2010)

95 Op. Att'y Gen. 138 · Maryland Attorney General Reports · Aug 17, 2010

The Board feels that physical therapists, especially those with manual therapy skills, are qualified to perform dry needling." Letter of Charles M. … In answering such a question we first look to whether the General Assembly has clearly resolved the issue.

Opinion No.

Texas Attorney General Reports · Jul 29, 2008

It has been suggested, however, that the directors of the LNVA might themselves qualify as "employees" for purposes of section 49.069(c). Request Letter, supra note 1, at 2. … That statute, which is applicable to all "political subdivisions," is clearly broader than section 49.069 (c) of the Water Code.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 9, 1989

In this regard, the superintendent may, with the approval of the board employ qualified personnel for the coordination of courses of study, guidance services, health services, school library services, special education … PERB's construction of a statutory provision falling squarely within its legislatively designated field of expertise is to be regarded with deference by a court, and will generally be followed unless clearly erroneous.

Maryland Attorney General Opinion 95 OAG 138

Maryland Attorney General Reports · Aug 17, 2010

The Board feels that physical therapists, especially those with manual therapy skills, are qualified to perform dry needling.” Letter of Charles M. … In answering such a question we first look to whether the General Assembly has clearly resolved the issue.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

The DPS is authorized to “license or contract with qualified persons ‘Letter from Honorable Mark White, Governor of Texas, to Colonel James B. … Thus, the DPS clearly believes that it is authorized by chapter 662 of the Transportation Code to regulate courses of instruction in the operation of off-road dirt bikes because it regards a dirt bike as a “motorcycle” for

Opinion Number

Louisiana Attorney General Reports · Aug 11, 1997

All rules shall be adopted in accordance with the Administrative Procedure Act. 1 The rules shall include but shall not be limited to: (1) Rules to establish permissible and prohibited uses of plates. (2) Rules establishing … For the purposes of this Chapter, the commissioner or his aides and assistants, shall be qualified to take the acknowledgments herein required, for which no charge shall be made.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1966

The third element, the payment of consideration by the parti- cipants for the right to partlcipete, also clearly appears 8s a part of the referral Selling pkin agreement. … If Ch8IICeDredOmln8teS over Skill or .iUdnmed and uermeates the whole plan, a lottery is established: Sherwood & Roberts- Yakima, Inc. v. Clyde 0.