Case law

Opinion No.

Texas Attorney General Reports · Apr 26, 2004

Clearly, the chapter 145 background-check requirement relates to motor carriers' services and imposes state obligations and policies on motor carriers. See id. ; Mastercraft Interiors , 284 F. Supp.2d at 286 . … Trans World Airlines, Inc. , 160 F.3d 1259 , 1266 (9th Cir. 1998) (concluding that 49 U.S.C. § 41713 did not preempt state tort claims for personal injuries because Congress "did not intend to immunize the airlines from liability

Opinion No.

Arkansas Attorney General Reports · Feb 4, 2004

If you mean to establish a state property tax that is subject to change, you should say so. … If you intend to qualify legislative discretion by giving continued effect to the general education article of the current constitution, you should say so. 22.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1962

Therefore the lntereit in the tract of land owned by the District qualifies for exemption from ad valorem taxes as being "public property" as required by Art. … The City of Galveston, supra, is conclusive in establishing the further principle that such an undivided interest may be "used!'

Opinion No.

Texas Attorney General Reports · Jul 18, 2000

Hodge , 635 S.W.2d 10 , 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 … 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

Opinion No.

Texas Attorney General Reports · Jul 28, 2011

The term "dedicatory instrument" is defined as "each governing instrument covering the establishment, maintenance, and operation of a residential subdivision . . ., including] 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

Opinion No.

Texas Attorney General Reports · Nov 5, 1984

Article XI , section 5 of the Texas Constitution granted broad powers of self-government to cities qualifying for "home rule." … Section 26.023 is the only relevant provision of the Water Code clearly intended to be preemptive.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 2, 1987

To "know" the existence of a fact is "to have perception, cognition, or understanding of" or "to recognize the quality of, see clearly the character of, discern." (Webster's, supra, p. 1252; see People v. … Obviously not if the purpose of the inquiry is to determine whether he is qualified to take the witness stand and swear that the instrument is false; but if he passes the bill as genuine he will be uttering

Untitled Texas Attorney General Opinion: KP-0466

Texas Attorney General Reports · May 28, 2024

Noting the strict legal requirements related to conflicts of interest, you state that “[i]f every qualified, otherwise eligible entity with any tie to a Council member would lose the ability to remediate opioid harms because … No. 298 (1996) (“The scope of this term has not been clearly defined under either the constitutional provision or the Government Code section.”); but see Off. of Pub. Util. Couns. v. Pub. Util.

Untitled California Attorney General Opinion

California Attorney General Reports · May 16, 1986

The electorate have a right to expect that he will serve unless he voluntarily resigns from office or is removed from office under clearly established procedures for removal (e.g., recall by the electorate … Redhail (1978) 434 U.S. 374 firmly establishing a constitutional right to marriage.)

Opinion No.

Arkansas Attorney General Reports · Aug 29, 2002

That being said, it is true that a number of documents in the possession of the Governor will qualify for the A.C.A. § 25-19-105 (b)(7) exemption. … Such a result would be clearly contrary to the FOIA. Whether this has occurred in a given instance, however, will depend upon all the attendant facts.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 4, 2019

Code, § 19999.2 (establishing state deferred compensation plan to satisfy 26 U.S.C. § 3212(b)(7)(F) for state employees who are not members of CalPERS). 13 See, e.g., Wat. … Not all water-district enabling statutes expressly authorize the provision of retirement contributions for “directors”; some authorize retirement contributions for “officers and employees,” without clearly identifying directors

Maryland Attorney General Opinion 107oag153

Maryland Attorney General Reports · Dec 1, 2022

Licensed medical cannabis dispensaries may not be penalized for distributing “medical cannabis, products containing medical cannabis, related supplies, or educational materials for use by a qualifying patient, a caregiver … It is clearly not a “search” under the Fourth Amendment for officers to use their own noses to smell cannabis emanating from a car, because a person has no reasonable expectation of privacy in odors that waft into a public

Opinion No. (1985)

Nebraska Attorney General Reports · Jul 30, 1985

Contrary to the Oklahoma court's conclusion, federal Indian law appears to establish that tribal laws regulating activities within Indian country will generally prevail over conflicting state regulatory statutes. … Clearly the subject of state regulation of bingo operations in Indian country is an evolving and volatile area of law.

Opinion No.

Texas Attorney General Reports · Jun 28, 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 … 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 California Attorney General Opinion

California Attorney General Reports · Jun 7, 1995

The Legislature has further found that "[t]he best hope of stemming the spread of the AIDS virus among the general public is the development of an AIDS vaccine to develop an immunity to exposure." (' 199.45, subd. … Heath, supra, 207 Cal.App.3d at 901, where the Pena court's confusion of the defenses of duress and necessity was found to be "clearly incorrect," and in People v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1990

shall not authorize the issuance of any bonds or provide for any in- debtedness against any reclamation district unless such proposition shall first be submitted to the qualified … As the term is used in those subchapters, a bond is clearly distinguishable from P. 6724 Honorable John Whitmire - Page 9 (JM-1259) a revenue note.

Opinion No.

Texas Attorney General Reports · Dec 30, 2004

Analysis 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.

Opinion No. Oag 19-78, (1978)

67 Op. Att'y Gen. 85 · Wisconsin Attorney General Reports · Mar 17, 1978

The applicability of Substitute Amendment 3 is established by the definition of lobbying in sec. 3. … The required itemization of expenditures for public information directly violates this immunity.

Ago

Washington Attorney General Reports · Feb 6, 1996

The employer portion of such benefits, paid from the public treasury as a direct economic benefit to the superior court judge for the performance of his or her duties, would qualify as "salary" under supreme court decisions … The court explained that superior courts clearly perform state functions, such as adjudicating claims between citizens of the state and between the state and its citizens.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1995

Senate Bill 60 also clearly provides that a license holder is not petmitted 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 cdminal trespass statute.