Pursuant to section 418.012 of the Government Code, executive orders issued by the Governor pursuant to his emergency powers under chapter 418 have the force and effect of law. The Penal Code defines “law” to include a rule authorized by and lawfully adopted under a statute. A court is therefore likely to conclude that executive orders authorized by and lawfully adopted pursuant to the Governor’s statutory emergency powers constitute “laws” for purposes of subsection 1.07(a)(30) of the Penal Code.
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Whether a school district board of trustees has the authority under Education Code section 37.0811(c)(1)–(2) to adopt local procedures to allow uniformed school marshals to duty belt carry their firearm
Whether Government Code section 41.106 requires the counties of a multi-county judicial district to equitably share funding responsibility of the district attorney’s office
Addressing the responsibility of the Texas Department of Criminal Justice to reimburse counties for the transportation of inmates from county jails to state jail facilities, including remedies if reimbursement is not made, or if inmates are not transferred by the statutory deadline.
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Authority of a deputy sheriff under Transportation Code section 621.402 to operate a fixed motor vehicle weigh station for all commercial vehicles
To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to Transportation Code provisions related to county authority over roads but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable. And to the extent the moratorium is adopted pursuant to Health and Safety Code section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.
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Who may deny bail when a defendant is charged with committing a felony while on bail for a prior offense committed in the same county.
Opinion PDF
Determination of an “excessive discount” under Alcoholic Beverage Code subsection 102.07(c)
Authority of a home-rule municipality to require a certificated telecommunications provider or the holder of a state-issued certificate of franchise authority to enter into a Broadband Internet Services Right-of-Way Agreement
Authority of the Hood County Development District Number 1 to add an additional member to its board of directors under Local Government Code chapter 383