Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Advanced clean energy projects, neither section 11.21(k) not section 26.045(f) of the Tax Code restricts the rule-making authority of the Texas Commission on Environmental Quality to only those pollution control facilities, devices, or methods associated withGA-0587
Air and water pollution laws, county's authority to enforceLO97-085
Air Control Act, construction of provisions regarding notice of intent under the Act to apply for permit to relocate portable facility and regarding exemption of existing concrete crushing facility from statutory limits on locationJC-0493
Assured-isolation facility for low-level radioactive waste, development in Texas would comply with requirements of Texas Low-Level Radioactive Waste Disposal CompactJC-0052
Building energy efficiency performance standards enforceable in unincorporated areas of state on September 1, 2001JC-0457
Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housingDM-0485
Compliance history rule of Natural Resource Conservation Commission that includes facts of regulated entity's compliance history dating from before its effective date is consistent with enabling law and is not unconstitutional as a retroactive lawJC-0515
Concentrated animal feeding operation, regulation ofLO97-085
Dredging easement from General Land Office, holder of not required to obtain permit from Parks and Wildlife Department for disturbances of marl, sand, gravel, shell, or mudshellJM-1190
Easements, authority of flood control district to use for environmental purposesDM-0420
Edwards Aquifer Authority, rule-making powers, authority to promulgate a rule prohibiting the granting of permits and contracts to recharge facilities built before September 1, 1993; authority to specify an action that constitutes an "unreasonable denial"GA-0708
Extent to which the Texas Commission on Environmental Quality must consider recommendation from local government to deny a Standard Permit under Texas Clean Air ActKP-190
Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadlineGA-0072
Hazardous chemicals information to "employees," students are not per se "employees" for purposes of statute requiring employers to supplyDM-0239
Hazardous waste generated in foreign country, ban on importation into Texas violates Commerce ClauseJC-0017
Hazardous waste, taxing unit may not reduce amount of delinquent taxes owed on real property withLO96-099
Impact fee imposed upon interstate and foreign operators of barges delivering petroleum products but not upon intrastate operators of barges delivering petroleum products is unconstitutionalJM-1258
Impact fees, Local Government Code section 395 does not give a political subdivision or governmental entity, other than school districts, discretion to not pay required feesGA-0821
Landfills exempt from state law permitting requirements, authority of county to enforce ordinance regulatingLO93-109
Lead cleanup standard of the state, if an applicable or relevant and appropriate requirement. or ARAR, under CERCLA, the EPA, undertaking any remediation action at the site, must adhere to the state standardGA-0290
Microwave ovens used in commercial food vending service, authority of Department of Health to inspect and regulateLO95-045
Oil Filed Cleanup Fund used to control or cleanup oil and gas wastes, other substances or materials that are causing or are likely to cause pollution of surface or subsurface waterGA-0294
On-site sewage facilities, whether municipal authority to regulate is preempted by Natural Resource Conservation CommissionDM-0343
Onsite sewage facilities, Natural Resource Conservation Commission's authority to require owners to have ongoing maintenance contractsJC-0440
Ownership of land or litter not relevant to offense of dumping solid waste at unauthorized siteLO94-086
Pollution control equipment property tax exemption, waste treatment business not entitled toLO96-128
Pollution-control property, scope of exemption from ad valorem taxationJC-0372
Pollution-control statutes and rules, statute authorizing state agency to grant exemptions to does not violate constitutional suspension of laws, separation of powers, or local or special law provisionsDM-0474
Refrigerants, a manufacturer, retailer, rebuilder, or installer of manufactured homes need not be licensed or registered in order to purchase under the Air Conditioning and Refrigeration Contractor License LawJC-0303
River authority not authorized to compel septic tank users to connect to sewage disposal systemJC-0162
Subject to constitutional restrictions, real property is generally located in districts created by special law rather than in districts to which the real property was previously annexedGA-0792
Vehicle emissions inspection station or inspector, quality assurance officer who temporarily suspends license of without a hearing does not violate due process rightsDM-0414
Wetlands mitigation program, Harris County Flood Control District not "political subdivision" for purpose of institutingLO93-002