Case law

Opinion No.

Texas Attorney General Reports · Dec 23, 1985

by clearly established law. . . ." 457 U.S. at 818 . … The Texas courts have adhered to the long-established Texas common law test for qualified official immunity and have not adopted or been influenced by recent developments in the federal common law test.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1985

by clearly established law. . . ." 457 U.S. at 818. … The Texas courts have adhered to the long--established Texas common law test for qualified official immunity and have not adopted or been influenced by recent developments in the :Eederalcommon law test.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

“Even if a prosecutor fails to show absolute immunity for a given activity, he may still show qualified immunity.” Id. … “Generally speaking, qualified immunity protects government officials performing discretionary functions Tom civil liability under federal law unless their conduct violates a ‘clearly established [federal] statutory or constitutional

Opinion No.

Texas Attorney General Reports · Sep 5, 1980

The statute at issue, article 4413(29aa), establishes the Commission on Law Enforcement Officer Standards and Education, describes its duties, and empowers it, among other things, to certify persons as being qualified to … Appointed sheriffs are also immune from prosecution under that provision for having accepted appointment as sheriff. Attorney General Opinion MW-111 (1979).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1980

certify persons as being qualified to be peace officers. … Thus, section 6(e) of article 4413(29aa) reaches deputy sheriffs, who are to be prosecuted if they accept positions for which they have not qualified under the statute.

Opinion No.

Texas Attorney General Reports · Sep 29, 1992

To qualify for these federal grants, state governments were required to develop plans meeting certain federal standards to monitor the provision of health and social services for older persons. Id. § 3027. … The Older Americans Act required participating states in these plans to establish a state long-term care ombudsman program. Id. § 3027(a)(12).

Opinion No.

Texas Attorney General Reports · Jan 24, 2000

"Even if a prosecutor fails to show absolute immunity for a given activity, he may still show qualified immunity." Id . … "Generally speaking, qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a `clearly established [federal] statutory or constitutional

Opinion No.

Texas Attorney General Reports · Mar 16, 1993

The act requires that states participating in plans to monitor the provision of health and social services for the elderly establish a state long term care ombudsman program. 42 U.S.C. § 3021 et seq. … Code § 101.053 — .054; 40 T.A.C. §§ 299.1, 299.5, 299.9. 2 Furthermore, the office of the ombudsman is required to ensure that each ombudsman investigating complaints receives proper training and becomes approved as qualified

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

3,3@24.To qualify for these federal grants, state governments were r+ quid to develop plans meeting certain federal standards to monitor the provision of health and social services for older persons. Id 0 3027. … The Older Americans Act required participating states in these plans to establish a state longterm care ombudsman program. Id. 0 3@27(a)(12).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

established constitutional rights that [their] action cannot reasonably … Members of the Board of the Texas School for the Blind have a qualified

Opinion No.

Texas Attorney General Reports · Dec 10, 2004

Rodriguez: You ask whether the Border Health Institute created under Texas Education Code chapter 151 "generally qualifies as a state agency, and whether it: (1) is entitled to sovereign immunity; (2) must comply with the … On the other hand, under the jurisdictional test of Guaranty Petroleum and Lohec , the BHI clearly fails to qualify as a state agency within the executive branch of state government.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

While proof of intent is not required to establish liability for actual damages in a defamation action, see yornbv v . Hunter 385 S.W.2d 473 (Tex. Civ. … Immunity and Liability Act of 1987, Civ. Prac. & Rem.

Opinion No.

Texas Attorney General Reports · Sep 2, 1988

The Act clearly protects nonprofit (whether or not tax-exempt) entities organized and operated for educational purposes as "charitable organizations." Civ.Prac. Rem. Code § 84.003(1)(A) and (B). … While proof of intent is not required to establish liability for actual damages in a defamation action, see Hornby v. Hunter, 385 S.W.2d 473 (Tex.Civ.App.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2013

(holding that the establishment of general policy is a legislative function). … or employee of the state, a peace officer, or a qualified handgun instructor liable for damages caused by: (1) an action authorized under this subchapter or a failure to

Opinion No.

Texas Attorney General Reports · Nov 27, 1991

MacLean: You have requested an opinion regarding whether the Texas Department of Health (the "department") may release a copy of a death certificate that lists acquired immune deficiency syndrome ("AIDS") or human immunodeficiency … While some potential "properly qualified applicants," such as the deceased's spouse, are persons to whom AIDS test results may be disclosed under the CDPCA, most potential "properly qualified applicants" are not.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

On the other hand, under the jurisdictional test of Guaranty Petroleum and Lohec, the BHI clearly fails to qualify as a state agency within the executive branch of state government. … While the entitlement to sovereign immunity ofboth state and local governmental entities is well established in Texas law, no judicial decision has considered its applicability to hybrid entities such as the BHI.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

for state law claims and qualified immunity for any federal claims.” … The Honorable Florence Shapiro - Page 3 (X-0289) of qualified immunity, “Qualified immunity cloaks a police officer from personal liability for discretionary acts which do not violate well-established

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2016

. § 37.003 (requiring a court to establish and maintain lists). . … App. 2015) (noting that "[t]he burden rests upon the individual who challenges a statute to establish its unconstitutionality").

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1991

MacLean: You have requested an opinion regarding whether the Texas Department of Health (the “department”) may release a copy of a death certificate that lists acquired immune deficiency syndrome (“AIDS … While some potential “properly qualified applicants,” such as the deceased’s spouse, are persons to whom AIDS test results may be disclosed under the CDPCA, most potential “properly qualified applicants” are not.

Opinion No.

Texas Attorney General Reports · Oct 3, 2000

for state law claims and qualified immunity for any federal claims." … do not violate well-established law."