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Public Property

Summaries

KP-0097
Ken Paxton

In Education Code subsection 12.128(c), the Legislature has set aside public property for control by the Commissioner of Education such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).|In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).|Texas Constitution article III, sections 51 and 52(a) prohibit the Commissioner of Education from gratuitously granting property returned to the State pursuant to Education Code section 12.128 to private interests.|Permanent School Fund - In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).

KP-0209
Ken Paxton

Enforceability of a right of reverter in a deed that conveys a fee simple determinable interest to a college|Enforceability of right of reverter in economic development corporation's deed of a fee simple determinable interest to an agency of the State|Enforceability of economic development corporation's right of reverter in a deed conveying a fee simple determinable to an agency of the State

GA-0026
Greg Abbott

Foreclosed properties in the Veterans' Housing Assistance Program, if tax-exempt|Tax exemption of foreclosed properties in the Veterans' Housing Assistance Program

GA-0070
Greg Abbott

Thermal energy plant built for a building complex is a "facility" under subchapter H, chapter 271 of the Local Government Code|Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government Code|Jail facility, a county does not have implied authority to enter into a sale and leaseback of property to acquire a thermal energy plant in connection with a|Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into a|Facility|Civil engineering

GA-0122
Greg Abbott

Forfeited property, an attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property subject to administration under article 59.06(a) of the Code of Criminal Procedure is state property|Forfeited property, property forfeited under chapter 59 of the Texas Code of Criminal Procedure is generally exempt from ad valorem taxation. If exempt, the attorney representing the state need not apply for an exemption for it to be effective|Forfeited property, property forfeited under chapter 59 of the Code of Criminal Procedure may be leased as proper administration of property under article 59.06(a) of the code, and is not subject to statutory bidding procedures|Forfeited property, attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property, an attorney representing the state may lease forfeited property only if the lease is consistent with the local agreement and with the attorney's statutory duties to ultimately dispose of property by sale or transfer and distribute any

GA-0182
Greg Abbott

Convey donated real property or an interest therein, the Department of Parks and Wildlife may only if it determines that ownership of the property is no longer in the Department's best interest

GA-0190
Greg Abbott

County airport land, procedures applicable to lease for airport purposes|Airport land, procedures applicable to lease for airport purposes|Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statute

GA-0249
Greg Abbott

Real property owned by Texas Southern University, deed restrictions do not apply to|Deed restrictions do not apply to property owned by Texas Southern University

GA-0252
Greg Abbott

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|Lease, 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|Real property lease, junior college district's authority to enter into long-term lease of campus land with religious organization that would construct student center, chapel, and other facilities|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|Establishment Clause, 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|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-0270
Greg Abbott

State land federal government wishes to lease, whether special act of the legislature is required to convey|State land, authority of governor to convey to federal government to construct a federal courthouse|Vacation of street abutting land owned by the state and ceded to city for 99 year term, in acting to vacate street to allow federal courthouse construction, home-rule city would act as Texas authority with authority to vacate street rather than as party w

GA-0321
Greg Abbott

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|Long term lease of school district land to private entity, an independent school district has implied authority to lease school land to a private entity, but in leasing school property the board of trustees may not (i) permit uses of the property that wou

GA-0371
Greg Abbott

Conveyance by private sale, section 49.226 of the Water Code authorizes a river authority to sell surplus land by private sale, providing an exception to the public sale requirements generally applicable to political subdivisions|Land conveyance by private sale, section 49.226 of the Water Code authorizes a river authority to sell surplus land by private sale, providing an exception to the public sale requirements generally applicable to political subdivisions

GA-0388
Greg Abbott

County school funds, Chambers County may not contract with a bank to invest or manage its permanent school fund|County school funds, Chambers County may not contract with a bank to invest and manage its permanent school fund|County school lands, Chambers County may not contract with a bank to invest and manage its permanent school fund

GA-0441
Greg Abbott

Lease of municipality's mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 is the more specific enactment and prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as it is the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 is the more specific enactment and therefore prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 as the more specific enactment prevails

GA-0494
Greg Abbott

School district lease-purchase contracts under Public Property Finance Act, applicable procurement procedures|Lease-purchase contracts under Public Property Finance Act, applicable procurement procedures

GA-0496
Greg Abbott

Independent school district trustees, authority to develop leased land|New school development, authority of independent school district trustees to pay impact fees|Developing leased land|Impact fees, authority to pay|Agreement|Impose

GA-0596
Greg Abbott

School district agreement to improve property not owned or leased by school district, operation of statute prohibiting|Real property not owned or leased by school district, operation of statute prohibiting agreement to improve

GA-0599
Greg Abbott

Brazos River Authority, authority to offer lessees over 65 years of age lease rate discounts and rate freezes under general leasing authority and article III, section 52(a) of Texas Constitution

GA-0616
Greg Abbott

County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from

GA-0706
Greg Abbott

Lease of county property under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section|County property leased under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section

GA-0779
Greg Abbott

Use the resulting proceeds to provide community-based health, mental health, or mental retardation services, Spindletop Mental Health and Mental Retardation Services does not, under House Bill 1759 or House Bill 1023, have authority to sell or lease certain real property and to|Authority to sell or lease certain real property and to use the resulting proceeds to provide community-based health, mental health, or mental retardation services, Spindletop Mental Health and Mental Retardation Services does not, under House Bill 1759 or House Bill 1023, have

GA-0894
Greg Abbott

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|Dedicated cemetery land and land abutting a cemetery, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution|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, section 51 and 52 of the Texas Constitution

GA-0899
Greg Abbott

State Highway 165 within the State Cemetery, the State Cemetery Committee is to determine in the first instance and subject to judicial review the exact scope of its operational authority, and whether that authority necessarily includes the power to regulate bicycles on|Operations

GA-0905
Greg Abbott

Authority of the Aransas County Navigation District to have, maintain, and finance park and recreational facilities

GA-0934
Greg Abbott

All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beach|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle\r\n\r\nAll terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach|All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach

GA-0958
Greg Abbott

County school land, authority of commissioners court to accept lease requiring lessee to make expenditures for land management and maintenance

GA-0973
Greg Abbott

Accrual of penalty and interest on delinquent ad valorem taxes after county purchases real property

GA-1084
Greg Abbott

Sale of building located on a city street to a private entity

DM-0064
Dan Morales

Free speech, whether Department must permit religious groups to distribute literature and solicit contributions on state property|Free speech, transitory use of state-owned real property for expressive activity protected under state and federal constitutions is not an entrustment of state property for purposes of appropriations act prohibition|Free speech, whether Department of Public Safety must permit religious groups to distribute literature and solicit contributions on state property

DM-0187
Dan Morales

Forfeiture of real property to state-property exempt from taxation while title is in state

DM-0188
Dan Morales

Publicly-owned property, tax-exempt status of property leased to private party or another political subdivision|Taxation of property owned by city, school, or junior college district but leased to private party or another political subdivision|Taxation of publicly-owned property leased to private party or another political subdivision

DM-0232
Dan Morales

Park land, authority to convey to hospital district|Park land, conveyance by municipality to hospital district

DM-0260
Dan Morales

Endowment fund for educational purposes, school district may establish with donations or bequests but may not place proceeds of land sale therein|Sale of land owned by school district, use of proceeds

DM-0316
Dan Morales

Permanent school fund, property recovered for may not be used to pay consideration to person who informed state of its claim|Permanent school fund, whether comptroller may contract to pay consideration to person who informs state of its claim to recover property of

DM-0374
Dan Morales

Permanent University Fund land leased for grazing, whether water improvement district may tax|Taxation of Permanent University Fund land leased for grazing|Permanent University Fund land, taxation by water improvement district|Tax|Special assessment

DM-0441
Dan Morales

Consideration, state university's commitment to build campus on land conveyed by municipality would satisfy constitutional constraints on municipality's use of public funds|Municipal park land, municipality may not convey to University of Texas for less than fair market value|Municipal park land, authority of municipality to convey to University of Texas|Park land, authority of municipality to convey to University of Texas

DM-0444
Dan Morales

Utility system board is agent of municipality|Delegation to municipal utility system board of authority to manage and control system|Utility system property, system holds as agent of municipality; municipality has ultimate authority to determine use and disposal of|Delegation to municipal utility system board may not exceed power to "manage and control" system|Utility system|Control|Management|Utility system employees are employees of municipality subject to municipal employment policies, compensation, and benefits unless municipality has delegated authority to utility system board|Utility system employees subject to municipal rules regarding compensation and benefits unless municipality has delegated authority to utility system board

DM-0448
Dan Morales

Agricultural land acquired by state, whether subject to rollback tax|Rollback tax, if agricultural land acquired by state subject to|Construction of agricultural use statutes entitled to consideration only to extent reasonable and consistent with statute|Agricultural land acquired for Superconducting Super Collider project, whether subject to rollback tax|Agency construction of statute agency authorized to enforce entitled to consideration only to extent reasonable and consistent with statute|Land acquired by state

JC-0069
John Cornyn

Submerged lands owned by state, conveyance to city requires compensation to permanent school fund|Commissioner may not convey submerged lands owned by state in absence of statutory authority|Permanent school fund, acts of Commissioner do not estop state from recovering improperly conveyed lands for|Permanent school fund, acts of General Land Commissioner do not estop state from recovering improperly conveyed lands for|Permanent school fund, conveyance of state-owned submerged lands from requires compensation to fund\r\n\r\n

JC-0179
John Cornyn

Fiber-optics cable installed to operate regional water district's pipeline, water district may lease to private telecommunications company excess capacity in|Easement, article XVI, section 59 water district may lease excess capacity in fiber-optics cable installed in to private telecommunications company to operate pipeline|Fiber-optics cable installed to operate pipeline, water district may lease to private telecommunications company excess capacity in

JC-0399
John Cornyn

County school lands, commissioners court as trustee may not delegate authority over to beneficiary school district|County school lands, constitutional authority of commissioners court as trustee of|School lands vested in county, commissioners court is trustee with non-delegable duty to sell or otherwise dispose of

JC-0465
John Cornyn

Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Texas Historical Commission is|Ownership of artifacts removed before and after 1969 from lands owned by state or political subdivision of state|Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Commission is

JC-0498
John Cornyn

Gubernatorial records held in alternative depository remain property of state|Gubernatorial records held in alternative depository remain Texas public records subject to Act|Memorandum of understanding or other documentation of transfer of gubernatorial records to alternative depository, Commission is necessary party to|Alternative depository for gubernatorial records, the only power given to governor by statute is that of designating

JM-1184
Jim Mattox

Forfeited vehicle acquired prior to October 18, 1989 pursuant to Controlled Substances Act for which political subdivision has no use to be sold at sheriff's auction

KP-0290
Ken Paxton

A nonprofit organization leasing a publicly owned property may generally qualify for and obtain the state tax credit for certified rehabilitation of certified historic structures on behalf of the public owner pursuant to Tax Code, chapter 171, subchapter S.

KP-0291
Ken Paxton

Whether Education Code section 11.167 authorizes a school district to purchase property outside the district’s boundaries to build and operate a school will depend on whether a court finds implied authority within that section to do so.

KP-0338
Ken Paxton

The Texas Constitution, common law, and the property’s status as surplus must be considered by an independent school district in determining whether the district may enter a long-term ground lease with a private entity that intends to develop the district’s surplus property for noneducational purposes that are expected to yield financial benefits that exceed the property’s current sale-value.

JS-0002
John Scott

To the extent ownership of the historical markers have not been lawfully transferred to another party, the markers remain the property of the State of Texas. A court would likely conclude the Texas Facilities Commission is charged with maintaining the historical markers commemorating the centennial of the Republic of Texas and the Civil War.

JS-0007
John Scott

A volunteer fire department is not a political subdivision for purposes of a county land exchange under Local Government Code subsection 263.006(e).