Use Of Public Funds

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.|It is likely a court would conclude that, 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.

Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532

Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility Fund|Texas courts do not use ballot language to construe a constitutional amendment.|Ballot language of a proposed constitutional amendment is sufficient if it identifies the amendment, showing its character and scope, that is, its intent, import, subject matter, or theme.

Payment of costs incurred in a successful appeal to a zoning board as unconstitutional gratuity

School district's contract for legal services, under Texas Supreme Court test, would violate Texas Constitution article III, section 52(a) 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.|Texas Disciplinary Rules for Professional Conduct, to the extent that circumstances forming the basis for an alleged violation of the, suggest that an expenditure does not comport with the requirements of Texas Constitution article III, section 52(a), 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)|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.|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.||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.|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.|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).

Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for

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

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|Absent educational purpose, school district may not use public funds to transport students and employees to and from polling places|School district public funds may not be used to promote or oppose candidates or measures

Article III, section 52(a) prohibits gratuitous payment of public funds for private purposes|General law municipalities may exercise only powers specifically conferred on them by statute or constitution

Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1|Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7|Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects|Transportation Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects

School district's expenditure for a scholarship program under article III, section 52(a)|School district's expenditure for a scholarship program under Texas Constitution article III, section 52(a)|School district's expenditure for a scholarship program under Texas Constitution article II, section 52(a)

County education department's expenditure for a hurricane relief fund under article III, section 52(a)|County education department's expenditure for a hurricane relief fund under Texas Constitution article III, section 52(a)

Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasury|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 of the Texas Constitution|Trust fund abolished by later enacted bill, authority of state agency to expend monies received by fund|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|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

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|School district's authority to provide for health and safety of students

Online legal research services may be obtained using county law library fund under plan that also benefits private attorneys|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|Online legal research services for public under plan that also benefits private attorneys, law library fund may be used to obtain

County equipment, materials and labor, whether a county may maintain or work on private non-road property|Use of county equipment, materials and labor, whether a county may maintain or work on private non-road property|Dirt, authority of county to sell

Additional fees paid to a court reporter, a district and county court at law court reporter may be paid salary as well as compensated for additional work performed without violating article III, section 53 of Texas Constitution|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|Court reporter is not an officer for purposes of article XVI, section 61 of Texas Constitution|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 compensated for additional work performed without it being a violation of article III, section 53 of Texas Constitution|Transcript prepared by a court reporter, a county may be required to pay fees for a transcript when the county itself is a party to litigation or when transcript is prepared for indigent|Additional compensation|Additional work performed|Officer|Salary

Self-insurance, authority of hospital district to provide funds for self-insurance to charitable organization created on district's behalf|Self-insurance, whether a hospital district may provide funds for self-insurance to charitable organization created on district's behalf

Salary, a county may not pay a justice of the peace an amount over and above the justice's to perform an inquest or serve as a magistrate|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

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

Tax increment financing, a city may use a tax increment fund to pay a developer for environmental remediation, renovation, or facade preservation if they are "project costs"|Tax increment financing, a tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures from the tax increment fund; if an expenditure is|Tax increment fund is a public fund subject to article III, section 52|Tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures for the tax increment fund|Reimbursement, if a municipal expenditure is subject to Local Government Code chapter 252, the city would be precluded from reimbursing a person for costs incurred for work not performed pursuant to a competitively bid contract

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

Compensating suspended deputy or employee, as a county officer, a sheriff serving as tax assessor-collector has discretion to his suspend deputies and employees as well as the discretion to continue|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 \r\n\r\nSuspension with pay to county employees is gratuitous ex|Salary of county employees, county commissioners court sets when it adopts the county budget

A civil service commission may not grant a pay raise to municipal employees effective from the date of their last evaluation where no policy for such pay raise was in place prior to the evaluation, pursuant to Article 3, Section 53 of the Texas Constitution|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

County permanent school fund and available school fund, distribution among school districts in a county|School trust funds; distribution by commissioners court of corpus of the county permanent school fund among school districts in a county; distribution by county judge of the available school fund among school districts in a county|County permanent school fund and available school fund, distribution by commissioners court among districts in a county

Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may|University systems' board of regents may adopt a rule that establishes a dollar amount under which the university system may purchase printing services without competitive bidding|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|Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procure|Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure|Open market contract|Under such regulations as may be prescribed by law

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|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|City may not build publicly-funded seawall on private land absent an easement or other appropriate interest in the land|Owner may exclude others from his real property|Assessment on property to pay for public improvements that specially benefit the property are levied under taking power but are distinct from general property tax|Assessment, special assessment|Easement

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|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 \r\n52(a) of the Constitution|Reimbursement for certain expenses associated with service on a city council, a home-rule municipality may determine qualifying expenses |Schoolteacher

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|Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources

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|Streets, a county may use road bonds issued under article III, section 52(b) and (c) of the Texas Constitution to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Integral

Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to|Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve|Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a|Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to|Appointment of judges for the 444th and 445th Judicial District courts, Governor is required to make appointments as vacancy exists in each court

County funds, authority to fund water district|Water district, authority to fund |Fox Crossing Water District, Mills County's authority to fund

Water districts, valuation of real property offered for sale to lessee of property|Brazos River Authority, valuation of real property offered for sale to lessee of property|Fair market value

Hospital district’s authority to contribute funds to city for a building to house emergency medical services vehicle|Building to house emergency medical services vehicle, hospital district’s authority to contribute funds to city for a|Hospital district’s authority to contribute funds to city for building to house emergency medical services vehicle

Loan proposal that would require college and private lender to share risk of students defaulting on their loans and might require college to discount tuition must comply with statutory provisions regarding the reduction of tuition in chapter 54, Education Code|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

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|Extra compensation

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|Payment of civil penalty under chapter 707, Transportation Code, by school district, may not contravene article III, sections 51 and 52(a) of Texas Constitution if district is not liable but payment accomplishes public purpose|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

County vehicle, use of by county employee’s to transport a passenger who is not a county officer or employee

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|Sandy Land Underground Water Conservation District has broad statutory authority to transfer certain assets to individuals or other entities

State Board of Education, authority to pay attorney fees on a contingent basis out of recoveries of the corpus of the Permanent School Fund|State Board of Education, authority to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Attorney fees, authority of Board to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Permanent School Fund, authority of State Board of Education to pay attorney fees out of recoveries of the corpus of the Permanent School Fund

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|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

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

Tax increment financing, use by counties|County energy transportation reinvestment zones

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)

Attorneys fees, county may not reimburse private litigants for costs in suit involving county road right-of-way|County may not reimburse private litigants for costs in suit involving county road right-of-way

Permanent school fund, State Board of Education has authority to make any kind of prudent investment in managing assets of|Permanent school fund, Board has authority to make any kind of prudent investment in managing assets of

Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52|Municipal grants, cities authorized to offer a range of incentives for economic development, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, cities authorized to offer a range of incentives, expenditures must comport with article III, section 52 of the Texas Constitution|Economic development, city may issue bonds to fund provided that bonds issued in accordance with municipal charter and approved by the voters

Nonprofit, no-share corporation, whether municipality may sponsor|City commissioner may serve as director of nonprofit, no-share corporation provided he or she receives no compensation or other remuneration|Nonprofit, no-share corporation, city commissioner may serve as director provided he or she receives no compensation or other remuneration

Prekindergarten program, availability to children|Available school fund, children enrolled in prekindergarten classes are entitled to benefits of

Private nonprofit foundation, board of trustees authorized by statute to provide free office space if school purpose is served, but in order to comply with constitution must also ensure that transaction serves a public purpose, that consideration is adequ|Conflicts of interest, whether school trustee may serve on board of nonprofit corporation established to benefit school district, authority of school board to contract with business entity governed by board on which school district trustee serves|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

Distribution of extra interest to annuitants by Texas County and District Retirement System does not violate constitutional prohibition against grants of public funds|Distribution of extra interest to annuitants does not violate constitutional prohibition against grants of public funds|Distribution of extra interest to annuitants by Texas County and Retirement System does not violate constitutional prohibition against grants of public funds

Donation of salvage or surplus property by county commissioners court not unconstitutional|Salvage or surplus property, commissioners court may dispose of by donation

Travel expenses of forensic pathologist applicant, county commissioners court's authority to use county funds to pay|Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to pay

Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposal for|Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposal

School district's authority to sell paging device seized from student|Seizure of leased paging device in possession of student by school district|Due process, school district's seizure of leased paging device in possession of student|Paging device in possession of student, seizure of by school district|Property seized from student, school district's authority to use and dispose of

Interest|Accretion|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a of the Texas Constitution, disposition of|Oil and gas royalties received for depletion of highway rights-of-way, disposition of|State highway rights-of-way, disposition of oil and gas royalties received for depletion of|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

Service of process, collection|Service of process, collection of fees for|Service of process, permissibility of taxing fees as costs|Lending of credit, deferred collection of fees for service of process as|Lending credit|Loan of credit|Taxation of costs

Hotel-motel tax revenues, whether city may spend on George Bush Library at Texas A&M University|George Bush Library at Texas A&M University, authority of city to spend hotel-motel tax revenues on|Hotel-motel tax revenues, authority of city to spend on George Bush Library at Texas A&M University

Judge performing marriage for fee, whether public resources may be used in connection with|Judge's performance of a marriage is an official function|Marriage ceremony, justice may receive fee for performing|Judges, fee for performing a marriage ceremony|Honorarium

Easements, authority of district to use for recreational and environmental purposes|Tax and bond revenues, authority of district to use for recreational improvements|Contractual instruments, including easements, attorney general does not construe in attorney general opinions|Easements, authority of flood control district to use for recreational and environmental purposes|Tax and bond revenues, authority of flood control district to use for recreational improvements|Easements, authority of flood control district to use for environmental purposes

Election contest, county may not reimburse sheriff for legal fees incurred in defending|Contested election, county may not reimburse sheriff for legal fees

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

Hold and save harmless provision requiring county to indemnify another party for damages, application of restrictions on county debt|Hold and save harmless provision requiring county to indemnify another party for damages, application of constitutional restrictions on county debt|Hold and save harmless provision requiring county to indemnify U.S. Army Corps of Engineers for damages, application of constitutional restrictions on county debt

Attorney fees, common law authorizes governmental body to reimburse officer's or employee's in certain circumstances|Chief appraiser's attorney fees, board of directors of appraisal district may reimburse if authorized to do so by statute or under the common law|Chief appraiser prosecuted for alleged failure to notify landowners of change of use, appraisal district may reimburse attorney fees under common law if board makes certain determinations|Attorney fees of chief appraiser prosecuted for alleged failure to notify landowners of change of use, district may reimburse under common law if board makes certain determinations

County permanent school fund proceeds, investment in mortgage-backed securities at below-market interest rate incompatible with county commissioners' trustee duties|County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee duties

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"|Contracts, whether they may include "poverty level wage" requirement

Highway|Privately-owned street within city boundaries, city may not enforce traffic laws on|Private streets, city may not use public funds to enforce traffic laws on|Privately-owned street, state and local traffic regulations not applicable on

Longevity pay, court may set rate for sheriff prospectively\r\n\r\n|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas Constitution|Longevity pay, court may set rate for sheriff prospectively|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53

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)\r\n\r\n|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|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|City streets unconnected to county road system, commissioners court may expend county funds to improve if expenditure serves a county purpose in accordance with article III, section 52(a) of Texas Constitution\r\n\r\n|City streets unconnected to county road system, commissioners court may not expend proceeds of unlimited tax, county road or district road bonds issued under article III, section 52(b) or (c) of Texas Constitution on|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c) of Texas Constitution, commissioners court may not spend on city streets unconnected to county road system

Reimbursement by County Department of Education to county for county auditor's services, whether required by Texas Constitution|County Department of Education, audit of funds by county auditor without reimbursement to county|County Unit System

Conference registration fees and lodging expenses, county constitutionally may pay official's or employee's if commissioners court determines that the expenditure will serve a public purpose and attaches sufficient conditions to the expenditure|Salaries, county probably may not pay in advance of services being rendered|Public notices, county probably may pay publisher in advance of printing|Conference registration and lodging fees, county probably may pay|Public purpose, expenditure to private entity from county funds must serve and must be accompanied by conditions to ensure accomplishment of

Grants for economic development, authority of county commissioners court to make|Economic development grants that are the economic equivalent of a tax abatement, authority of county to make

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|Unconditional gifts or donations or public funds or resources to private entities prohibited

Back pay, school district may award to individual indicted, terminated, and subsequently acquitted and reinstated, but is not required to do so

Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 of Texas Constitution|Development Corporation Act of 1979, section 4B sales and use tax proceeds may only be used for project costs; they may not be used for "promotional purposes" unrelated to projects|Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52

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|Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants|Pretrial diversion, prosecutor generally may not offer in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants

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

Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas within|Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determine|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|County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant of

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|Funds donated to junior college for scholarships, because impressed with charitable trust, may be consolidated with funds held by private nonprofit foundation through court-proceeding substituting trustees of nonprofit for trustees of junior college, provided nature and character of funds remain the same

Deferred compensation|Early exit|Early exit plan for school district employees is authorized by sections 11.163 and 45.105 of the Education Code|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|Early exit plan for school district employees is not "deferred compensation plan" within the meaning of section 609 of the Government Code

Impermissible grant of public money, use of hot check fund to pay restitution that prosecutor, in error, failed to include in court order is|Hot check fund, statute does not permit prosecutor to use to pay restitution|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|Hot check fund, statute does not permit prosecutor to use to pay restitution to merchant|Hot check fund, use of to pay restitution that prosecutor, in error, failed to include in court order is impermissible grant of public money

Donation to school district, city may spend public funds only for a public purpose and a municipal purpose and may not make|City may spend public funds only for a public purpose and municipal purpose and may not donate funds to a school district

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|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|Scholarship fund for architectural examination applicants, Board lacks statutory authority to enter into a contract with a private, nonprofit organization to select scholarship recipients and disburse scholarship awards

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|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

Private roads in municipality, commissioners court may not enter into interlocal contract to maintain|Interlocal contract to maintain private roads in municipality, commissioners court may not enter into

County retirees' health insurance premiums, county may not pay unless the retirement plan is authorized by state law and is consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay unless authorized by state law and consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay if payment would constitute unbargained-for, retroactive compensation|Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") does not require or authorize a county to pay any portion of a retiree's health insurance premiums or to make health insurance coverage available beyond COBRA's mandatory time periods for co

Local government corporations, whether subject to the Act|Local government corporations, whether subject to Open Meetings Act|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|Local government corporations, whether subject to open government statutes and certain other statutes on contracting and purchasing

Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but such use is subject to constitutional limitations and to review by county auditor|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

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|Toll roads, Department of Transportation cannot grant state highway fund monies to Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue

Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when made|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|Accrued vacation and compensatory time, sheriff's deputies may not receive payment for time that accrued when county did not provide for such payment

Court-related purpose|Compensation of county court employee is "court-related purpose"|Compensation, retroactive increase in compensation for county employee is unconstitutional while prospective increase is not

Retired county employee, county may invite to participate in county's group health insurance program if retiree pay premiums under chapter 175 of Local Government Code|Retired county employee's health insurance premiums, county may not pay if, at time person retired, the county did not provide for payment of such premiums; county may not seek reimbursement of unconstitutionally paid premiums|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

Reimburse city for expenditure for gifts to legislators, where county did not participate in decision to make the expenditure and did not determine whether it could serve a county purpose, county may not|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

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|County funds, county may not transfer to nonprofit organization 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

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|Vending facilities on federal property, Texas Commission for the Blind is state agency designated to license blind persons to operate, and Commission does not violate state constitutional restrictions on use of state funds by contracting with federal gove|Vending facilities on federal property, Commission may contract with federal government to operate without violating state constitutional limitations on use of public funds

Authority to enact laws, impose taxes, raise revenue, and appropriate state funds is vested in legislature rather than the governor; governor may not increase or appropriate motor vehicle registration fees, but, in case of emergency, may act with legislat|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 the Texas Constitution|Motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may act with legislative budget board to redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of |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

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|Debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7|Museum, authority of county to acquire property by deed for purpose of operating as a museum, to lease property as a museum, and to agree to pay certain museum expenses for a fifty-year term|Lease of county property to a museum, whether county must lease pursuant to competitive procedures|County debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7 of the Texas Constitution

Sick leave pool, commissioners court may not create absent express statutory authority|Sick leave, commissioners court may not grant additional leave to employee who has exhausted sick leave unless authorized by preexisting policy|Retroactive compensation, county employee who has exhausted sick leave may not receive additional sick leave unless commissioners court has preexisting policy permitting

Bonds or obligations of the United States|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-1of Texas Constitution permi|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

Fire prevention district or volunteer fire department, authority of county to fund|Fire prevention district or volunteer fire department, authority of county to contract with|Fire prevention district, authority of county to contract with

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|Community-based services to mentally disabled person, authority of state agency to enter into contract for provision of with person's parents, sufficiency of consideration|Contract for provision of community-based services to mentally disabled person, authority of Department to enter into with person's parents, sufficiency of consideration

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 |Lending of credit, county does not violate constitutional 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|Lending of credit, state 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 (1986) to|Lending of credit

County employees and equipment, whether county may authorize use of to transport agricultural commodities for a community action organization

Bonus or salary increase to prosecutor's employees, prosecutor may not use drug-forfeiture funds to pay without commissioners court's approval and unless bonus plan approved as part of compensation before services are rendered|Drug forfeiture funds, prosecutor's use of to provide his or her employees bonuses or salary increases is limited|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

Division of powers between municipality and independent school district, article III, section 52-a does not overcome case law establishing|Municipality may not finance acquisition of school facility to be leased by school district solely for educational purposes|School district, municipality may not finance acquisition of facility for lease by to be used solely for school district purposes|Municipality may not finance acquisition of facility for lease by school district to be used solely for school district purposes

With respect to specified programs authorized by section 381.004 of the Local Government Code for stimulating business and commercial activity in a county, the limitations on tax abatement agreements stated in subsection 381.004(g) do not apply to loans and grants made pursuant to subsection 381.004(h).

Loan and grants authorized by subsection 381.004(h) must comply with sections 52(a) and 52-a of article III of the Texas Constitution. Section 7 of article XI of the Texas Constitution may also impact how such loans and grants are structured, depending on the circumstances.

Subject to these constitutional limitations, subsection 381.004(h) leaves the duration and amount of economic development loans and grants to the commissioners court's budgetary discretion in the first instance.

A sheriff may donate Code of Criminal Procedure article 59.06 forfeiture funds to a county service center without violating Texas Constitution article III, section 52(a) if the donation serves a public purpose with sufficient controls to ensure accomplishment of  the public purpose and will provide a return benefit to the public.

A county’s payment of an amount owed under a contract for services required by that contract does not violate Texas Constitution article III, section 53, nor is an amended contract supported by sufficient additional consideration in violation of that constitutional prohibition.

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.

Constitutionality of paying a one-time bonus to administrative staff of county’s justices of the peace

Authority of a county to use tax revenue to pay a supplement to a hospital district in the county.