Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Alternate members, organization may not on its own provide forLO90-091
Assessment lien on real property, not enforceable against homesteadJC-0386
Authority of a public utility agency to impose impervious cover limits on private entities involves fact questions beyond scope of attorney general opinionKP-178
Authority to lease real property to a private entity to operate a bank, restaurant, or drugstoreLO96-057
City council, member of council may not appoint himself to board of directors of crime control and prevention districtJC-0474
Commissioner of a county housing authority may not receive frequent flier miles, authority may require mileage statements and may sell mileage creditsJM-1204
Conservation and reclamation district operating under chapters 49 and 65 of the Water Code, person who purchases water from but who resides outside district's boundaries is ineligible to vote in electionGA-0151
Council member of creating city not barred from simultaneous service on board of tax increment reinvestment zoneGA-0169
County auditor is not required to audit special district accounts under provision relating to accounts of "district" officialsLO93-025
County development district projects are limited to those that will attract tourism to the countyJC-0291
County development districts lack authority to levy ad valorem taxesJC-0291
Creation of district requires landowner petition requesting establishment, municipality may not create district in absence of petitionLO96-129
Dallas County Commissioners Court should continue to appoint directors of Dallas County Levee Improvement District No. 1LO92-032
Dual office holding by individual simultaneously serving as member of the board of directors of the Agua Special Utility District and as a member of the board of trustees of South Texas CollegeGA-0786
Electronic communications could, depending on the facts of a particular case, constitute a "meeting" for purposes of the Texas Open Meetings Act.GA-0896
Emergency services district, Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as commissioner of an emergency services district and a county constableGA-1036
Eminent domain, a municipal management district has the power of only if conferred expressly or by necessary implicationGA-0268
Exclusion of town of Barstow from Ward County Irrigation District No. 1LO97-099
Governance of the Logan Slough Creek Improvement DistrictGA-0756
Gulf Coast Waste Disposal Authority is not a soil and water conservation district for purposes of article XVI, section 40, Texas ConstitutionJC-0095
Gulf Coast Waste Disposal Authority, director of is subject to local public officer conflict of interest statuteLO98-124
Home rule city lacks authority to exempt from common-law doctrine of incompatibility city council's appointments to board of AuthorityJC-0225
Housing Authorities - Municipal authority to appoint a city council member as an ex officio member of a housing authority board of commissionersKP-006
Housing authority (municipal, county, or regional) created under chapter 392 of the Local Government Code, subject to Open Meetings ActDM-0426
Houston City Council does not have oversight responsibilities over county-city authority, except to approve issuance of bonds and other obligationsDM-0454
Informational meeting consisting only of invitees, Sulphur Basin River Authority may hold where quorum of Authority board is presentGA-0098
Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agenciesDM-0202
Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-visJC-0459
Loan funds and pledge unencumbered collateral, authority toLO96-130
Local Government Code chapter 377 - whether a particular project qualifies as a development project under chapter 377 is a question of fact inappropriate for an attorney general opinionGA-1058
Local government policy that prevents cooperation with the federal government regarding a personís immigration status, likely preemptedGA-0699
Montgomery County Town Improvement District lacks authority to contract with city to provide general law enforcement services outside the city's jurisdictionGA-0150
Municipal drainage utility charge, school districts subject toGA-1080
Open meetings notices, county clerk is authorized to charge a reasonable fee a water district or other district or political subdivision to receive and postGA-0152
Open meetings notices, county clerk may not charge a fee to governmental bodies to retainGA-0152
Parking fees at airport operated by joint airport board, holder of special parking permit for disabled not required to pay in certain circumstancesLO96-055
Penalties and interest due on delinquent taxes may not be waived by district absent express statutory authorityLO93-058
Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility AuthorityGA-0885
School district, director of improvement district with boundaries overlapping, may not serve as trustee ofGA-0307
Taxation of water-oriented recreation equipment rentals, whether marina may avoid by reorganizing as a private clubLO97-036
Taxes imposed byLO90-098
Board members, time within which members must be appointedGA-0621
Dissolution, an airport authority may not dissolve without legal authorityGA-0621
Dissolved, an airport authority is not dissolved because of nonuse of functions or failure to appoint board of directorsGA-0621
Governance, continued operation of airport by joint board after creation of airport authorityGA-0621
Appraisal and Assessment
Frequency of appraisalsGA-0740
Referendum and initiative, authority of residents of appraisal district to petition to conduct appraisals no more often than once every three yearsGA-0740
Appraisal Districts
Allocation payment method, whether and with what effect governing body of taxing unit and chief appraiser may agree to different method than provided by Tax CodeLO95-062
An appraisal district's participating taxing units may utilize Tax Code section 6.10 to disapprove the amendment of a budget by an appraisal district board.GA-1040
An expenditure to which an appraisal district is bound is an expenditure that is obligated to be spent under Tax Code subsection 6.06(j).GA-1040
Appraisal district review board, ineligibility of certain former government officers and employees for appointment toDM-0462
Appraisal protest hearings, an appraisal review board that has not received a written notice of protest for the property may not preschedule a hearing on the propertyís appraisalGA-0311
Assessor-collector who serves as nonvoting member of appraisal district board is counted in determining presence of quorum, and may also serve as board officer, and may make and second motions if the board gives him that authorityJC-0580
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 determinationsDM-0488
Chief appraiser, initial determination about eligibility of tax exemptions rests withGA-0827
Code Construction Actís general savings clause for appraisal districts with overlapping territory and tax years prior to 2008, operation of former section 6.025 of Tax Code is preserved by theGA-0631
Contract with an appraisal company that employs the chief appraiserís son, whether the chief appraiser is disqualified on the basis of under Tax Code section 6.035(a) or whether such a contract is prohibited under Tax Code section 6.05(g) GA-0627
Corrective motions and taxpayer protests filed within the applicable deadlines concerning the appraisal of property for a tax year prior to 2008, appraisal district operating in its extended boundaries under former section 6.02(b) retains authority to hear and determineGA-0631
District's authority or mechanism to fund pending out-of-county litigation, statutory changes to section 6.02 of the Tax Code which provides that appraisal district boundaries are the same as county boundaries do not abrogateGA-0590
Early payment discount, an independent school district may offer such a discount regardless of the entity that collects its taxes beginning with the 2005 tax year for some districts and the 2006 tax year for othersGA-0373
Emergency 9-1-1 service, whether appraisal district is authorized to maintain and provide information for the provision of, and liability of governing bodyLO95-035
Emergency services, appraisal district may not assign official addresses to rural property for provision of 9-1-1 emergency servicesLO94-016
Employee bonuses, whether board of an appraisal district may award when not included in budget for particular fiscal yearLO94-067
Extended boundaries by operation of section 6.02(b) of Tax Code, appraisal district retains authority to hear and determine pending corrective motions and taxpayer protests concerning property that relate to the 2007 or prior tax year in its GA-0631
Improvements and repairs to residence homestead after natural disaster, valuing for purposes of statute limiting tax a school district may collect from senior and of statute capping appraised valueGA-0091
In-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is a prohibited ex parte communicationGA-0556
In-house counsel, whether the same attorney may also advise the appriasal review board for that districtGA-0556
Incompatibility prohibits chief appraiser from simultaneously serving as chair of appraisal district's board of directorsLO90-045
Lease of real property by appraisal district does not require approval of governing bodies of three-fourths of taxing unitsJM-1197
Lease-purchase of county building by appraisal district, statutory procedures applicable toLO96-053
Legal counsel to appraisal district, individual who serves as is ineligible for appointment to appraisal review boardJC-0192
Market value of real property that receives productivity valuation, appraisal review board may correct if erroneousLO94-019
Nepotism provision prohibiting a chief appraiser from employing the close relative of an appraisal district director, the continuous employment in the general nepotism statute, Government Code chapter 573, does not applyGA-0187
Office must be physically located within the county for which the district is established unless it is a branch office or the appraisal district has entered an interlocal contract with another appraisal districtGA-0681
Overlapping appraisal districts must enter in the appraisal records the lowest value, appraised and market, for property in their shared jurisdictionsGA-0283
Performance of appraisal functions, Tax Code provision authorizing appraisal district to contract for does not authorize lease of office spaceJM-1197
Performance of appraisal functions, Tax Code provision authorizing appraisal district to contract for does not require such contracts to be approved by governing bodies of three-fourths of taxing unitsJM-1197
Proposed salary increase that operates prospectively from the time of its proper authorization is likely not unconstitutionalGA-1040
Realtor for seller of property to appraisal district, it is a question of fact as to whether member of district board violates either Local Government Code or Tax Code conflict of interests provisions by acting asJM-1187
Regent of junior college district, member of appraisal district review board may not also serve as if junior college district within jurisdiction of review boardLO92-074
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
Retirement plan, whether district may createJM-1142
Service on board of county appraisal district that appraises property within boundaries of river authority would not be incompatible with service on the board of river authorityDM-0047
Subsection 11.13(l)(2)(B), Tax Code - A court would likely construe to refer to an owner's temporary residence in an establishment set up to assist persons with overcoming illness or injury, or with needs related to physical or mental weakness or growing old, through a wide range of activities, regardless of whether the owner receives such servicesKP-147
Surplus funds remaining at end of fiscal year, whether funds may be carried forwardLO94-067
Tax appraisal district lacks authority to alter boundary lines or detach and annex property from school districtKP-175
Tax Code section 6.06 permits amendments to the proposed budget of an appraisal district after the public hearing process and before final approval of the budget, and the fact that a particular line item is not "prepared in the proposed budget" by the deadline is not by itself fatal to the budget process.GA-1040
Tax Code subsection 6.06(j) requires that "payments made or due to be made by the taxing units" should be included in the excess-funds calculation and returned or credited back to the taxing units.GA-1040
Taxpayer account, the chief appraiser determines whether land and improvements are combined into a single taxpayer accountGA-0790
Aquifer Authorities
Board of directors of Edwards Aquifer Authority, common-law doctrine of incompatibility applies to each governmental body that appoints members toLO94-020
Dual office holding and incompatibility of offices, application to board of directors of Edwards Aquifer AuthorityLO93-070
Edwards Aquifer Authority authorized to borrow funds for initial operating expenses and to repay loan from permit fee revenuesLO97-012
Edwards Aquifer Authority's power to reduce withdrawal amounts listed in permits issued to irrigation users and to persons who have operated wells for three or more years during the statutory historical periodGA-0498
Open Meetings Act, committee of Edwards Aquifer Authority subject to when majority of board members attends meeting of committeeJC-0313
Resign-to-run provision in chapter 49 of the Water Code applies to directors of Edwards Aquifer AuthorityJC-0006
Crime Control and Prevention Districts
Budget for the district, the creating political subdivision cannot adopt without district participation and approvalGA-0262
Funds must be deposited in a special account in the creating political subdivision's depositoryGA-0262
Drainage Districts
Board membership eligibility statute requiring candidate to be land owner in district is unconstitutional if requirement does not rationally serve a legitimate state purposeDM-0484
Boundaries of another district, a conservation and reclamation district may generally conduct works within, except under certain circumstancesGA-0961
Brazoria County Commissioners Court constitutes governing board of West Brazoria County Drainage District and may set tax rate and call electionDM-0140
Commissioner of a drainage district, article XVI, section 40 of Texas Constitution prohibits a compensated, part-time, municipal judge from simultaneously serving as aGA-0841
Impact fee, whether college may elect not to payLO93-060
Municipality, drainage district shares authority to take action regarding flood waters and drainage withLO98-096
Peace officers, city police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic vioJC-0530
Petition for dissolution of drainage district, commissioners court has no authority to permit withdrawal of petition and must call the required electionLO96-026
Economic Development
Local Government Code section 505.152 - Court could conclude that funding for a private radio station's building renovations and equipment upgrades is not of the same kind or class of project as those projects expressly authorized by section 505.152GA-1050
Local Government Code section 505.152 - Court would likely conclude that funding for a city-owned pavilion is of the same kind or class of project as those projects expressly authorized by section 505.152GA-1050
Under Local Government Code subsection 501.103(1), "site improvement" should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.KP-065
Emergency Communication Districts
Allowable operating expenses are not limited to items "attributable to designing a 9-1-1 system and to all equipment and personnel necessary to establish and operate a public safety answering point and other related answering points" but are limited to itJC-0410
Regional 9-1-1 service plan, whether emergency communication district may unilaterally withdraw fromDM-0494
Emergency Services Districts
Commissioners court may appoint member to governing board of emergency services district on date prior to January 1 of the year the term of office beginsGA-0941
Election to confirm district's creation may not also authorize levy of sales and use taxGA-0242
Election to confirm district's creation must authorize levy of an ad valorem tax at any rate not to exceed the maximum rate allowed by Texas Constitution article III, section 48-eGA-0242
Emergency Services Districts are authorized to conduct a future election to, upon approval of its voters, abolish its sales and use tax or change the rate of a sales and use tax.KP-084
Fire alarms and false alarms, district lacks authority to regulateJC-0275
Fire code adopted by district may not conflict with fire codes of cities, counties, and other political subdivisions with overlapping territoryJC-0275
Next available date to hold election to create emergency services district in Navarro County is November 6, 2012GA-0925
Pursuant to Health and Safety Code chapter 775, two emergency services districts may overlap in territory but may not provide duplicative services in any territory where they overlapGA-1022
Rate of taxation, if proposed district in county with a population of 125,000 or less will overlap with rural fire prevention district, county commissioners court is limited to ordering an election to authorize a two-cent ad valorem taxJC-0392
Rate of taxation, limitation on tax in district that will overlap with rural fire prevention district is constitutionalJC-0392
Sales and use tax, district board, not commissioners court, may call election to authorizeGA-0242
There is no relevant statutory provision authorizing the Emergency Services District #7, the East Montgomery County Improvement District, or the Economic Development Zone #4 to retroactively exclude from the May 2015 election territory, with a tax rate that when combined with the increased tax rate from the election, exceeds the two percent statutory cap on sales and use tax rates.KP-084
Flood Control Districts
Common-law incompatibility doctrine abrogated by statute governing membership on boardLO96-064
County roads and highways, right of Harris County Flood Control District to build flood control works acrossLO93-011
Easements, authority of district to use for recreational and environmental purposesDM-0420
Tax and bond revenues, authority of district to use for recreational improvementsDM-0420
Wetlands mitigation program, Harris County Flood Control District not "political subdivision" for purpose of institutingLO93-002
Groundwater Conservation Districts
"Public water supply well" exemption, application of exemption to well drilled and capped but not put into production until after statutory deadlineGA-0072
Bandera County River Authority and Groundwater District board of directors' interests in certain businesses, whether Local Government Code chapter 171 requires disclosure of and whether Water Code section 49.052 may disqualify them from servingGA-0337
Confirmation election, county is not authorized to pay for the election and may not make a donation or grant to district for that purposeJC-0444
Constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of groundwater conservation district GA-0540
School trustee barred from simultaneously serving as board member of groundwater conservation district with population of less than 50,000 where geographical boundaries overlap and where both have taxing authorityJC-0557
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
Two enactments of the 82nd Legislature, House Bills 3109 and 2702, may be harmonized in such a manner that House Bill 3109 prevails and thus amends section 36.121, Water CodeGA-0904
Voting on a rule, whether chapter 171 of the Local Government Code required two board members of a groundwater conservation district to disclose their interests and abstain from voting on a district ruleGA-0796
Hospital Districts
A person may not serve as a member of the board of trustees of the La Vernia Independent School District while simultaneously serving as a member of the board of the Wilson County Memorial Hospital District.KP-023
Ambulance service, whether required to provideGA-0472
Any joint venture contemplated by a charitable organization created under Health and Safety Code section 281.0565 must strictly comply with Texas statutesGA-1071
Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health mattersGA-0757
Applications for renewal of medical staff membership or privileges for doctors, podiatrists and dentists, a hospital district board, as the governing body of a hospital, may not delegate its duty to take final action onGA-0102
Boundaries of Hamilton Hospital District established in authorizing legislation as coextensive with commissioner's precincts of county do not change with redistricting of precinctsDM-0186
Building to house emergency medical services vehicle, hospital districtís authority to contribute funds to city for aGA-0721
Charges for patient care, authority of hospital district board of managers to decide how they will be determinedLO98-024
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
Closure, hospital district authorized to close hospitalJC-0220
Conflicts of interest, members of hospital district board of managers who serve on board of health maintenance organization created by hospital district must comply with chapter 171 of Local Government Code whenever participating in hospital district voteJC-0407
Construction of building and lease to private physicians in order to attract practitioners to rural, underserved area, permissibilityLO97-068
County hospital district board of managers may hire outside attorney without approval of county attorney and may exclude county attorney from closed session of board meetingLO97-017
County hospital district board of managers' action to lease hospital facility, commissioners court has no authority regardingLO97-017
County medical examiner's office, hospital district may not fund salary and expenses of (Affirmed by Tex. Att'y Gen. LO-97-004)LO95-088
Credentialing, a hospital district board may delegate the credentialing of its allied health professionals such as advanced practice nurses, physicians assistants, and perfusionists or autotransfusionistsGA-0102
Dental clinic, whether hospital district may close and financial responsibility for indigent dental care after closingDM-0037
Dissolution election, special law hospital district not authorized to holdJC-0220
Dissolution, duties of San Patricio County Commissioners Court with respect to cash, accounts receivable, delinquent taxes and medical records of former Taft Hospital DistrictLO93-049
Dissolution, point at which duty to provide indigent health care transfers to county, distribution of unused tax moniesLO95-007
Dissolution, transfer of hospital district funds to city uponJC-0268
Dissolution, whether election required to approveJC-0268
East Coke County Hospital District has authority to operate a long-term health care facility and to levy taxes to maintain and operate itGA-0467
Emergency medical services and First Responder services are not medical care within hospital district's exclusive provinceJC-0420
Fees for retrieval and copying of health care information, whether hospital districts may charge statutory fees in excess of charges established by General Services Commission under Open Records ActLO96-001
Funding for construction of international cultural center at state university, Lubbock County Hospital District has no authority to provideLO93-034
Harris County Hospital District Board of Managers, voting procedures pursuant to Robert's Rules of OrderGA-0412
Health maintenance organization established by hospital district, HMO board not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcommJC-0407
Hospital district that has not adopted a rate or levied a tax in the prior year, Tax Code does not provide a special method for a tax rate to be adopted by such a districtGA-0798
Housing expenses of visiting Army medical personnel working for hospital district on temporary basis, authority of county hospital district to payLO98-024
Incompatibility of offices, members of board of health maintenance organization ("HMO") established by hospital district are not public officersJC-0407
Indigent health care, a hospital district or the private entity that contracts with a district to provide may not require an uninsured applicant to obtain insurance as a prerequisite to receiving the careGA-0198
Indigent hospital and medical care, closure of district hospital does not relieve hospital district of its liability to provideJC-0220
Indigent inmates, duty to provide health care forDM-0380
Inmate's medical expenses, county, not hospital district, liable for when inmate not indigentDM-0413
Interest rate hedge contract, hospital district does not have authority to execute derived from its authority to issue bondsJC-0068
Lease of hospital district building to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose"DM-0066
Lease, Chambers County Hospital District may enter into to operate part of hospital facility as drug treatment centerDM-0131
Lease, hospital authorized to lease hospital facilities to private entity for operation of clinic to provide medical care to the district's needy inhabitantsJC-0220
Legal counsel, hospital district may employ to represent district and, if interest of district is at stake, its officers and employees (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)DM-0107
Maintenance and operation tax, hospital district may continue to levy and use proceeds to pay expenses for indigent hospital and medical care after closing hospitalJC-0220
Matters involving the interests of both the hospital district and HMO created by district, HMO board members who are members of the board of managers of hospital district must also faithfully carry out their duty to HMO when participating inJC-0407
Maverick County Hospital District - It is likely that a court would conclude that the position of vice chairperson on the board of the Maverick County Hospital District is valid.KP-062
Maverick County Hospital District, Board member of, not prohibited by Texas Constitution article XVI, section 40(a), from serving the county in other official capacitiesGA-1075
Maverick County Hospital District, board member of, not prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility from simultaneously serving as the Maverick County treasurerGA-1075
Maverick County Hospital District, board member of, whether simultaneous service as a commissioner of a housing authority is prohibited by the conflicting loyalties aspect of the common-law doctrine of incompatibility where the two entities have contracted with each other, depends on whether holding both offices is detrimental to the public interest or whether the performance of the duties of one interferes with the performance of those of the other. Such a determination is a factual inquiry that cannot be resolved through the opinion process.GA-1075
Maximum tax rate, hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to consider raisingJC-0247
Medical peer review committee, exemption from open meetings act for governing body of hospital district acting asJC-0108
Nonemergency public health care services, section 285.201 permits, but does not require, hospital districts to provide to undocumented persons otherwise ineligible for those benefits under federal lawGA-0219
Nonindigent medical care, contract payments to private hospital organization forJC-0434
Nonprofit association, Dallas County Hospital District may not become dues-paying member ofDM-0029
Office of trust, uncompensated member of hospital district board of directors holdsLO96-107
Operating funds for indigent medical care services, county must transfer to newly created hospital districtGA-0353
Physician contractGA-0472
Prevailing wage law complaints, board member of hospital district who is president of local union council not prohibited by chapter 171 of the Local Government Code from participating in "good cause" determinations ofJC-0210
Private imaging business, authority to house and manageGA-0546
Purchases and contracts, county commissioners court may delegate to county purchasing agentLO94-050
Sale and lease back of hospital facility, Hospital Districtís authority toGA-0945
Self-insurance, authority of hospital district to provide funds for self-insurance to charitable organization created on district's behalfGA-0188
Single member districts, hospital districts created under chapter 286 of the Health and Safety Code may elect all district directors fromDM-0122
Surplus in interest and sinking fund after retirement of bonded indebtedness should be refunded to taxpayersLO94-006
Tax assessor-collector compensation by hospital district is governed by section 6.27(b) of the Tax CodeJM-1132
Tax-exempt, whether building owned by hospital district and leased to physicians for their private practice isJC-0311
Terms of office of hospital district directors, determining when two directors receive the same number of votesKP-002
The Tarrant County Hospital District is authorized by subsection 285.091(a) of the Health and Safety Code to structure the managerial and oversight authority of a physician group as it deems necessary to carry out the functions of or provide services to the District.KP-029
The Tarrant County Hospital District is authorized to create and fund a physician group under subsection 281.0565(b) of the Health and Safety Code if it reasonably determines in good faith that the expenditure will serve a public purpose and it put sufficient controls in place to ensure that the public purpose is carried out and that the District receives a return benefit.KP-029
Undeveloped real property, authority to leaseLO97-068
Undocumented aliens, pursuant to federal law undocumented aliens are ineligible for state or local public benefits, including non-emergency health care provided by Harris County Hospital DistrictJC-0394
Incompatibility of Offices
Forest Hill Library District and City of Forest Hill have overlapping taxation authority; thus, an individual may not simultaneously serve as city council member and library district trusteeKP-125
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
Municipal Utility Districts
Abstention by district board member from participating in action to employ her spouse did not cure violation of nepotism lawJC-0184
Annexation of municipal utility district consisting of two separate, noncontiguous areas of land in extraterritorial jurisdiction of two municipalitiesLO93-097
Antiquities Code, real property of district subject toLO94-076
Board member's continued service, whether ineligible if no longer owns property in district and no longer qualifies to vote in districtLO96-061
College district trustee barred from simultaneously serving as board member of municipal utility district where geographical boundaries overlap and both have taxing authorityGA-0032
Debt service obligations on debt issued after district consolidation, under section 54.601of the Water Code the Legislature has authorized a consolidated municipal utility district to levy one tax rate on all property within the district to fundGA-0883
Director, individual employed by company receiving all its revenue from state contract may be compensated asJC-0391
Directors are public officers; common-law doctrine of incompatibility prevents them from holding another public officeJC-0339
Dissolution, Lake LBJ Municipal Utility District No. 2GA-0451
General manager of, not an officerGA-0849
Grants from Parks and Wildlife Department, some municipal utility districts may be eligible forLO90-066
Hearing on owners' petition for exclusion of land from district, board must call even if it has already held prior hearings on other petitionsLO96-029
Municipal police ordinance, circumstances in which utility district must comply withLO94-049
Park, district may not use tax revenues to purchase real property to use solely asJM-1173
Park, district may use revenue notes to finance acquisition ofJM-1259
Part-time community college instructor may be compensated for service as member of board of municipal utility districtGA-0428
Property annexed that was not part of the original district, a consolidated municipal utility district may levy a different debt service tax rate onGA-0883
Sewer facilities providing drainage to private land, MUD must continue to provide drainage as long as it ownsLO94-044
Sheriff and constable patrols, county may contract with municipal utility district to provide additionalLO98-079
State employee may serve on board of directors of municipal utility district only if she declines compensation, but may accept reimbursement for actual expensesLO93-033
Surplus funds may not be used by Wells Branch Municipal Utility District to repair or replace residential cluster-type mailbox facilitiesKP-169
Tax classifications based on land ownership in the original districts of a consolidated municipal utility district, a court could conclude that such classifications would not violate article VIII, section 1(a) of the Texas ConstitutionGA-0883
Navigation Districts
Authority of the Aransas County Navigation District to have, maintain, and finance park and recreational facilitiesGA-0905
Authority to adopt a property tax freeze for persons with disabilities or persons sixty-five years of age or older GA-0539
Automatically renew contract for loading and unloading services, navigation district may limit the number of times it will consent toJC-0354
Conversion from Water Code chapter 62 district to Water Code chapter 63 district, whether permissibleLO95-076
County tax abatement agreement, authority of district to enter into tax abatement agreement for land pertaining to county agreement expired 90 days after date of execution of county agreementDM-0090
Dissolution of Aransas County Navigation District No. 1, procedure forLO96-006
Easements, navigation district is not authorized to accept the conveyance of easements from the United States Army Corps of Engineers for the purpose of conveying the easements to private property owners whose fee interests are affected by the easementsJC-0202
Expenses, interest on obligations, and payment into sinking fund, Aransas County Navigation District may not use tax revenues to payLO92-084
Fish farming, Matagorda County Navigation District No. 1 may not use its funds to promoteLO90-060
Maintenance and operation tax under section Water Code section 63.282, necessity of voter approval ofKP-039
Pilot board, navigation and canal commissioner who owns shipping company may not serve onLO93-001
Political subdivision of the state, a navigation district isGA-0284
Port of Beaumont Navigation District, commissioner of not barred from simultaneously serving as employee of the Deep East Texas Regional Planning CommissionLO98-100
Real property, Port of Houston Authority may purchase if useful to district or in aid of navigationLO92-049
Regulate structures on and near Cedar Bayou and within the Districtís boundaries that may affect water transportation activities, that are incident to or accommodating of commerce or navigation, or that are incident to or necessary in the proper operation and development of ports and waterways, Cedar Bayou Navigation Districtís authority toGA-0672
Reserve peace officer employed by a navigation district may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security BoardGA-0435
Retirement and medical benefits for navigation district commissioners and their dependents, the authority to determine whether the district will provide lies with the district boardGA-0284
Tax abatement agreement for land in which board member has interest, authority to executeLO93-035
Union membership does not disqualify director of navigation district from voting on board businessLO94-012
Port Authorities
Competitive bidding requirements, whether particular contract is for loading and unloading cargo and hence not exempt from is question of factLO97-059
Electronically readable driver's license information, private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the inforGA-0196
Executive session meeting of Commissioners of Port of Beaumont Navigation District to receive legal advice from its attorney on proposed contract may not include discussion of non-legal mattersJC-0233
Port of Houston Authority, Harris County is authorized to regulate building of structures over waterways within jurisdiction of for purposes of floodplain managementDM-0150
River Authorities
A river authority is not authorized by chapter 25 of the Parks and Wildlife Code to adopt regulations that prohibit the open carry of handguns on river authority parklands.KP-077
Bandera County River Authority and Groundwater District board of directors' interests in certain businesses, whether Local Government Code chapter 171 requires disclosure of and whether Water Code section 49.052 may disqualify them from servingGA-0337
Brazos River Authority board of directors, state university professor's eligibility to serve onLO95-001
Brazos River Authority is municipal government for purposes of subsection 901.410(1) of the Occupations CodeGA-0811
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
Brazos River Authority, valuation of real property offered for sale to lessee of propertyGA-0634
Conflict of interest statute not applicable by virtue of familial relationship to authority's selection of law firm where board member's brother is a partner in the firmLO97-028
County appraisal district with jurisdiction within boundaries of Guadalupe-Blanco River Authority, service on board of would not be incompatible with service on river authority boardDM-0047
Guadalupe-Blanco River Authority, member simultaneously may serve on South Central Texas Water Advisory CommitteeLO94-021
Health care plan, directors of Lower Neches Valley Authority are not entitled to participate in AuthorityísGA-0650
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 subdivisionsGA-0371
Legislatively-established requirements for appointment to the board, Upper Colorado River Authority Board has no authority to adopt by-laws adding to or changing theLO98-029
Member of board of directors, unless court finds holding of second office benefits the State of Texas, member may not simultaneously serve as municipal judgeLO97-027
Member of board of river authority who is also "vice-president" of "Republic of Texas" does not hold dual offices, since Republic of Texas does not existLO96-066
Mineral interests of Lower Colorado River Authority exempt from taxation if held exclusively for use and benefit of publicDM-0078
Nepotism prohibition does not apply to authority's hiring of professional corporationLO97-028
Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a "groundwater right" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issueGA-1049
River authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government Code; municipality may sell its utility system to aGA-0959
Sabine River Authority Director, a director of the Authority holds a civil office of emolument regardless of whether that director accepts the compensation attached to the officeGA-0250
State agency, whether a river authority constitutesGA-0079
Statutory residency requirements, member of Upper Colorado River Authority Board who ceases to comply with vacates office but holds over until successor is qualifiedLO98-029
Water districts, valuation of real property offered for sale to lessee of propertyGA-0634
Road Districts
Amount of tax voted by electorate, tax collector and the commissioners court cannot ordinarily levy or collect a tax in a road district in excess ofJM-1276
Bond election, county road district bond election is not rendered invalid if amount to be voted upon is changed after a public hearingJM-1276
Hill County special road law does not allocate county road and bridge fundLO98-087
Tax anticipation notes and bond anticipation notes as well as bonds, county road district may borrow money by issuing but not unless authorized by the electorateJM-1276
Water district with road district powers, whether authorized to incur long-term indebtedness payable from road feesJC-0295
Rural Fire Prevention Districts
Fire prevention district, authority of county to contract withJM-1209
Funds, fire district board may not distribute to fire departments, but may contract with them to provide servicesLO92-028
Rural fire prevention district board member, whether a "county officer" who must reside in county where district is locatedLO95-016
Territory within a city or its extraterritorial jurisdiction, rural fire prevention district may not include unless majority of voters in the combined territory of the city and its extraterritorial jurisdiction vote in favor of creating districtLO98-081
Transit Authorities
Closed meeting held by authority to review bids for proposed rail system, applicability of Open Meetings Act to (Overruled by Tex. Att'y Gen. Op. No. DM-191 (1992))DM-0017
Common-carrier obligation and rail line beyond authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of statutory purposesJC-0076
Common-law doctrine of incompatibility does not bar member of governing board of metropolitan transit authority from simultaneously serving as acting city manager for city within authorityís jurisdiction GA-0538
Contract with voters; representations and statements preceding election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar projectGA-0968
Dallas Area Rapid Transit Authority Board, members are public officersLO94-063
Existing contracts or agreements governing funding pertaining to the station, any right in the RTC to seek repayment from the City of federal funds expended in relation to the transit station would be determined underGA-0836
Fees for inspecting installation and relocation of bus stops, home-rule city may not imposeGA-0082
Job order contracting method of procurement, authority of Metropolitan Transit Authority of Harris County to useGA-1028
Regional transportation authority, a metropolitan planning organizationís policy body does not have authority, under chapter 452, Transportation Code, to close a transit station in city withdrawing fromGA-0836
Regional Transportation Authorityís levy of sales and use tax at different rates in different subregions does not violate constitutional equal and uniform requirement if the tax falls equally on people and property within each subregion and the different tax treatment by subregion is reasonableGA-0653
Underground Water Conservation Districts
Bandera County River Authority and Groundwater District, qualifications for election of directorsGA-0392
Barton Springs-Edwards Aquifer Conservation District, meaning of "county area" in validating statuteLO90-110
Commissioners court has no authority to create (Affirms Tex. Att'y Gen. Op. No. JM-1024 (1989))LO90-020
Contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District is "litigation" within Open Meetings ActGA-0334
Fee, district may not impose in connection with permitting or registering wellsDM-0022
Jurisdiction over land that is annexed by two districtsGA-0795
Sandy Land Underground Water Conservation District has broad statutory authority to transfer certain assets to individuals or other entitiesGA-0843
Taxation of mineral interests severed from surface lands that have been annexed by another underground water district, severed mineral interest remains in and is taxed by original underground water district unless mineral interest owner filed petition forJM-1221
Water Conservation Districts
Defeat of ballot proposition confirming creation of Southeast Trinity Groundwater Conservation District, effect ofJC-0569
Disqualified, member of water district board is not disqualified if member's son is employed by corporate entity that contracts with districtJC-0585
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
Groundwater conservation district, compensated member of local non-county governing body may not serve as director ofJC-0455
Groundwater conservation district, county commissioner may not serve as director of, where geographical boundaries overlapJC-0455
Multi-county groundwater conservation district, effect of elections held in fewer than all counties ofGA-0001
Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filedGA-0923
Water Control and Improvement Districts
Acts of improperly elected directors, validity ofDM-0269
Authority of district to regulate weed control and illegal dumpingGA-1011
Common-law incompatibility prohibits director of water control and improvement district from serving as district employee in any capacity other than that of general managerGA-0077
Conversion into a municipal utility districtGA-0849
Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filedGA-0923
Right-of-way, district that is water corporation subject to chapter 402 of the Local Government Code must obtain municipality's consent before laying water system fixtures through municipal, but must only notify county before laying fixtures in county; coJC-0556
Terms of office of Board of Directors of El Paso Water Control and Improvement District created by special law, governing lawDM-0269
Uniform election date, board of directors of El Paso Water Control and Improvement District should select under chapter 41 of Election CodeDM-0269
Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement districtKP-110
Water Districts
Arrests in municipal water district, authority of Water Code enforcement officers who are not peace officers to makeLO95-027
Authority of public utility agency to contract with private entities seeking water servicesKP-178
Creation of water supply district, validity of requires fact-intensive inquiry not suitable for attorney general opinionJC-0406
Customer information of Franklin County Water District is confidentialDM-0307
Deferred compensation plan, district directors may not participate inJC-0197
Fee, Lower Valley Water District may assess to property owners who are able to connect to sewer system, but have refused to do soJC-0278
Fees, district may not impose unless specifically authorized to do soLO98-064
Fiber-optics cable installed to operate pipeline, water district may lease to private telecommunications company excess capacity inJC-0179
Fishing, guides, and tournaments, division of authority to regulate between district and Parks and Wildlife DepartmentLO98-064
Fox Crossing Water District, Mills County's authority to fundGA-0601
General manager, director of Duval County Conservation and Reclamation District may serve as District'sDM-0012
Member of board of directors, state employee may serve as only if he receives no compensation other than reimbursement of actual expensesLO98-011
North Texas Municipal Water District, a court would likely conclude that member cities of the District have implied authority to fill a vacancy occurring on the District's board of directors prior to the end of a director's term to the extent that doing so is necessary to maintain the position filledKP-117
North Texas Municipal Water District, if a sitting director is able to serve until his successor is appointed and qualified, we find no authority from which could be implied the power of a member city to remove a District director, with or without cause, prior to the end of the director's termKP-117
Owner of taxable property, restaurant owner is not a "household user" of water and sewer services, but may be "owner of taxable property" for purposes of section 43.0761 of Local Government Code requiring water district which did not provide services to pJC-0419
Petition for creation of water district, constitutionality of Water Code restriction of signatories to land owners dependent on factual determination concerning purpose of district and potentially disparate impact on land ownersJC-0406
Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filedGA-0923
Public meeting, directors of water district who have not yet taken oath of office do not count for purpose of determining presence of quorum in public meetingGA-0355
Representatives appointed by City Council of Garland to Board of Directors of North Texas Municipal Water District, city council lacks authority under its charter to removeJM-1239
Retirement system, district directors may not participate inJC-0197
Statute creating water authority that allowed authority to adopt laws applicable to general-law cities, to extent practicable, did not trump section 49.107(g) of the Water Code, prohibiting the application of sections 26.04, 26.05, and 26.07 of Tax Code to the water authority's calculation and adoption of operations and maintenance taxGA-0758
Taxation of Permanent University Fund land leased for grazingDM-0374
Traffic regulation on non-county maintained public roads in subdivisions located within a fresh water supply district in an unincorporated area of the countyGA-0809
Upper Guadalupe River Authority not authorized to compel septic tank users to connect to sewage disposal systemJC-0162
Water district with road district powers, whether authorized to incur long-term indebtedness payable from road feesJC-0295