Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Appropriation bill, in order to exceed Comptroller's revenue estimate, must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each houseGA-0054
Asylum fund, whether land donated to State Orphans Home must be placed inLO93-046
Border Health Institute receives funds appropriated by legislature, but is not considered a state agency within executive branch of state government or a local political subdivisionGA-0280
Commencement of environmental review process for purposes of Transportation Code subsection 372.002(d)KP-194
Eligibility for funds from the Major Events Trust Fund, requirement of prior application to site selection organization by a local organizing committee, endorsing municipality, or endorsing county regardingGA-0963
Federal Reserve notes constitute eligible collateral for repurchase agreements under chapters 404 and 2256 of the Government CodeGA-0469
Fees, annual registration fees of State Board of Medical Examiners must be deposited in state treasuryJM-1230
Highway purposes, proceeds from the sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after SepteGA-0143
Internal Auditing Act, application to state agenciesJM-1183
Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies CodeGA-0755
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) toJM-1229
Limitation on amount to be transferred from the permanent school fund to the available school fund under article VII, subsection 5(a)(2) of the Texas Constitution to be applied annuallyGA-0707
Major Events Trust Fund, the Comptroller of Public Accounts is required to follow the precise procedures described in section 5A, article 5190.14 of the Revised Civil Statutes before committing expenditure of funds from theGA-0931
Medicaid women’s health care demonstration project, constitutionality of ban on Health and Human Services Commission contracting with an entity that has an affiliate that promotes or performs abortionsGA-0844
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 ofDM-0370
Permanent School Fund, authority of State Board of Education to pay attorney fees out of recoveries of the corpus of the Permanent School FundGA-0848
Permanent school fund, property recovered for may not be used to pay consideration to person who informed state of its claimDM-0316
Political party primary election workers, compensation paid from state fundsLO95-073
Public funds for purposes of the Public Funds Investment Act are funds belonging to the State by operation of general law and appropriated for a public purposeKP-142
Purchase of securities from TexPool at below market value, use of state funds forLO96-013
Repurchase agreements under chapters 404 and 2256 of the Government Code, Federal Reserve notes eligible collateral forGA-0469
School textbooks, funds set aside for the purchase of, may not be used to purchase computer hardwareGA-0444
State Board of Medical Examiners, fees collected by not subject to State Funds Reform ActJM-1230
State compensation to counties for holding inmates in county jail applies to convicted felons awaiting transfer to state boot camp program but not to substance abuse felony programLO94-062
Traffic fine money, effective date of legislation allocating between cities and state under various scenariosJM-1200
Working hours, use of an employee's is equivalent to expending state fundsLO90-086
Grants and Donations
A debt to the state, for purposes of Government Code section 403.055 the act of sending letter requesting restitution damages based upon unadjudicated claim for breach of grant contract will not by itself establishGA-0970
Appropriation of state funds to state agency to transfer to private endowment must satisfy article III, section 51of Texas Constitution and agency's authority to transfer funds and enter into contract regarding transaction must be supported by substantiveJC-0146
Conflict of interest, grant to member of Texas Council on Environmental Technology subject to strict common-law rule governing conflicts of interest; Council may not make grant to member or to university employing memberJC-0484
Continuing education for local law enforcement officers, funds allocated for may not be diverted to the general fund of a county or municipalityJC-0190
Existence of a debt to the state under Government Code section 403.055, if specific contract terms that create an agreement between the state and grantee establish a debt, the Commission on Environmental Quality can allege the existence of a debt by statutory reference or if the Commission can establish the debt by some other lawfully effective means, the Commission could establish theGA-0970
Office for the Prevention of Developmental Disabilities may not spend public and private grants and donations without specific legislative appropriation pursuant to article XVI, section 6(b) of the Texas ConstitutionGA-0447
Special Statutory Funds and Accounts
Administrative expenses incurred on behalf of Agricultural Finance Authority, bond proceeds from Texas Agricultural Fund may be used to reimburse Department of Agriculture forDM-0255
Children's trust fund, abolition of dedicated revenue source forLO95-004
Children's Trust Fund, expenditures limited to funds appropriated by legislatureLO96-047
Children's trust fund, whether abolished by section 403.094 of the Government CodeLO95-004
Felony prosecutor supplement fund funded by fees collected by magistrates taking bail bonds, surety's entitlement to a refundGA-0207
Felony prosecutor supplement fund funded by fees collected by magistrates taking bail bonds, whether refunds paid by county may be deducted from amounts county remits to comptrollerGA-0207
Felony prosecutor supplement fund funded by fees collected by magistrates taking bail bonds, whether surety should apply to county or state for refund and whether surety is entitled to interestGA-0207
Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532KP-005
In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).KP-097
Interest on auctioneer education and recovery fund, a special trust fund, is credited to fund and not general revenueLO92-069
Legislative enactments which provide incoming revenue for the State Highway fund constitute "enacted revenue measures" under article IX, section 17.10(b)(1) of the Appropriations Act, regardless of when they were enactedGA-0852
Major Events Trust Fund statute, Comptroller's authority under Revised Civil Statute article 5190.14, section 5A to adopt rules to implement the METF statuteGA-1052
Monies held in trust in a particular subaccount of the state highway fund, Department of Transportation may not transfer to a regional transportation authorityGA-0687
Permanent School Fund - In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).KP-097
Permanent school fund, State Board of Education has authority to make any kind of prudent investment in managing assets ofDM-0175
Revenues other than fines collected by State Board of Pharmacy, for consolidation purposes they constitute "funds outside the state treasury"LO93-026
Section 404.093 of the Government Code, to the extent that the Office of the Governor or the Governor's appointee receives funds in trust for the benefit of a person or entity other than a state agency, such funds may be deposited outside of the State Treasury in an account for which the Comptroller serves as trustee pursuant toKP-078
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)GA-1091