What does Article 17 of the Texas Constitution discuss?

CONSTITUTIONAL LAW - TEXAS Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides JC-0483 Ad valorem tax, The Texas Supreme Court has not determined whether the Constitution impliedly prohibits the Legislature from allowing a political subdivision to impose ad valorem taxes absent express constitutional authorization GA-0626 Advanced Placement Incentive Program, terms under which public school teacher may receive payment under section 521.126 of Education Code GA-0204 Advanced Placement Program, a payment to a public school teacher under section 521.126 of the Education Code serves a public purpose GA-0204 Alcoholic beverage sales, preemption of municipal ordinance regulating location of DM-0289 Amend or enact general law, Central Education Agency rider contained in General Appropriations Act for 1991-1992 fiscal biennium attempts to and is therefore invalid under article III, section 35(a) DM-0093 Amended definition of "gambling device" invalidly authorizes operation of certain "lotteries" prohibited by Texas Constitution DM-0466 Anti-bribery statement signed by public officers before taking oath of office, state-level officers must file with secretary of state JC-0575 Any law that voters see fit to approve, Texas Constitution may be amended to create DM-0495 Apportionment requiring election of new senate, legislation changing two senatorial districts constitutes DM-0351 Apportionment requiring election of new senate, whether court-ordered boundary changes in two senatorial districts constitutes LO95-046 Appropriation bill, in order to exceed Comptroller's revenue estimate, must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each house GA-0054 Appropriations act rider authorizing Texas Public Finance Authority to issue revenue bonds to finance construction of state office building in Nueces County, validity of LO93-013 Appropriations act rider prohibiting purchases from companies found guilty of unfair business practice, validity of LO96-079 Arbitration requirement for seed performance disputes does not violate open courts provision DM-0003 Article 4, section 14 of the Texas Constitution, the Governor may veto items of appropriation, which is a designation of funds for a specific purpose KP-0048 Article I, section 16 of the Texas Constitution, metropolitan rapid transit authority may charge a withdrawn city for transportation services provided to persons with disabilities pursuant to sections 451.610 and 451.616 of the Transportation Code, even if city withdrew from authority prior to enactment of sections 451.610 and 451.616 of the Transportation Code, without violating GA-0833 Article I, section 32 of the Texas Constitution, political subdivisions are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to GA-1003 Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose. KP-0007 Article IV, section 26 concerning notaries public GA-1095 Article XI, section 5 - Only Austin's qualified voters may vote in an election to amend the Austin city charter under article 11, section 5. GA-1031 Article XVI, section 40(b)(1) allows public schoolteachers to receive salary for city council service KP-0211 Article XVI, section 40(b)(1) prohibits current public school district employees who are not schoolteachers from receiving salary for city council service KP-0211 Article XVI, section 40(d) prohibits Legislator from also serving as employee of municipal management district KP-0227 Article XVI, section 50 - home equity lending KP-0183 Asylum fund, whether land donated to State Orphans Home must be placed in LO93-046 At will employees, whether employees of Department of Mental Health and Mental Retardation are LO95-063 Available school fund, constitution does not permit school land board to transfer funds from permanent school fund to available school fund GA-0617 Bingo, organizations that may conduct limited to those specified in Texas Constitution DM-0083 Certain boards that are "required by this constitution," legislature is not required to increase or decrease number of board members to comply with article XVI, section 30a GA-0021 Certain boards that are not "required by this constitution," legislature must increase or decrease number of board members to comply with article XVI, section 30a GA-0021 Charitable organization created under Health and Safety Code section 281.0565 as a "political corporation or subdivision" under Texas Constitution article III, section 52(a) GA-1071 Common meaning, we must construe words used consistently with their JC-0346 Concurrent resolution may be evidence of legislative intent but is not state law; article III, section 30 requires that laws be passed by bill DM-0197 Consolidate counties, legislature may not DM-0252 Constitutional challenge, Legislature�s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a GA-0774 Conveyance of public money or thing of value, authority of counties to contractually provide county law enforcement services to a nongovernmental association GA-0553 Conveyance of thing of value, authority of county to purchase and then lease generator to a radio station GA-0583 County business under article V, section 18b, legislature not prohibited from authorizing commissioners court to improve city streets unconnected with county road system if county derives a benefit from improvement so as to constitute JC-0036 County gaming districts, absent a constitutional amendment the legislature may not authorize creation of such districts on a local option basis to administer a state video lottery GA-0358 County labor and equipment, a commissioners court, acting on behalf of the county, may use solely for a public purpose JC-0329 County labor and equipment, an individual county commissioner may not use to open and close graves in a private cemetery JC-0329 County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from GA-0616 County-paid employees may perform private work in county attorney's private practice of law provided county commissioners court has approved the practice prior to the time attorney renders services to county LO93-051 Day care center for children of state employees, no constitutional prohibition on enrollment of nonstate employees' children LO94-036 Delegation of authority, statute authorizing General Land Office to select a tract of state-owned land to place in permanent school fund in exchange for tract to be patented out lacks sufficient standards to be constitutional JM-1242 Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1 GA-0033 Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landowners JC-0402 Department of Health rider that changes trauma care allocation formula is invalid as attempt to amend general law JC-0178 Department on Aging, rider which requires Department to use service standards, procedures, etc., of Department of Human Services contravenes Texas Constitution DM-0116 Disability benefits that a retirement system determines are no longer payable under the terms of the retirement system as those terms existed on the date the retirement system began paying the disability benefits, article XVI, section 66 does not apply to GA-0227 Disability, meaning of for purposes of homestead exemption, article VIII, section 1-b LO95-060 Disincorporation of the City of San Elizario by 1891 special act of legislature does not contravene article III, section 56 or 57 of the Texas Constitution JC-0101 Drug testing policies proposed by municipality and state university DM-0121 Due process, Texas courts traditionally have interpreted state requirement to be coextensive with federal requirements JC-0070 Election of new senate subsequent to federal court order changing district boundaries, whether Texas Constitution requires LO95-046 Elections implementing a tax freeze under article VIII, section 1-b(h), home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to GA-0269 Emergency medical services or First Responder services, article IX, section 9 of Texas Constitution does not exclusively authorize a hospital district to provide JC-0420 Employing local public officials, legislator is not prohibited by article XVI, section 40 from LO98-039 Equal and uniform requirement, if its sales and use tax at different rates in different subregions falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable, Regional Transportation Authority�s sales and use tax levy does not violate GA-0653 Ex post facto prohibitions, Texas Government Code section 51.608 authorizes assessing nonpunitive court costs based on statutes existing on the date of conviction and therefore does not violate ex post facto prohibitions in the United States and Texas Constitutions GA-1034 Exemption on basis of geographical classification from certain real estate license renewal requirements, decision on possible violation of either state or federal equal protection requirement or state constitutional prohibition or local or special law would require factual determinations that cannot be made in attorney general opinion DM-0042 Faculty club at Texas A&M University, allocation of space for is not unconstitutional gratuity provided it serves a public purpose and university receives adequate quid pro quo JM-1146 Firearms, municipal housing authority may not regulate tenants' legal possession of DM-0071 Gaming activities that do not comprise elements of a lottery, authority of the legislature to permit without constitutional amendment JM-1267 Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28 DM-0419 Grant Anticipation Revenue Vehicle ("GARVEE") bonds, whether issuance of requires amendment of Texas Constitution JC-0039 Home-rule city authority, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule c GA-0276 Home-rule city may not adopt an ordinance licensing tobacco product retailers DM-0182 Home-rule municipality, whether pesticide ordinance preempted by state law DM-0221 Home-rule municipality, whether proposed ordinance requiring businesses selling alcoholic beverages for on-premises consumption to have condoms available for sale is preempted by Alcoholic Beverage Code DM-0229 Homestead property, section 62.003 of Property Code which converts a personal property lien against a manufactured home to a purchase money lien on real property does not create a valid lien against JC-0357 Homestead protected from forced sale for payment of delinquent special assessment JC-0386 Homestead rights do not destroy preexisting rights, lien that attached to land prior to homestead claim that runs with the land may be enforced by foreclosure LO97-019 Homestead, a property owner may encumber the property with a covenant running with the land, which, depending on the particular instruments and circumstances involved, may be enforced by foreclosure without violating subsequent purchasers' constitutional GA-0279 Homestead, a public improvement district assessment may be enforced by foreclosure of a homestead provided that the statutory lien created by section 372.018(b) of the Local Government Code predates the date the property became a homestead and the amounts GA-0237 Hospital district's authority to lease hospital building, lease to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose" under article IX, section 9 DM-0066 Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase would DM-0031 Incarceration of persons, authority for is a sovereign power of state LO96-151 Independent contractor working for political subdivision is not "position of profit" within article XVI, section 40(d) KP-0227 Instant runoff voting, home-rule municipality cannot institute because inconsistent with state constitutional and statutory requirements that municipal officers be elected by majority vote and, if no candidate be elected by a majority, that a runoff elect GA-0025 Insufficient title, no law may be held void on basis of JC-0500 Junior college districts, under Education Code chapter 130, junior college districts are "school districts" within the meaning of Texas Constitution article VII, section 3 GA-0984 Justice court jurisdiction of prosecution for (1) offense with nonfine sanction; (2) offense punishable by maximum fine exceeding $500 DM-0320 Justice court lacks jurisdiction to issue tax warrant where amount of delinquent taxes exceeds $5,000 LO96-098 Justice of the peace court original jurisdiction over fine-only misdemeanors under article V, section 19; statutory limitation in Code of Criminal Procedure unconstitutional DM-0277 Legislation challenged under article III, section 30, validity of enrolled bill will not be impeached DM-0263 Legislative resolution does not have force and effect of law LO95-014 Legislature has power to enact any law that is not in violation of state or federal constitutional provisions DM-0495 Limit on power does not prohibit legislature from enacting laws that provide additional limitations on power JC-0009 Local civil service commission may not adopt rules that awards additional points to applicants on the basis of residency within the municipality GA-0586 Local or special law, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute DM-0474 Local or special law, test of whether law is general or special DM-0453 Lottery, operation of slot machines does not constitute for purposes of article III, section 47 DM-0302 Motor-vehicle-registration fees may not be used to fund trauma facilities GA-0023 Municipal retirement systems, limit on increases on earnings to determine compensation for calculation of retirement benefits of vested employees GA-0615 Non-delegation, authority of counties to contractually provide county law enforcement services to a nongovernmental association GA-0553 Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission�s authority to GA-0979 Occupation tax, racetrack admission fee collected by Harris County to distribute to municipalities constitutes because municipalities have no authority to regulate racetrack outside their jurisdiction JC-0001 Open courts provision requires fees charged to litigants to be used only to support judiciary GA-0340 Open courts provision, family protection fee revenues may be used for court-related purposes without contravening GA-0231 Open courts provision, statute that attempts to limit liability of excursion train operators probably violates DM-0403 Optometrists' authority to administer or prescribe drugs or physical treatments, article III, section 51-a does not preclude DM-0152 Outdoor shooting ranges, regulation by reference to standards of National Rifle Association is unconstitutional DM-0159 Permanent School Fund is nonspendable except for specific distributions and payments authorized by article VII, section 5 KP-0229 Permanent school fund, accounting methodology for calculating market value for distribution to available school fund GA-0516 Permanent school fund, acts of General Land Commissioner do not estop state from recovering improperly conveyed lands for JC-0069 Permanent school fund, conveyance of state-owned submerged lands from requires compensation to fund JC-0069 Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund GA-0516 Permanent School Fund, statute that purports to give to littoral property owners title in fee simple to artificially reclaimed, once-submerged lands without compensating the Fund violates article VII, section 4 of the constitution GA-0407 Posthumous pardons, the Texas Constitution does not limit the Governor's authority to grant posthumous pardons as long as all other constitutional requirements are met GA-0754 Proceeds from the sale of agency salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes and, for sales occurring on or after September 1, GA-0143 Property tax abatement agreement, county may not amend retroactively after liabilities for a given tax year are due and owing GA-0134 Property tax exemption, maximum authorized amounts for disabled veterans GA-0676 Property tax freeze for persons with disabilities or persons sixty-five years of age or older, adopted by a home-rule municipality under article VIII, section 1-b(h), may not be repealed by an election called pursuant to a petition of the city's voters GA-0222 Property tax freeze for persons with disabilities or persons sixty-five years of age or older, article VIII, section 1-b(h) of the Constitution does not permit a county, a city or town, or a junior college district implementing that provision to use a yea GA-0222 Property tax freeze for persons with disabilities or persons sixty-five years of age or older, the tax limitation in article VIII, section 1-b(h) of the Constitution is available to a city that has not previously enacted a residence homestead tax exemption GA-0363 Property tax freeze, article VIII, section 1-b(h) of the Constitution authorizes a governing body of a home-rule municipality, on its own motion and without a petition from the city's voters, to call an election to adopt a tax freeze for persons who are d GA-0222 Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements GA-0992 Protested proposed replat, requirement that it be approved by at least three-fourths of all members of municipal planning commission or governing body, or both, is not unconstitutional LO93-014 Public free schools, efficient system of GA-0009 Public funds, grant of county funds to school district or charter school GA-0664 Racing Act delegates legislative authority without sufficient standards to allow Racing Commission to regulate nonpari-mutuel racetracks JM-1134 Raffle-style game, Lottery Commission may not operate GA-0592 Randall County may divide itself into fewer than four justice of the peace and constable precincts, but must remain divided into four commissioner precincts JC-0217 Redistricting, when constable's precinct is abolished by redistricting, article V, section 18(c) of Texas Constitution provides that constable will serve out term in precinct where he or she resides JC-0462 Release of obligations, if a business collects and remits municipal sales taxes as required by law, the city's rebate of those taxes to the business does not violate article III, section 55 GA-0071 Residency requirement for applicants for liquor license, constitutionality of DM-0361 Resign to run, legislator that announces candidacy for Governor during the first year of a two-year term is not required to immediately resign from House of Representatives GA-0698 Retirement systems, a retired City of Houston employee may not receive benefits from multiple retirement systems for the same service GA-0221 Retirement systems, delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas JC-0043 Retroactive compensation, county civil-service commission or sheriff's department civil-service commission may adopt rule permitting award of back pay in certain circumstances without contravening constitutional prohibition of JC-0529 Retroactive law that is necessary to safeguard public safety and welfare prevails over constitutional prohibition against retroactive laws JC-0515 Retroactive tax exemption GA-0194 Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas Constitution GA-0378 Rider that requires official to file financial statements with his board exceeds statutory directive and is therefore invalid DM-0081 Rider to appropriations act, constitutionality of JC-0448 Sale of building located on a city street to a private entity GA-1084 School district's payment of legal fees of claimant against whom it has prevailed in court is gratuitous donation of public funds in violation of article 3, section 52 GA-0062 School district�s expenditure of funds for city-mandated infrastructure will not violate article III, section 52 of the Texas Constitution, if school district determines that paying the city for infrastructure costs accomplishes a public purpose and that it otherwise meets the requirements established by the Texas Supreme Court GA-0850 School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality of JC-0152 School land, real property purchased by community college does not constitute LO97-076 Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speech GA-0658 Sick leave pool may not be structured to provide extra compensation DM-0129 Speaker of the House serves a definite term of office under article III, section 9(b) GA-0584 Special assessments are not "taxes" within constitutional provisions JC-0386 Special law, tax exemption for specific, named private entity constitutes DM-0432 Takings Clause, article I, section 17, Texas Constitution - Tree preservation ordinances, a court could find a regulatory taking if all economically beneficial or productive use of land is denied or if the ordinance unreasonably interferes with a landowner's right to use and enjoy their property KP-0155 Tax exemption not available for property used as waste disposal site for materials dredged from Intercoastal Waterway DM-0301 Tax exemption, tests for determining exempt status of building owned by municipal hospital authority but leased in part to private long-term health care company JC-0571 Tax increment bonds, authority of counties to issue GA-0981 Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas Constitution JC-0152 Tax increment financing, because the constitution requires the legislature to provide for tax increment financing in a reinvestment zone pursuant to general law and the implementing law does not authorize a city to extend a zone's duration, a home-rule city lacks authority to extend a zone's duration beyond the termination date established in the ordinance designating the zone GA-0276 Tax-exempt status of privately used commercial projects under Development Corporation Act of 1979 GA-0522 Taxation methods for calculating "net to land" in determining appraised value of open space land, constitutionality of DM-0355 Taxation of publicly-owned property leased to private party or another political subdivision DM-0188 Taxation, personal property that is not required to be rendered for taxation is not thereby exempt from GA-0484 Taxation, statute requiring chief appraisers of overlapping appraisal districts to enter into their districts� appraisal records the lowest appraised and market values from all the values determined by each appraisal district does not violate article VIII GA-0317 Texas Automobile Insurance Plan, rule vesting amendment power over in group of private insurers is unconstitutional delegation of legislative authority DM-0135 Texas Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud. KP-0099 The article XVI, section 40 prohibition against dual office holding does not apply to the office of justice of the peace GA-1005 To the extent that a sitting justice of the peace holds dual offices by also serving as a temporary justice under Government Code section 27.055, a court would likely conclude that doing so is constitutional under the exception provided in article XVI, section 40 GA-1005 Traffic fines collected on interstate highways, bill exempting larger cities from having to share with state is not local or special law prohibited by article III, section 56 JM-1200 Travel trailers, taxation as personal property does not violate "equal and uniform" taxation provision of Texas Constitution JC-0150 Unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose GA-0652 Unconstitutional local or special law, test is whether there is a reasonable basis for the classification and whether the law operates equally on all within the class GA-0670 Vacancies on the Texas Higher Education Coordinating Board, the Governor may fill as provided by law GA-0829 Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rights JC-0302 Vested right, retroactive law is unconstitutional only if it impairs GA-0356 Viatical settlements, constitutionality of statute authorizing Department of Insurance to regulate DM-0314 Video lottery terminals, legislature barred by article III, section 47(e), Texas Constitution, from authorizing state to operate GA-0103 Water Commission, rule-making delegation to does not violate Texas Constitution DM-0054 Bill of Rights Ad valorem tax on motor vehicle leased to person who uses it for personal purposes, constitutionality under equal rights provision LO96-030 Cathedral, constitutional question raised if public funds were appropriated to restore or preserve JC-0578 Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees DM-0427 Confidentiality provision, to the extent amendment repealing has some retroactive effect, it does not violate prohibition against retroactive laws GA-0149 Court costs for teen court program, imposition does not contravene due process DM-0372 Due process clause, quality assurance officer's power to temporarily suspend license of vehicle emissions inspection station or inspector without a hearing does not violate DM-0414 Due process is not violated when municipal annexation causes territory to be subject to a sexually oriented business ordinance that is less stringent than county ordinance previously in effect DM-0399 Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit received DM-0453 Due process, school district's seizure of leased paging device in possession of student DM-0352 Due process, takings, solid waste hauler lacks vested right in contracts to haul waste in areas annexed by municipality LO97-037 Equal protection guarentee under article I, section 3 is analyzed using federal equal protection standards GA-0573 Equal protection, county employees' incentive plan does not violate constitutional guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court GA-0492 Equal protection, whether article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days of request in less populous count JC-0549 Equal protection, whether statutory indigency standard for appointing counsel for indigent criminal defendant violates JC-0549 General arbitration statute does not contravene "open courts" provision of Texas Constitution DM-0127 Impairment of contract, decrease in state contribution to higher education optional retirement system does not constitute LO96-133 Impairment of contract, municipality's displacement of solid waste hauler pursuant to statutory authority following annexation of service area does not constitute LO97-037 Impairment of contract, retroactive application of law forbidding assumption of debt by economic development corporation would constitute DM-0299 Jury trial, defendant charged with misdemeanor in justice court is entitled to under article I, section 10 of Texas Constitution LO97-097 Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels of JC-0125 Petition and remonstrance, whether former general counsel of Department of Insurance has constitutional right to appear before Department in his own behalf LO95-079 Policy requiring certain probationers to conform to dress and hair code, constitutional if designed primarily for rehabilitation and protection of public, and is reasonably related to such ends LO93-095 Probation condition that restricts right to free expression or privacy, validity DM-0437 Property Code section 202.006 is not a bill of attainder prohibited by the Texas or United States Constitutions GA-1054 Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992)) JM-1274 Regulatory takings challenge, a court considering challenge would use federal framework examining: (1) regulation's economic impact on claimant; (2) the nature of the governmental action; and (3) regulation's degree of interference with property owner's economic expectations." KP-0133 Religion, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus GA-0252 Remonstrance, individual's right of GA-0240 Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt GA-0526 Retroactive law and impairment of contract, amendments to statute governing purchases made with forfeited funds would constitute if applied to purchases made by district attorney prior to effective date JM-1218 Retroactive law, investigation of chemical dependency counselor for conduct occurring before effective date of statute penalizing conduct LO94-013 Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutes DM-0493 Retroactive laws, construction of statute prohibiting certain deed restrictions as GA-0780 Roadblocks set up by game wardens may be subject to challenge under article I, section 9 of Texas Constitution even if permissible under United States Constitution LO94-026 Search without a warrant of polygraph examiner's commercial premises by Polygraph Examiners Board is unconstitutional where inspection is not in response to formal complaint JC-0204 Slayer�s Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person�s own child under circumstances not within the GA-0632 Supermajority vote when neighbors protest proposed replat requiring variance, three-fourths vote requirement is constitutional DM-0410 Suspension of laws, statute authorizing state agency to grant exemptions to pollution-control statutes and rules does not constitute DM-0474 Takings, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053 GA-0835 Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to JC-0021 Elections Article IV, section 3 describes returning officer as officer who completes, seals, and transmits election returns to Secretary of State KP-0242 Article IV, section 3 describes returning officer as officer who completes, seals, and transmits election returns to Secretary of State KP-0242 Oath of office - election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1. KP-0140 Returning Officer - county clerk is returning officer for single-county legislative district for purposes of article III, subsection 13(a) KP-0242 Equal Protection Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements. GA-1013 Incompatibility of Offices College trustee and county commissioner, simultaneous service as KP-0119 Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a) from serving the county in other official capacities GA-1075 Public Officeholders Appointed members of Peace Officers' Memorial Advisory Committee continue to serve after end of term until replaced or reappointed LO95-039 Appointed municipal judge may hold second appointment if doing so is "of benefit to the state" DM-0428 Appointee to office of sheriff entitled to serve until successor has qualified, and successor may not assume office until January 1 of year following general election GA-0263 Article XVI, section 40(d) precludes legislators from providing services as an employee of local government KP-0226 Article XVI, sections 30 and 30a, members of advisory boards and advisory commissions are not "officers" for purposes of GA-0021 Automatic resignation by criminal district attorney who files formal application to run for school district trustee pursuant to article XVI, section 65 LO96-011 Automatic resignation of city council member, city that fails to hold a special election to fill vacancy within 120 days after the date of the automatic resignation may not avoid holding a special election until member's term expires JC-0318 Automatic resignation of city council member, vacancy must be filled by special election rather than by appointment JC-0318 Automatic resignation of justice of the peace with more than one year remaining in term upon filing application for candidacy as school trustee LO96-083 Automatic resignation provisions of article XVI, section 65, act of seeking political party's executive committee's nomination to be the party's general election candidate for a new office does not trigger (Tex. Att'y Gen. Op. No. JM-132 (1984) and Tex. JC-0249 Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17 DM-0377 Automatic resignation, city commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11 JC-0403 Automatic resignation, county judge who seeks gubernatorial appointment is not subject to LO96-107 Automatic resignation, municipal officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 days JC-0403 Automatic resignation, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacy GA-0210 City commissioner, article XVI, section 40 bars teacher employed by Texas State Technical College from serving as if he or she receives a salary from city for doing so LO93-037 City council member who is employed by a school district as a coach may be a schoolteacher for purposes of article XVI, section 40(b)(1) of the Constitution if participating students receive credit for participation GA-0530 City council member whose current term is uncompensated, article III, section 19 of the Texas Constitution does not render ineligible to serve in the Texas Legislature; "term" is not synonymous with "tenure" GA-0421 City council member, eligibility to run for state legislature after resigning LO95-069 City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a) GA-0985 Civil office of emolument, teacher employed by Texas State Technical College does not hold LO93-037 Civil office of profit under article III, section 18, Chancellor of Texas Tech University System does not hold LO96-080 Composition of Fire Department Emergency Board does not violate constitution LO90-044 Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government Code GA-0933 Constable's duty to serve following redistricting that abolishes the constable's precinct GA-0550 Constables, legislative authority to enact qualifications DM-0322 County attorney appointee must have resided in county for six months immediately preceding date of appointment LO95-086 County law enforcement official entitled to medical expenses and salary when injured in course of official duties under article III, section 52e, jailers, detention officers, and correctional officers employed by sheriff qualify as LO93-062 County law enforcement official injured in course of official duties, county may not reduce article III, section 52e salary payment due to employee's tax status LO93-062 De facto status of elected officer who did not file signed oath of office statement required by article XVI, section 1 LO96-056 Deputy constable not required to reside in precinct for which he was appointed JC-0148 Dual office holding provision article XVI, section 40 equates the term "salary" with the more comprehensive term "compensation" LO94-072 Employment with the state, city commissioner who accepts does not automatically forfeit his or her position and may continue in both positions if he or she renounces salary, and monies that city commissioner receives as expenses do not exceed actual expenses incurred LO93-037 Fee for delivering a notice to vacate premises, whether a constable may retain in addition to his or her salary GA-0364 General law water district, state employee may serve as member of board of directors only if he receives no compensation other than reimbursement of actual expenses LO98-011 Governor may not pardon person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges DM-0349 Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas Constitution GA-0205 Hold over in office under article XVI, section 17, officer who resigns to run for another office continues to DM-0377 Hold over in office, municipal court judge who is not reappointed does not hold over even when successor is not timely appointed LO97-020 Hold over in office, public members of county salary grievance committee must when no grand jury convened in county during past year LO96-067 Hold over provision of Texas Constitution overrides municipal charter provision for automatic vacation LO96-014 Hold over provision requires officer who has resigned to continue to serve, but officer may not withdraw effective resignation due to hold over status DM-0406 Hold over, whether disqualified officer holds over depends upon application of constitutional removal requirements DM-0493 Holds over in office, incumbent municipal officer whose term is set by charter at more than two but no more than four years (assuming incumbent's term of office has not yet expired) holds over in office despite receiving a plurality, not a majority, of th JC-0293 Justice of the peace fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice to retain fees in addition to salary GA-0145 Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrate GA-0193 Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety does no operate GA-0365 Legislator's acceptance of payment from local government for lobbying, authority and limitations KP-0226 Legislator's interest in contract with state or county where corporation's stock is owned by spouse of legislator LO95-033 Legislator's service as independent contractor for county, whether it is a "position of profit under this State" LO95-022 Legislators, Texas Constitution does not preclude payment of their legislative expenses during interim DM-0023 Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting Board JC-0388 Member of board of Historical Commission, eligibility to serve as legislator during term for which appointed to Commission LO95-050 Member of Board of Physical Therapy Examiners holds an "office of emolument" and is prohibited by article XVI, section 40 from simultaneously serving as county clerk LO98-055 Oath of office, whether city police officers must take; validity of arrests by police officer who did not file written statement required by Texas Constitution DM-0381 Oath of office, whether DPS commissioned peace officer is public officer required to take GA-0365 Officeholder, alternate election judge who is appointed to a single election is not an LO96-081 Precinct chair of a political party is not a public office, and accordingly candidacy for by city official does not trigger resign-to-run provisions of Texas Constitution JC-0562 President pro tempore of the Senate does not serve a definite term of office under article III, section 9(a) GA-0584 President pro tempore of the Senate is not a state officer subject to impeachment under article XV, section 7 GA-0584 Public office for purposes of article XVI, section 40, municipal judges holds DM-0428 Public office, Aldine standard established by Texas Supreme Court is standard in Texas to determine, under article XVI, section 1, Texas Constitution, whether an individual holds GA-0365 Recall election, city council members removed from office in recall election do not hold over until their successors are qualified GA-0175 Recess appointee is ipso facto nominated to the Senate if the governor fails to nominate appointee or some other person during first ten days of legislative session (Affirmed by Tex. Att'y Gen. Op. No. JM-1179 (1990)) JM-1161 Recess appointee whose appointment is not acted on by the Senate in legislative session following appointment loses appointment upon adjournment of session and does not hold over in office (Affirmed by Tex. Att'y Gen. Op. No. JM-1179 (1990)) JM-1161 Removal requirements, statute disqualifying certain officers construed to incorporate DM-0493 Residence, school board trustees must reside within school district LO92-019 Resign to run, authority of home-rule city to provide in city charter for automatic resignation of mayor or council member who runs for another office GA-0217 Resign to run, police officers who are not officers are not subject to automatic resignation under article XI, section 11 GA-0217 Resign to run, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacy GA-0210 Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner�s seat under particular circumstances GA-0769 Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutes DM-0493 Rules of the Senate or House, the constitutional separation-of-powers doctrine precludes the Attorney General from construing GA-0584 Senate confirmation, whether member of nonprofit corporation appointed by the governor is a state officer subject to JC-0345 Serving as the state chair of a political party, because the state chair of a political party does not hold an office or position under this State a member of the Legislature is not barred from under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution from GA-0880 Speaker of the House is a state officer subject to impeachment under article XV, section 7 GA-0584 State employee who serves on board of directors of a municipal utility district may not receive compensation in form of a per diem under article XVI, section 40 LO94-072 State senator elected at November 2000 general election is not eligible to be appointed to position that requires Senate confirmation GA-0006 Term of office established by constitution may not be shortened by legislature JC-0519 Under Texas Constitution art. XI, section 11(a), home-rule municipality may not change its city council terms from three years to four years without charter amendment GA-0985 Vacancy on municipal governing body where officers hold terms longer than two year must be filled under article XI, section 11(b) of the constitution, which prevails over inconsistent city charter provisions GA-0585 Voting ex officio members of boards or commissions are included in determining number of members of board or commission for purposes of article XVI, section 30a GA-0021 Withdrawal of candidacy for second office does not revoke automatic resignation from first office under "resign-to-run" provision LO94-059 Resign-to-Run Article XI, section 11(b) of the constitution applies to all vacancies in office, not just those created by operation of article XVI, section 65 GA-0585 Campaign treasurer appointment filing, constitutionality of GA-0643 Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas Constitution GA-0643 Separation of Powers A court would likely hold that a judge's award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1 GA-1000 Advisory councils, legislature's delegation of rulemaking authority to does not violate DM-0430 Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provision JC-0563 Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branches GA-1000 Article II, section 1, Texas Constitution - a court is unlikely to conclude that Senate Bill 1876 from Eighty-fourth Legislature is unconstitutional under, or unconstitutionally vague KP-0071 City council member whose current term is uncompensated, article III, section 19 of the Texas Constitution does not render ineligible to serve in the Texas Legislature; "term" is not synonymous with "tenure" GA-0421 County and district clerks required to deliver abandoned funds to comptroller without further court order, statute does not violate separation of powers DM-0348 Delegation of authority to state agency to grant exemptions to pollution-control statutes and rules does not violate DM-0474 Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not violate separation of powers GA-0205 Gubernatorial appointment to Coastal Coordinating Council, whether subject to senate confirmation LO95-024 Municipality may not finance acquisition of school facility to be leased by school district solely for educational purposes JM-1255 Score and rank applications for low-income-housing credits based in part on written statements from state elected officials, statute which requires Texas Department of Housing & Community Affairs to do so does not violate article II, section 1, Separation of Powers doctrine of Constitution GA-0455 Statute that appears to delegate authority to private entity which promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment must be construed to incorporate only those editions of codes that JC-0510 State Lottery Texas Triple Chance, a court is unlikely to conclude that a game is unconstitutional merely because it awards a preset prize amount regardless of the number of tickets purchased or because it does not carry forward any unpaid prize money to be awarded to an eventual winner GA-1074 Taxes and Exemptions A county equalization tax under former chapter 18, Education Code, appears to provide a county school board operating thereunder meaningful discretion with regard to the tax such that a court could determine that the tax is not constitutionally infirm under article VIII, section 1-e. KP-0101 Ad valorem property tax exemption for higher education institutions KP-0066 Article VIII, section 1-b(h)Texas Constitution, a municipality with an ad valorem tax rate of zero, upon receiving a properly filed petition from five percent of authorized voters, must hold an election to determine whether to freeze the total amount of ad valorem taxes imposed on property that is subject to a residence homestead exemption owned by a person that is disabled or is 65 years of age or older under GA-1070 Homestead tax exemption establishing floor greater than amount set in Texas Constitution article VIII, § 1-b(e) - authority of home-rule municipality to adopt KP-0215 Local option homestead exemption from the amount that was adopted for the 2014 tax year through the 2019 tax year; Tax Code subsection 11.13(n-1) prohibits a school district, municipality, or county from repealing or reducing the KP-0072 Use of Public Funds Abatement of delinquent ad valorem taxes, municipality has no authority to allow LO95-090 Absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone. KP-0004 Absent educational purpose, use of school district's public funds to transport students and employees to and from polling places violates Texas Constitution article III, section 52 KP-0177 Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensation for additional work performed without violating article III, section 53 of Texas Constitution GA-0155 Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to GA-0578 Appropriation to pay claims that are not legally enforceable obligations against the state is unconstitutional for absence of pre-existing law JM-1181 Article 3, Section 53 of the Texas Constitution prohibits a civil service commission from granting a retroactive pay rate increase to municipal employees effective from the date of their last evaluation GA-0368 Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1 KP-0197 Article III, section 52 does not prohibit legislature from authorizing school districts to require outside contractors to pay their workers a minimum "poverty level wage" JC-0011 Article III, section 52(a) prohibition on granting public money to individuals - applicability to refunds of penalty and interest to taxpayers KP-0239 Article III, section 52(a) prohibits gratuitous payment of public funds for private purposes KP-0181 Article III, section 52(a), Texas Constitution, under Texas Supreme Court test, a school district's contract for legal services would violate if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return. KP-0099 Article III, section 52(a), to the extent that circumstances forming the basis for an alleged violation of theTexas Disciplinary Rules for Professional Conduct suggest that an expenditure does not comport with the requirements of, a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a). KP-0099 Article III, section 52(a), whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review. KP-0099 Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7 KP-0197 Article VIII, subsection 7-c(a), Texas Constitution - if Comptroller is unable to calculate deposit amount before fiscal year ends, court likely to conclude doing so as soon as possible thereafter would result in substantial compliance with KP-0143 Assets of municipal health authority may be disposed of upon dissolution only for a public purpose LO95-008 Attorney fees, common law authorizes governmental body to reimburse officer's or employee's in certain circumstances DM-0488 Attorneys fees, county may not reimburse private litigants for costs in suit involving county road right-of-way DM-0133 Available school fund, children enrolled in prekindergarten classes are entitled to benefits of DM-0196 Back pay, school district may award to individual indicted, terminated, and subsequently acquitted and reinstated, but is not required to do so JC-0115 Bonus or salary increase, prosecutor's employees may not receive unless bonus plan approved by commissioners court as part of compensation before services are rendered JM-1253 City may not grant public funds to school district to use in constructing buildings within city boundaries LO96-063 City may spend public funds only for a public purpose and municipal purpose and may not donate funds to a school district JC-0212 City that builds seawall funded by assessments must maintain sufficient control over it to ensure that the public purpose is accomplished and to protect the public's interest in it GA-0528 Community health center loans, whether statute providing for grant of money to development corporation to make such loans serves a public purpose and imposes adequate controls GA-0033 Compensating county employees for unused sick leave each year, article III, section 53 does not bar county from implementing policy prospectively LO98-099 Compensation to county attorney in form of equipment and services to use in private practice, permissible if county receives reasonable return LO96-141 Compensation, retroactive increase in compensation for county employee is unconstitutional while prospective increase is not JC-0376 Conference registration and lodging fees, county probably may pay JC-0080 Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility Fund KP-0017 Consideration, state agency contract with parents to provide community-based services to their mentally disabled child must be for performance of services that parents are not legally obligated to provide in order to be supported by sufficient considerati JM-1216 Consideration, state university's commitment to build campus on land conveyed by municipality would satisfy constitutional constraints on municipality's use of public funds DM-0441 Construction of improvements on leased property, expenditure of public funds for LO97-078 County education department's expenditure for a hurricane relief fund under article III, section 52(a) KP-0208 County employees and equipment, whether county may authorize use of to transport agricultural commodities for a community action organization JM-1240 County equipment, materials and labor, whether a county may maintain or work on private non-road property GA-0085 County funds for city streets unconnected with county road system, commissioners court may expend if expenditure serves a county purpose in accordance with article III, section 52(a) JC-0036 County funds, authority to fund water district GA-0601 County funds, whether county's use in drug sting operation constitutes public purpose LO95-013 County permanent school fund and available school fund, distribution among school districts in a county GA-0405 County permanent school fund proceeds, investment in mortgage-backed securities at below-market interest rate incompatible with county commissioners' trustee duties JC-0004 County permanent school fund, factors commissioners court may consider in distributing corpus LO98-006 County retirees' health insurance premiums, county may not agree to pay if payment would constitute unbargained-for, retroactive compensation JC-0297 County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant of JC-0125 County vehicle, use of by county employee�s to transport a passenger who is not a county officer or employee GA-0751 Debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7 JC-0582 Delinquent taxes owed on real property with hazardous waste problems, taxing unit may not reduce LO96-099 Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 JC-0118 Direct security repurchase agreements, call option contracts, reverse, repurchase agreements, and collateralized mortgage obligations not "bonds or obligations of the United States" in which article III, sections 49-b and 49-b-1 permit Veterans Land Board JM-1201 Distribution of extra interest to annuitants by Texas County and District Retirement System does not violate constitutional prohibition against grants of public funds DM-0265 Division of powers between municipality and independent school district, article III, section 52-a does not overcome case law establishing JM-1255 Donation of county tax funds to private, nonprofit industrial development corporation LO96-035 Donation of salvage or surplus property by county commissioners court not unconstitutional DM-0268 Drain services benefiting private individuals, authority of municipality to provide LO97-046 Early exit plan for school district employees, whereby certain employees receive payments from the district in return for leaving employment and other agreements, is not an unconstitutional gratuity if employees provide consideration to the district for p JC-0165 Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52 DM-0185 Edwards Aquifer Authority's statutory authority to repay loan from permit fee revenues consistent with article XVI, section 59 limitations on indebtedness LO97-012 Election contest, county may not reimburse sheriff for legal fees incurred in defending DM-0431 Employee benefits, university may include prepaid legal services coverage in benefits if university determines that expenditure serves a public purpose LO92-041 Employee gifts, county vending machine surcharge proceeds may be used to purchase in certain circumstances LO96-136 Event of "Texas Safe Sports Week" sponsored by private foundation, school district may expend funds and other resources on related activities if the board of trustees (i) determines that any expenditure in connection with the program serves a necessary sc JC-0113 Extension of credit to students, state university bookstore may extend credit to students if it will accomplish public purpose and if transactions are sufficiently controlled to ensure accomplishment of public purpose LO92-029 Fire prevention district or volunteer fire department, authority of county to fund JM-1209 Flood control district agreement granting county joint use rights in property, quid pro quo contracts between political subdivisions for shared governmental purpose not prohibited LO93-011 Free textbooks, state university may provide to scholarship students if not an extension of state credit LO94-025 Funds donated to junior college for scholarships are not general college assets, and hence consolidation with other scholarships held by nonprofit foundation does not implicate constitutional restriction on gift or grant of public money to private entity JC-0138 Grants for economic development, authority of county commissioners court to make JC-0092 Guarantee of loan to private entity barred by constitutional provision prohibiting a county from lending its credit LO90-099 Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532 KP-0005 Guarantor for the obligations of a private entity for an economic development purpose, city may not lend its credit by being except pursuant to statute implementing article III, section 52-a JM-1227 Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposal for DM-0326 Hold and save harmless provision requiring county to indemnify another party for damages, application of restrictions on county debt DM-0467 Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a) KP-0116 Hospital district's authority to construct building to lease to private physicians in order to attract practitioners to underserved area LO97-068 Hospital district�s authority to contribute funds to city for a building to house emergency medical services vehicle GA-0721 Hotel-motel tax revenues, authority of city to spend on George Bush Library at Texas A&M University DM-0394 Housing expenses of visiting Army medical personnel working for hospital district on temporary basis, whether payment by hospital district is a gift or grant of funds LO98-024 Impermissible grant of public money, use of hot check fund to pay out restitution that prosecutor, in error, failed to include in court order is JC-0168 Incentive pay in addition to regular salary is not unconstitutional retroactive pay if contract for incentive pay pre-dates performance of services LO92-047 Interlocal contract to maintain private roads in municipality, commissioners court may not enter into JC-0288 Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital GA-0871 Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital GA-0871 Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to make GA-0871 Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to make GA-0871 Judge performing marriage for fee, whether public resources may be used in connection with DM-0397 Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrate GA-0193 Lease of county property to museum, whether county's agreement to pay certain museum expenses and to lease property for $1 comports with article III, section 52 JC-0582 Leased land, article III, section 52 does not prohibit a school district from using public funds to construct buildings on if the board of trustees determines that the expenditure serves a public purpose and places sufficient controls on the transaction t GA-0321 Lending of credit, deferred collection of fees for service of process as DM-0382 Lending of credit, municipal police officer's acceptance of bond for non-municipal offense and transfer of bond to sheriff's department does not involve JM-1217 Lending of credit, state or county does not violate prohibition against by providing goods to purchaser before receiving payment if there a public purpose and sufficient controls on transaction (overrules Tex. Att'y Gen. Op. Nos. MW-461 (1982) & JM-533 JM-1229 Lending of credit, Texas Commission for the Blind may contract with federal government to operate vending facilities on federal property without violating constitutional prohibition against JC-0489 Literacy programs, county expenditure under Texas Constitution article III, section 52(a) KP-0116 Local government corporations, city's or county's transfer of funds to must be consistent with constitutional provisions on expenditure of public funds for public purposes JC-0335 Long-term contract for electric services, whether state may enter into LO95-049 Longevity pay for county employees, validity of prospective policy for LO96-007 Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 JC-0026 Medical expenses and travel costs related to student's injury at school or while involved in a school activity, school district's authority to pay GA-0076 Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but must determine that such use serves a public purpose JC-0348 Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation Code JC-0250 Municipal funds, use to provide lighting on private streets LO94-078 Nonprofit organization, county may not transfer public funds to in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac JC-0439 Nonprofit, no-share corporation, whether municipality may sponsor DM-0194 Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of fact JC-0119 Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a, disposition of by Department of Transportation DM-0370 One-time payment to annuitants of Teacher Retirement System and Employees Retirement System grants "extra compensation" in violation of sections 44 and 53 of article III, Texas Constitution GA-0746 Online legal research services which also benefits private attorneys, use of county library fund to obtain is not an unconstitutional use of public funds for private purposes GA-0078 Payment by city of certain expenses of private nonprofit corporation that holds land within city for sale to industrial prospects, constitutionality of LO94-008 Payment of civil penalty under chapter 707 of the Transportation Code by school district may not contravene article III, sections 51 and 52(a) of the Constitution if district is not liable but payment accomplishes public purpose GA-0747 Payment of civil penalty under chapter 707, Transportation Code, by school district, would not contravene article III, sections 51 and 52(a) of Texas Constitution if district is liable GA-0747 Payment of costs incurred in a successful appeal to a zoning board as unconstitutional gratuity KP-0056 Permanent school fund, State Board of Education has authority to make any kind of prudent investment in managing assets of DM-0175 Policy compensating peace officers for time on standby status would constitute unconstitutional increase in compensation only if policy provided for compensation for standby prior to adoption of policy LO92-053 Postage meter owned by county, permissibility of county official using in campaign for office in professional association LO97-077 Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procure GA-0438 Private streets, city may not use public funds to enforce traffic laws on JC-0016 Private university, grant of public fund to is permissible only if grant serves public purpose, sufficient controls exist, and public receives adequate consideration LO90-038 Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c), commissioners court may not spend on city streets unconnected to county road system JC-0036 Public notices, county probably may pay publisher in advance of printing JC-0080 Purchase of securities from TexPool at below market value, whether state funds in treasury may constitutionally be expended for LO96-013 Real property lease as a thing of value, junior college district's authority to enter into long-term lease with religious organization that would construct student center, chapel, and other facilities on campus GA-0252 Real property, state university�s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, sections 51 and of the Texas Constitution GA-0894 Refunds, authority of state agency and comptroller to grant requests for fees paid in error LO98-049 Regional transit authority may not donate public funds to emergency medical services organization, but may contract for provision of such services LO96-076 Reimbursement by County Department of Education to county for county auditor's services, whether required by Texas Constitution JC-0055 Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses but may not contravene article III, section 52(a) of the Constitution GA-0530 Retroactive compensation, commissioners court not prohibited from approving payment of back wages to which employee was automatically entitled LO93-057 Retroactive compensation, county employee who has exhausted sick leave may not receive additional sick leave unless commissioners court has preexisting policy permitting JM-1160 Retroactive compensation, county may not pay group health insurance premiums for retired employee absent additional consideration from employee if county did not provide for such coverage nor possibility of such coverage at time of employee's retirement JC-0383 Retroactive salary increase granted after contract completed, no authority for board of regents to grant LO94-093 Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway GA-0576 Salaries, county probably may not pay in advance of services being rendered JC-0080 Sandy Land Underground Water Conservation District may transfer certain assets to individuals or other entities only in accordance with three-pronged constitutional test designed to ensure that such transfer accomplishes a public purpose GA-0843 Scholarship fund for architectural examination applicants, in order to ensure that scholarships serve the public purpose identified by the legislature, Board of Architectural Examiners should consider adopting rules that would require scholarship recipien JC-0244 Scholarship fund for architectural examination applicants, legislative appropriation for is supported by pre-existing substantive law and therefore does not violate article III, section 44 of the Texas Constitution JC-0244 School district provision of free office space to private nonprofit foundation, board of trustees must determine that transaction serves a public purpose, that consideration is adequate, and that controls are sufficient to ensure public purpose is achieve DM-0256 School district's authority to sell paging device seized from student DM-0352 School district's expenditure for a scholarship program under article III, section 52(a) KP-0204 Seawall built by city and funded by public funds may not be built on private land absent an easement or other appropriate interest in the land GA-0528 Self-insurance, whether a hospital district may provide funds for self-insurance to charitable organization created on district's behalf GA-0188 Spouses of city council members and city employees attending convention, article III, sections 51 and 52 prohibits paying of expenditures in most circumstances LO90-031 State agency is ordinarily not authorized to execute an enforceable indemnity agreement in favor of another party LO90-107 State Board of Education, authority to pay attorney fees on a contingent basis out of recoveries of the corpus of the Permanent School Fund GA-0848 State employee service awards are permissible LO96-132 State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of Texas Constitution JC-0501 Stocks in private corporation, county does not by virtue of reimbursement of private jail-management corporation's contributions to employees' stock-options plans hold LO90-094 Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a of JC-0250 Suspension with pay, prospective term of employment does not violate constitution where provision serves legitimate public purpose and has sufficient controls to ensure public purpose is served Suspension with pay to county employees is gratuitous ex GA-0322 Tax and bond revenues, authority of flood control district to use for recreational improvements DM-0420 Tax increment financing, use by counties GA-1076 Tax increment fund is a public fund subject to article III, section 52 GA-0305 Texas A&M University, authority to use allocation from the Available University Fund for support and maintenance under Texas Constitution article VII, section 18(f) GA-1091 Texas Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud. KP-0099 Texas State Technical College�s discharge of student loans would be constitutional only if made for a legitimate public purpose and if adequate controls existed to ensure that the public purpose is met GA-0743 Tissue procurement organization's use of medical examiner's facility presumably has been determined by the Legislature to constitute a constitutional use of public funds GA-0544 Toll roads, Department of Transportation cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue JC-0353 Transit authority's agreement to provide buses for Olympic Games at request of Federal Transit Administration, permissibility LO96-008 Travel allowance plus gasoline and automotive repairs, county commissioners' receipt of both unlikely to serve public purpose LO96-028 Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to pay DM-0317 Treasury, funds in may only be appropriated by legislative action LO96-041 Unconditional gifts or donations or public funds or resources to private entities prohibited JC-0113 Unconstitutional donation to city, county makes unconstitutional donation to city by reimbursing city for expenditure for gifts when county did not participate in initial decision to make the expenditure JC-0432 Unconstitutional retroactive compensation for services performed and impermissible private use of public funds, county treasurer's payment of employees' accrued vacation or compensatory time when the county did not have a policy providing for such payment JC-0370 Unused vacation time, county employee who resigns before anniversary date may not be credited or compensated with unused vacation time where county's personnel policy provides that employee's unused vacation time is credited on the anniversary of the empl JC-0123 Water districts, valuation of real property offered for sale to lessee of property GA-0634

What is the main purpose of the Texas Constitution?

What are the articles of the Texas Constitution?

What does Article 7 of the Texas Constitution provide?

What does the Texas Constitution say?