Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Advisory committee members are not public officersDM-0149
Appointment to serve on river authority board of directors, state employee's eligibility forLO95-001
As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-asideGA-1060
At will employees, whether employees of Department of Mental Health and Mental Retardation areLO95-063
Barber school tuition protection account, authority to issue warrants for claims against is comptroller'sGA-0092
Board of directors of municipal utility district, state employee may serve on only if she declines compensation, but may accept reimbursement for actual expensesLO93-033
Civil office of profit, chancellor of Texas Tech University System does not holdLO96-080
Commissioned peace officers who are employees of the state or of a political subdivision of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal CodeGA-0256
Court reporter serving under Family Code chapter 201, subchapter C, is "official court reporter" for purposes of section 52.047, Government Code and may charge fee for preparing transcriptGA-0164
Court reporter transcript fees are not salary supplements and do not violate section 659.020, Government Code prohibiting salary supplements to state employeesGA-0164
Day care center for children of state employees, no prohibition on enrollment of nonstate employees' childrenLO94-036
De facto status of elected officer who did not file signed oath of office statementLO96-056
District court reporter, employment status of, is context-specific and cannot be determined for all purposesGA-1023
Dual office holding, state employee who serves on board of directors of a municipal utility district may not receive compensation in form of per diemLO94-072
Elective office, authority of state university to approve as outside employmentLO96-109
Grievance, discipline, and evaluation proceedings, employee subject to has right to open meeting but no right to insist upon closed meetingJM-1191
In determining fee a campaign manager may charge to an organization participating in the statewide charitable contribution campaign, calculation must be based upon the aggregate amount of fees collected on a statewide basis GA-0565
Indemnification, state employee who performs some work for regional poison control centers is not entitled to as employee of poison control centerDM-0409
Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies CodeGA-0755
Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)DM-0346
Mandatory tuberculosis screening of employees, Department of Criminal Justice may adopt a policy ofLO98-047
Newsletter for employees, agency may produce and accept donations for but may not print advertisements promoting donor businessesLO93-007
Notary public may videotape oral deposition if certified shorthand reporter simultaneously transcribes the depositionDM-0339
Notary public, it cannot be determined whether a notary public is a state officer under chapter 603 of the Texas Government CodeGA-0886
Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as aGA-0733
Physician employed by state who petitions court for authority to administer psychoactive medication, duty of county or district attorney to representLO94-073
Property interest in employment of public employees who may be removed for good causeLO95-063
Selective service registration or exemption, only males between ages of 18 and 25 inclusive need show evidence of for state employmentJC-0183
Service awards, savings bonds not exceeding purchase price of fifty dollars permissible under 1995 General Appropriations Act, article IX, section 11LO96-132
Serving as the state chair of a political party, because the state chair of a political party does not hold an office or position under this State a member of the Legislature is not barred from under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution fromGA-0880
Statutory residency requirements, officer who ceases to comply with vacates office but holds over until successor is qualifiedLO98-029
Tax appraisal district, provision of assistance and oversight toGA-0030
Transcript preparation is responsibility of "official court reporter" and is to take place during normal business hoursGA-0164
Veterans entitled to retention preference in reduction in workforce over similarly qualified and situated employees, but not over more qualified employeesDM-0422
Authority and Duties
Election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1, in addition to the statutory election officer's oath.KP-140
Governor's veto, if additional funds apart from what was vetoed by the Governor are available, and if authority outside of the vetoed language permits expenditure of those funds for a given purpose, and entity may spend other funds accordinglyKP-048
Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting BoardJC-0388
Limit or prohibit an employee who is a notary public from performing notarial acts during employment hours, a private employer may GA-0723
Notarial records and seal of an employee/notary public upon termination of employment, an employer may not retain theGA-0723
Notary public's duty to respond to a request for copies of entries in the notary public record book by providing redacted copiesGA-1095
Person to whom property is transferred based on a purchase of the property for value, a reasonable construction of the word "assignee" could include aGA-0906
Post-employment restrictions applicable to employee of Public Utility CommissionDM-0209
Property Code section 74.501, the Comptrollerís construction of the word "assignee," as used in that section, is entitled to deference so long as it is reasonable and not contrary to the plain language of the statuteGA-0906
Public security officer employed by Adjutant General may carry handgun on work premises but not while traveling to and from workJM-1271
State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearingsKP-136
Compensation and Benefits
Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agencyGA-0736
Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leaveGA-0736
Charges not yet incurred, community or junior college may not contract with employee to deduct from salaryLO96-051
City council, state employee may not receive compensation for serving as member ofLO90-106
Compensatory leave, state employees may use while receiving weekly income benefits under workers' compensation lawJC-0188
County-of-residence information, public employees' not required to be included in state expenditure databaseGA-0572
Deferred compensation program involving transfer of shares in mutual fund, authority of state university system to offerJC-0431
Garnishment of wages to collect guaranteed student loansDM-0419
General law water district, state employee may serve as member of board of directors only if he receives no compensation other than reimbursement of actual expensesLO98-011
Hazardous duty pay, employees of Board of Pardons and Paroles whose positions were reclassified in order to allow them to collect must serve one year before collectingLO90-007
Hazardous duty pay, Youth Commission employee's eligibilityDM-0376
Legislative appropriation, salary of executive director of state school is limited to amount appropriated by legislatureLO96-041
Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96)DM-0346
Longevity and benefit replacement pay included in capped salary rate for Texas Youth Commission teachersLO97-010
Military service, state or district officer called into may waive compensation and authorize payment to temporary custodian, but is not required to do soLO90-096
Overpayments of compensation to employees, recovery ofGA-0171
Position classification plan, provisions of the appropriations act implementingJC-0456
Salary limits applicable to retired agency employees rehired by agency to perform services substantially similar to services performed during last 12 months of service before retirementJC-0261
Service credit transferred from Teacher Retirement System to Employee Retirement System, TRS responsible for paying portion of early retirement incentiveDM-0275
State Emergency Communications, Commission on, public members of are not entitled to receive compensatory per diemGA-0318
State expenditure database, as private information a public employee's net salary information may not be included inGA-0572
Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employeeGA-0677
Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rightsJC-0302
Volunteers providing services for state agencies without receiving compensation are not included within chapter 104 of Civil Practice and Remedies CodeDM-0457
Workers' compensation benefits, offset of against vacation leaveJC-0040
Expenses and Reimbursement
Advisory committee members may receive reimbursement for expensesJC-0437
Continuing education requirements, state agency may pay employee's travel expenses incurred in satisfying job-relatedLO90-086
Criminal district attorney is not an employee or officer of a "state agency, institution, or department," entitled to indemnity for legal expenses under chapter 104 of the Government CodeGA-0523
Legislators, Texas Constitution does not preclude payment of their legislative expenses during interimDM-0023
Transportation expenses, reimbursement to member limited to "the amount of the central travel office's contracted fares or rates"LO97-110
Adoption of child under three years of age, state employee may use reasonable amount of sick leave on account ofJM-1203
Medical treatment, employee may use sick leave to accompany adult daughter to obtainLO90-092
Sick leave to care for child, managing or possessory conservator of ill child may take even if child is not an immediate family member under technical reading of article V, section 8(2) of General Appropriations ActLO92-015
Sick leave, natural parents may not use to care for a healthy newbornJM-1203
Texas Military Facilities Commission is not authorized to make a lump sum payment for accumulated sick leave to an individual whose employment has been terminatedGA-0201
Vacation leave, (1) offset of workers' compensation benefits against; (2) substitution of annual leave for unpaid leave under Federal Family Medical Leave Act of 1993JC-0040
Work-related injury, agency not required to terminate employee on unpaid leave for more than twelve months due toDM-0214
Acts taken in their official capacity, members of regional water planning groups are exempt from personal liability forLO98-080
Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96)DM-0346
Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to representDM-0206
Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies CodeDM-0457
State Board Members
As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-asideGA-1060
Board of Directors of Department of Housing and Community Affairs, eligibility of city employee to serve as public memberLO96-043
Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent.KP-021
Former member of Polygraph Examiners Board prohibited from appearing before Board to sponsor intern before second anniversary of departureDM-0223
Hold over status, appointed members of Peace Officers' Memorial Advisory Committee continue to serve after end of term until replaced or reappointedLO95-039
Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting BoardJC-0388
Lucrative office, whether member of state agency governing board who serves without pay and is reimbursed only for actual expenses holdsLO95-050
Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government CodeGA-0073
Removal of Finance Commission member for loss of qualification of officeLO92-046
Teacher Retirement System of Texas, eligibility of member of board to serve when his spouse receives retirement benefits from the SystemLO96-142
Tobacco Settlement Permanent Trust Account Investment Advisory Committee, board members are not state officers required to file chapter 572, Government Code, financial statements GA-0611