Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

“Health care” means “prevention, maintenance, rehabilitation, pharmaceutical, and chiropractic services provided by qualified persons other than medical care.” … This authority clearly depends on the Department’s receipt of a request for intervention. See id.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 20, 1993

To withstand an Establishment Clause challenge, the statute must have a clearly secular legislative purpose, its principal or primary effect must neither advance nor inhibit religion, and the statute must not foster excessive … Under Article XVI, section 5, the fact that a statute has some identifiable secular objective will not immunize it from further analysis to ascertain whether it also has the direct, immediate, and substantial affect of advancing

Opinion Number

Louisiana Attorney General Reports · Feb 24, 2006

Alcus Lands Partnership Trust, 577 So.2d 1094 , 1097 (La.App. 1 Cir. 1991) (stating that, "[t]he paper title relied upon by one seeking to establish a ten year prescription must sufficiently describe the property so as to … Additionally, our reading of the law clearly shows that there is only one approach for DOTD when handling matters related to the return of expropriated property: Follow the procedural requirements of La. R.S. 48:221 .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

In Attorney General Opinion H-196 (1974), this office held a law establishing the office of jail administrator in Bexar County to be unconstitutional. … With respect to the third issue, that in light of article 1817, providing housing for the courts of appeals in Houston is clearly a "county function" of Harris County.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 10, 1986

Even when sufficient reliance has been established, estoppel will not operate to defeat the effective operation of a policy adopted to protect the public. (Strong v. … It cannot be invoked where the grant of express powers clearly excludes the exercise of others, or where the claimed power is incompatible with, or outside the scope of, the express powers.

Maryland Attorney General Opinion 99OAG003

Maryland Attorney General Reports · Jan 28, 2014

Md. 2012) (sheriff, when acting as director of local detention center, is a State official immune from liability under the Family Medical Leave Act). … To establish a violation of this duty, the prisoner must establish that prison officials were “deliberately indifferent” to a substantial risk of serious harm to the inmate’s safety. Id. at 834.

Ago

Florida Attorney General Reports · Jun 7, 1985

Pursuant to s 327.46 , F.S., the Department of Natural Resources has the authority to establish by rule restricted areas on the waters of the state for any purpose deemed necessary for the safety of the public, including … Navigable Waters s 61a, wherein it is stated that riparian or littoral rights of owners of lands are derived from the common law as modified by statute and are property rights "of a qualified or restricted nature of which

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

Hodge, 635 S.W.2d lo,12 (MO. 1982) (Federal “provision clearly allows the states to distribute the forest reserve funds in any manner as long as the specified purposes of the statute are met, namely, to benefit public schools … First, it establishes that all school districts of the county are eligible for allocation of the federal revenues: The statute directs a county that receives the funds to allocate fifty percent “to the school districts of

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2011

The term "dedicatory instrument" is defined as "each governing instrument covering the establishment, maintenance, and operation of a residential subdivision ... , includ[ing] a declaration or similar instrument subjecting … Texas courts have upheld the right of property associations to change fee assessments after a restriction is originally recorded when the method for changing the fee is clearly outlined in the deed restriction or documents

Maryland Attorney General Opinion 98 OAG 003

Maryland Attorney General Reports · Mar 1, 2013

Combs Servs., 526 S.E.2d 34, 41 (W.Va. 1999) (stating that the “Legislature’s desire to protect purchasers of pre[-]need funeral contracts from unscrupulous purveyors thereof is further evidenced by its establishment of the … While a non- guaranteed price may still plausibly qualify as the “purchase price,” it cannot, by definition, disclose the total price of an agreed-upon service or merchandise; it discloses only a portion thereof, with the

Opinion No.

Texas Attorney General Reports · Sep 2, 1998

Clearly, neither the trial court nor the Texas Supreme Court construed article 17.11 to authorize a sheriff to require a surety to post collateral. … Moore informs us that Johnson County has a population of less than 110,000 and that it has not exercised the option to establish a bail bond board.

Opinion No.

Texas Attorney General Reports · Jan 10, 2006

A person may not practice architecture as defined in section 1051.001(7)(A)-(C) without registering with the TBAE or otherwise qualifying for an exception. … The opinion clearly established that section 16 of the former statute did not prevent an engineer from preparing plans and specifications for a building when it constitutes the practice of engineering.

Opinion No.

Texas Attorney General Reports · Nov 7, 2005

Statutes should also be construed in harmony with other statutes unless a contrary intention is clearly manifest. … House Bill 383 amends section 151.001 of the Texas Family Code, which establishes parents' rights and duties. See Tex. Fam. Code Ann. § 151.001 (a)-(d) (Vernon Supp. 2004-05).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2010

V, § 23 ("There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by … The section does not expressly state what constitutes a "vote or decision," although the procedure required--disclosure and abstention--clearly applies to the vote or decision of a governing body. See, e.g., Tex.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

Analvsis You explain that it has been the practice in your county “for certain individuals to qualify as bondsmen by demonstrating the sufficiency of their security in the form of an affidavit.” … This statute, in requiring that a bail bond be signed by name or mark by the surety, who must also write his mailing address on the bond, clearly indicates that the surety must sign or mark the bond personally. See id.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Thus, it clearly contemplates that a body taken to a funeral establishment may be embalmed either on the premises of the funeral establishment or off- site at the premises of a commercial embalming establishment. … And, if the Commission is unable to employ qualified investigators, it may contract with outside investigators.’

Opinion No.

Texas Attorney General Reports · May 17, 1999

Laws 2277 , 2285. 2 Prior to 1993, qualified persons could be granted social worker certification without examination. See Act of June 1, 1981, 67th Leg., R.S., ch. 776, § 1, 1981 Tex. Gen. … of applicants for licenses under this chapter."); Sunset Commission Recommendations to 68th Legislature (1982) at 19 (noting that the "state generally should only regulate a profession when the unregulated practice can clearly

Opinion No.

Texas Attorney General Reports · Oct 7, 1993

Clearly, if the legislature wanted to write section 6.412(a) to apply to a situation in which the appraisal review board member was personally involved, as well as a situation in which the member was related to an individual … We do not believe that, absent the constitutional prohibition, a judge would be qualified to sit in a case in which the judge had represented or was representing one of the parties as counsel. But see Taylor v.

Ago

Washington Attorney General Reports · Jul 5, 2000

The assets of the account may be spent, without appropriation, to make payments to institutions of higher education on behalf of the qualified beneficiaries, or for refunds, transfers, and other lawful transactions involving … This standard is met if "argument and research establish that there is no reasonable doubt the statute violates the Constitution". Id. (citations omitted) (emphasis in the original).

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 2, 2021

Act, 5 which exempts them from many laws governing traditional school districts. 6 Our Supreme Court has explained that the Charter Schools Act “is intended to allow ‘teachers, parents, pupils, and community members to establish … We do not doubt that there may be some circumstances in which a charter school’s executive director will qualify as a public officer.