Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Abrogate treaty rights, intent to must be expressed clearly and unequivocallyGA-0339
Ballot language of a proposed constitutional amendment is sufficient if it identifies the amendment, showing its character and scope, that is, its intent, import, subject matter, or theme.KP-017
Boundaries of another district, a conservation and reclamation district may generally conduct works within, except under certain circumstancesGA-0961
Codification to be give effect over prior repealed statute if specific provisions of a codification and the code as a whole are direct, unambiguous, and cannot be reconciled with prior law GA-0505
Determination as to whether board or commission is advisory must be made by examination of constitutional and statutory provisions which created board or commission and which conferred duties on themGA-0021
Fraudulent filing provisions of section 9.412 of the Business and Commerce Code do not apply to any transaction listed in section 9.104 thereofJC-0213
Grandfather clause applicable to former and retired judges who qualified for service by assignment prior to amendment to Government Code section 74.055(c)GA-0398
Grandfather clause, repeal ofDM-0157
Grandfather clause, section 6.412 of Tax Code does not contain, and is therefore applicable to all members of appraisal review board serving on effective date of statutory amendmentJC-0192
House Bill 3109, an act of the 82nd Legislature, specifically declares that it prevails over any conflicting act of the same legislature, and thus prevails over House Bill 2702GA-0904
Incorporation by reference Uncodified provision of lawGA-0731
Irreconcilable conflict, mere difference between two statutes does not in itself constituteGA-0369
Irreconcilable conflict, silence in one statutory provision as to other statutory provision does not constituteGA-0369
Legislation challenged under article III, section 30 of Texas Constitution, validity of enrolled bill will not be impeachedDM-0263
Long-standing construction of its statute by agency given deference by courtsDM-0189
Procedural rule that requires a vote of greater than a majority of the number of members of the Board present and voting, Board may not adoptGA-0554
Prospective operation of statutes, constructional presumption in favor ofLO96-022
Remedy a claimed injustice, Indian treaties cannot be rewritten or expanded beyond their clear terms toGA-0339
Rule of "Fleming Foods v. Rylander" will not be followed when recodification is not "direct, unambiguous, and incapable of being reconciled with prior law"JC-0245
Sovereign immunity, Border Health Institute may or may not be entitled toGA-0280
Statute allowing commissioners court to appoint purchasing agent, legislature intended to grant certain counties additional authority by enactingLO98-115
Statutes regulating the manner of holding an election are directory and a departure from their provisions will not ordinarily invalidate an election, unless each departure affects or changes the result of the electionGA-0286
Statutory enactments concerning elections must be liberally construed in order to ascertain and effectuate the will of the votersGA-0286
Takings restrictions of the Fifth Amendment, the right of Congress to abrogate treaty is limited byGA-0339
Term, when Legislature defines a term in one statute and uses same term in relation to same subject matter in a later statute, we may presume that Legislature used the term in the same wayJC-0396
Texas courts do not use ballot language to construe a constitutional amendment.KP-017
Texas law provides that preempted provisions of a state statute may be severed to leave the remaining statute effective if remaining statute is capable of being executed in accordance with legislative intentGA-1020
Vested rights under Indian treaties, Congress may not impair but may supersede or abrogate by legislation or subsequent treatyGA-0339
Where referenced statute does not exist, referencing statute cannot be appliedJC-0497
Whether Texas Advertising Fee Statute is preempted by the federal Cigarette Labeling and Advertising Act is a fact-intensive question that cannot be resolved in an attorney general opinionGA-1020
Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase "retail hearing instrument company," in section 402.053(d) of the Occupations Code, we cannot definitively determine the scope of that phraseGA-0921
Applicants for medical license examination, State Board of Medical Examiners' interpretation of sections 155.051 and 155.056 of the Occupations Code is reasonable regarding time period for applicants to complete medical license examination and number of aGA-0285
Ballot proposition language and contemporaneous newspaper accounts provide evidence of electorate's intent in adopting constitutional amendmentDM-0302
Different phrases in a statute are intended to mean different thingsGA-0202
Incorrect codification of amendments to statute does not correctly reflect legislative intent, application of Class C misdemeanor penalty whereLO96-112
Legislative authorization for provision of employee benefits, chapter 157 of the Local Government Code is, and is not another insurance law of this stateGA-0327
Legislative deletion of item from bill indicates legislative intent to reject proposalDM-0445
Legislative history, consideration of to determine legislative intentJC-0096
Legislative intent found in unambiguous language of statuteDM-0400
Mass gathering, single permit for a mass gathering may not be issued for multiple eventsGA-0582
Post-enactment statement by legislature or in sponsor's statement about bill, legislative intent is not found inJC-0027
Post-enactment statements by legislators are not evidence of legislative intentJC-0567
Procedural Rules
Amendment of statute after its repeal, effect ofGA-0900
Article III, section 36 of the Texas Constitution, whether bill complies with requirements of is determined as of date of passage and not as of effective dateDM-0475
Civil procedure rules with doubtful meaning, construe to avoid mischievous consequences and applications that would violate constitutional rightsDM-0358
Inconsistent with statute, rule of civil procedure must yield ifDM-0339
Prospective application, amendment restricting exemption from competitive bidding for contracts for work performed and paid for by the dayLO98-015
Statewide local rules of administration for statutory probate courts, presiding judge of the statutory probate courts may adoptGA-0105
Rules of Construction
Acquisition or conveyance of state land, statute that prescribes methods of excludes all other methodsLO96-106
Administrative agency's construction of a statute will be given weight by court unless construction is contrary to plain meaning of unambiguous statuteLO93-044
Agency construction of statute agency authorized to enforce entitled to consideration only to extent reasonable and consistent with statuteDM-0448
Agency construction of statute the agency is charged with administering is not unreasonable as a matter of law because the construction has changed over the yearsGA-0050
Agency interpretation of a statute is entitled to serious consideration if (1) the agency is charged with the statute's enforcement; (2) the interpretation is reasonable; and (3) the interpretation is not contrary to the statute's plain languageGA-0403
Amendment of statute after its repeal, effect ofGA-0900
Amendment of statute, rebuttable presumption that in enacting legislature intended to change existing lawLO98-095
An agency's reasonable construction of its rule is entitled to deferenceGA-0390
Bill referencing other bills passed at same session with directions for interpretation, rules of construction do not apply toDM-0280
Code Construction Act applies to Code of Criminal Procedure (Overruled by Court Decision, 958 S.W.2d 811)LO96-126
Code Construction Act rule that when amendments are irreconcilable latest in date of enactment prevails does not apply when legislature has provided specific instructions regarding conflicting bills passed in same sessionDM-0234
Code Construction Act, application to Education CodeKP-096
Comma, a court may omit if it distorts the Legislature’s intention, as determined from the statuteGA-0825
Common understanding, court generally interprets words of constitution in accordance withGA-0221
Comprehensive enactment intended to include all the law on the subject with which it deals evidences a legislative intent to repeal former statutory lawGA-0454
Conflict of interest provisions, statute applying to boards created on behalf of municipal water systems is not retroactive and thus not applicable to San Antonio Water SystemJC-0509
Conflicting amendments to statute enacted in same session, latest in date of enactment prevailsJC-0058
Conflicting bills, last bill enacted prevails over other bills amending same statute at same legislative sessionDM-0304
Conflicting bills, newly enacted language of statute in one bill prevails over reenacted language of same statute in different bill at same legislative sessionDM-0304
Constitution, construction of is governed by same rules as construction of statutesGA-0293
Constitutional, presumption that legislature intended statute to beDM-0493
Criminal provisions, notice of prohibited conduct in and applicable rules of constructionGA-0334
Definition may not be imported from one statute to a prior-enacted statute (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0097 (1999))DM-0425
Delegates authority to private entity that promulgates codes for installation, alteration, operation, and inspection of elevators, escalators, and related equipment, statute that may appear to must be construed to incorporate only those editions of codes JC-0510
Effective date of 1993 enactment concerning grant of parole to person convicted of capital felonyLO94-054
Ejusdem generis, general words following particular terms will be limited in meaning by the particular terms under rule ofJC-0014
Exemptions from taxation must be strictly construed and may not be raised by implicationGA-0484
Expired statute has no force or effectGA-0535
Express enumeration of particular persons tantamount to express exclusion of all othersLO97-071
Fee by implication, statute must be strictly construed against fixingJC-0207
General law prevails over specific law where legislative intent is explicit that general law prevailsJM-1132
General reference statute adopts incorporated law as it reads at any time thereafterLO92-041
General savings clause, retroactive application of House Bill 1823 enacted by Seventy-ninth LegislatureGA-0418
General statute that conflicts with special statute, special statute is an exception to the general statute unless general statute was enacted later and manifestly intended to prevailJC-0070
Heading may neither limit nor expand plain text of statuteJC-0197
House Bill 3109, an act of the 82nd Legislature, specifically declares that it prevails over any conflicting act of the same legislature, and thus prevails over House Bill 2702GA-0904
Impact fee statute, the term "may" is used to indicate authority rather than discretion or choiceLO93-060
Inconsistent amendments to provisions on foreclosure of tax lien on real property, latest enacted prevailsLO98-083
Irreconcilably conflict, when two amendments adopted by the same legislature, the later enacted prevailsGA-0411
Last antecedent, under the doctrine of the last antecedent "a qualifying phrase must be confined to the words and phrases immediately preceding it to which it may be applied without impairing the meaning of the sentence"GA-0167
Lien statute is to be liberally construed to protect laborers and material men, yet cannot be construed contrary to the statute's plain languageGA-0644
Mass gathering, single permit for a mass gathering may not be issued for multiple eventsGA-0582
Mistake, where plain language of statute substantially does not effectuate legislature's intent, court cannot remedyLO98-127
Multiple amendments to one statute occurring at the same legislative session must be harmonized unless they are irreconcilableGA-0607
Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 as the more specific enactment prevailsGA-0441
Nonsubstantive codification, the unambiguous language of must be effectuated unless there is an obvious error or effectuating the statute as written would lead to an absurd result GA-0499
Nonsubstantive revision must be construed consistent with statutory predecessorDM-0445
Nonsubstantive revision of statute does not change meaning of provisionLO98-081
Particular purpose, we presume the legislature chooses each word or phrase to serve aGA-0202
Penal statutes and statutes penal in nature, strict construction ofJC-0096
Penal statutes must be sufficiently definite so that persons subject to them may know what they mean and who is liable to punishment for violationsJC-0096
Present tense indicates prospective rather than retroactive operation of provisionJC-0533
Prior administrative interpretation of court-appointed volunteer advocate program statutes, successor state agency's adoption ofLO93-082
Prospective application, in absence of express statement of legislative intent statutes are presumed to haveJC-0180
Prospective operation; presumption ofJC-0533
Public land, statutes governing conveyance must be strictly construedLO97-068
Repeal and amendment of crude oil production tax provisionsKP-085
Retroactive application, presumption againstDM-0493
Retroactively applied, a court probably would use three-part test to determine whether judicially modified statute will beDM-0468
Same legislative session, multiple amendments to same statute adopted during should be harmonized if possibleJC-0518
Same session, statutes enacted in should be harmonized if possibleJM-1208
Savings provisions of Code Construction ActKP-096
Special enabling act controls where conflicts with general lawLO92-049
Specific legislative statement that one bill prevail over any other similar legislation enacted in same session takes precedence over rule of statutory construction that legislation must be harmonized and, if that is not possible, the later enacted provisJC-0137
Specific reference statute does not adopt subsequent amendmentsLO92-041
Technical term not defined by statute, court may interpret statute in the light of expert testimony about the particular art, science, or tradeGA-0648
Term "prevailing party," for purposes of recovering attorneys' fees in employment discrimination cases under state law has same meaning as under federal law because state law was modeled upon federal lawJM-1145
Unambiguous statutory language in amendment to Air Control Act will be construed according to plain meaning because result is not absurdJC-0493
Uniform general law prevails over earlier-enacted special provisionLO98-124
Validation of unconstitutional statute may be accomplished by adoption of constitutional provision that expressly or impliedly validates it or by reenactment of statute after constitution has been amended to authorize such legislationJC-0373
When implementing an official's interpretation conflicts with the statute's plain language, we cannot defer to the official's view and must advise that the plain language be enforced.GA-1055
Word or phrase used in different parts of a statute, clear meaning attached to in one instance will attach to other instancesJM-1259