Greg
Abbott
January 01, 2013
Local Government Code subsection 81.005(a) is directory|Pursuant to Local Government Code subsection 81.005(h), a county commissioners court may change the designated day of the week it convenes during the county\\'s current fiscal year.|Because Local Government Code subsection 81.005(a)is a directory statute, it is unlikely that a reviewing court would invalidate a commissioners court order, tabled from the prior fiscal year, that designates a new day in the current fiscal year|Pursuant to Local Government Code subsection 81.005(h), a county commissioners court may change the designated day o
Opinion PDF
January 01, 2013
Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branches|A court would likely hold that a judge\\'s award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satisfies certain conditions, to shorten the time a defendant is required to serve in a s
Opinion PDF
January 01, 2013
Partnership Advisory Commission is generally not subject to the Open Meetings Act
Opinion PDF
January 01, 2013
Competitive bidding, as required by Government Code section 2155.063, may not be required for some investment decisions if they do not involve the purchase of or contract for goods or services. Contracts with investment managers and investment service providers will require competitive bidding, as those involve the purchase of or contract for services.
Opinion PDF
January 01, 2013
Bond forfeiture collections, Government Code section 41.005 authorizes a district attorney to separate a portion of as a commission without approval of the commissioners court|Commission on bond forfeiture collection shall be deposited in the county treasury in a fund to the credit of the person or department collecting the money|Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authority
Opinion PDF
January 01, 2013
Education Code section 11.053, independent school district board of trustees may not appoint a current member to a newly-created position and thereby extend that member\\'s term pursuant to|Education Code section 11.053, independent school district board of trustees may not appoint a current member to a newly-created position and thereby extend that member\\'s term
Opinion PDF
January 01, 2013
State Bar of Texas is an administrative agency of the judicial department that aids the Texas Supreme Court in the court\\'s regulation of the practice of law in Texas|Government Code section 81.019 pertains to the election of officers to the Texas State Bar Board of Directors|Government Code subsection 81.019(c) is not an exception to State Bar of Texas election rules or its Board\\'s policies, but rather is a specific legislative requirement as to what the \\"election rules must permit\\"|Government Code subsection 81.019(c) does not exempt president-elect write-in candidates from State Bar
Opinion PDF
January 01, 2013
Policy manual, authority of county commissioners courts to require sheriff to produce sheriff\\'s office policy manual for approval|Policy manual, authority of county commissioners court to require sheriff to produce sheriff\\'s office policy manual for approval
Opinion PDF
January 01, 2013
Admonish arrestee, Code of Criminal Procedure article 15.17, duty of magistrate as required by, is a mandatory duty|Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely and intelligently|Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely, and intelligently
Opinion PDF
January 01, 2013
Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements|No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction|A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved