Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A fee uniformly charged to all online means of payment by an arms-length third-party vendor, a court is likely to conclude that, does not violate the surcharge prohibitions of Finance Code subsection 339.001(a) or Business and Commerce Code section 604A.002. Whether a rental property owner or operator and a third-party vendor of online payment processing services have a true arms-length relationship is a question of fact that cannot be answered in the opinion process.KP-095
Abstract of judgment for nonpayment of costs, clerk may not file against real propertyLO94-085
Abstract of judgment may constitute cloud on judgment debtor's title to homestead property located in county where abstract is recorded but cannot in itself constitute slander of homestead titleDM-0366
Accrual of penalty and interest on delinquent ad valorem taxes after county purchases real propertyGA-0973
Amount specified in the Charitable Raffle Enabling Act, the cap on the value of a residential dwelling that has not yet been constructed and that is offered or awarded as a prize at a raffle for which a qualified organization provides any consideration is theGA-0837
Apartment building employees, license required to engage in structural pest control as defined in section 1951.003 of the Occupations Code by applying pesticides to the apartment landscapeGA-0414
Both the Texas and United States Supreme Courts have determined that the constitutional rule against impairment of contracts may yield to statutes that serve a significant and legitimate public purpose.GA-1054
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 ConstitutionGA-0599
Cemeteries, property dedicated as a cemetery must be used as a cemetery unless and until the dedication is removedJC-0235
Contract Clauses of the Texas and United States Constitutions, property owners' association covenants are treated as contracts between parties under Texas law and are therefore protected byGA-1054
Copying of real property plats, clerk who wishes to regulate should promulgate rules, but validity of any particular rule is a question of factGA-0400
Developer, municipality may require payment bond but not performance bond ofLO90-108
Easements, authority of flood control district to use for recreational and environmental purposesDM-0420
Electronically generated real estate filings, a county clerk has no authority to accept or paper copies thereof and cannot be liable for civil penalty for refusingGA-0228
Equipment used to produce minerals on mineral leasehold estate, whether appraised as real property or personal propertyDM-0438
Fact question beyond the purview of an attorney general opinion. Whether any particular set of circumstances will result in liability is aGA-1027
FHA appraisals, authority of real estate appraiser to complete valuation conditions form forJC-0271
Finder's fee, commissioners court may pay to person who locates buyer for county-owned real property sold at auctionJM-1262
Forcible entry and detainer actions, rules for issuance and service of citation do not apply to suits for rent that are joinedDM-0358
Homeowner association dues, Type-A municipality not authorized to collectKP-171
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
Instrument accepted for recording under Property Code section 12.011(b)(2), indexing ofGA-0702
Leased fee and leasehold estates, relationship to fee simple estateLO98-082
Liability of owners, lessees, or occupants of real property who permit recreational use of the land, circumstances in which statutory limitation on appliesLO94-094
Lien for public improvement district assessment created by statute may be enforced by foreclosure of a homestead provided that the lien predates the date the property became a homestead and the amounts to be collected fall within the lien's scopeGA-0237
Merge, leased-fee estate and leasehold estate upon purchase of fee-simple estate by current lesseeLO98-082
Navigation district may purchase real property if useful to district or in aid of navigationLO92-049
Owner may exclude others from his real propertyGA-0528
Patent, federal government's condemnation power applied to real property that original owner acquired byLO96-122
Private transfer fee obligations under Property Code section 5.203 - consequences of failing to comply with requirements for continuation of existingKP-195
Property owners' association may assess additional fees or raise existing fees for services without membership approvalLO96-123
Property owners' association, authority to foreclose on homestead in order to collect costs incurred enforcing deed restrictionsLO97-019
Property reappraisal procedures following a disasterKP-192
Recreational vehicle parks as property subject to criminal trespass statuteGA-0606
Rent action, citation must be served in compliance with rules for issuance and service of citation in ordinary civil proceedingsDM-0358
Restrictive covenant, in order to be enforceable, the grantee must have had notice, either actual or constructive, of the Foreclosure, a lien that resulted from a covenant that does not run with the land is not subject toGA-0864
Retroactive laws, construction of statute prohibiting certain deed restrictions asGA-0780
Sale of building located on a city street to a private entityGA-1084
Subdivision deed restrictions modifications instituted by property owners' association, property owner may not exclude owner's property from by filing acknowledged exclusion statementJC-0401
Surplus federal real property, authority for state, cities, and counties to acquireLO92-058
Third-class road, property owner has no authority to install gate if county has installed cattle guardsLO95-065
Mineral Estates and Interests
Fee simple, grant of land is construed as grant of estate in unless conveyance is expressly limitedJM-1170
Tax Code section 34.05 authorizes a taxing unit to resell property acquired at a tax foreclosure sale and provides a specific method for doing so that does not allow for the reservation of any property interests in the resale deed. Thus, a court would likely conclude that section 34.05 does not authorize a taxing unit to reserve mineral interests on property it acquired at a tax foreclosure sale if it holds such interests at the time the property is resold.GA-1072
Tax Code section 34.05 contains no language authorizing a taxing unit, by itself or on behalf of other taxing units, to reserve any interest when reselling a property it acquired at a tax foreclosure sale.GA-1072
Tax Code section 34.05 refers to "the right, title, and interest acquired or held," which plainly means all of the rights, title, and interests acquired or held by each taxing unit. The phrase "acquired or held" can be read to suggest that the rights, title, and interests originally acquired by a taxing unit at the tax foreclosure sale may be different from what is held by a taxing unit at the time the property is resold.GA-1072
The plain language of Tax Code section 34.05 requires that all rights, title, and interests held by the taxing unit at the time the property is resold must be conveyed in the deed.GA-1072
Working interest in an oil and gas lease appertaining to surface property that crosses a county line, each county must separately determine the market value to the interest only as it pertains to surface property located in the county according to accepteJC-0436
Taxes and Exemptions
Ad valorem property tax deferral on mixed-use propertyKP-081
Ad valorem property tax exemption for higher education institutionsKP-066
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 determinationsDM-0488
Chief appraiser, initial determination about eligibility for tax exemption rests withGA-1092
Chief appraiser, initial determination about eligibility of tax exemptions rests withGA-0827
Church, real property purchased in middle of tax year is not exempt from ad valorem taxationLO96-062
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 effectiveGA-0122
Homestead exemptions, whether blind property owner qualifies for additionalLO95-060
Market value of real property that receives productivity valuation, appraisal review board may correct if erroneousLO94-019
Rendition, a property owner who renders land and improvements separately is not entitled, as a matter of law, to have the land and improvements organized into separate taxpayer accountsGA-0790
Rollback tax, if agricultural land acquired by state subject toDM-0448
Rollback taxes after change in use of land receiving agricultural appraisalLO95-054
Tax Code sections 33.06 and 32.065, a deferral to pay taxes on a residence homestead for a property owner age 65 or older also prohibits a property tax lender from exercising a remedy of foreclosure or judicial sale until the 181st day after the date the individual no longer owns and occupies the property as a residence homesteadGA-0787
Tax exempt property, tax exempt status of leasehold interest inGA-0827
Tax exemption for property equitably owned by charitable organizationGA-1092
Taxpayer account, the chief appraiser determines whether land and improvements are combined into a single taxpayer accountGA-0790
Travel trailers, whether travel trailer located on land of another may be taxed as an improvement to real propertyJC-0282
Valuation methods for calculating "net to land" in determining appraised value of open space land, constitutionality ofDM-0355
Waste disposal site for materials dredged from Intercoastal Waterway, property used as may not be exempted from taxationDM-0301
Whether multiple parcels of land may constitute "residence homestead" is question of factGA-0752
Youth-development-association-use tax exemption, qualification of agricultural open-space land for does not constitute a change of use triggering rollback tax when property still used for agricultural purposesJC-0299