Potential civil and criminal consequences exist for a Texas peace officer who fails to intervene when observing another officer using force in a way that may violate a person’s constitutional rights.
Opinion PDF
A rule exempting an appraiser licensed under Occupations Code chapter 1103 from complying with the Uniform Standards of Professional Appraisal Practice when performing an evaluation as allowed under the federal Interagency Appraisal and Evaluation Guidelines would conflict with section 1103.405.
Opinion PDF
Nothing in the language of Transportation Code chapter 706 authorizes a political subdivision to require the Department of Public Safety to lift previously-requested drivers’ license renewal holds for reasons other than those articulated in subsection 706.005(b).
Opinion PDF
The common-law reserved powers doctrine could limit whether a home-rule municipality may enter a contract that would prohibit decertification of a special utility district’s certificate of convenience and necessity in the future.
Opinion PDF
The minimum salary of a county court at law judge with twelve or more years of accrued service under subsection 25.0005(a) of the Government Code is calculated in conjunction with Government Code sections 659.012 and 659.0445.
Opinion PDF
The Texas Constitution, common law, and the property’s status as surplus must be considered by an independent school district in determining whether the district may enter a long-term ground lease with a private entity that intends to develop the district’s surplus property for noneducational purposes that are expected to yield financial benefits that exceed the property’s current sale-value.
Opinion PDF
Paycheck Protection Program loans fully guaranteed by the Small Business Administration generally satisfy the statutory requirements of an authorized investment under section 2256.009(a)(4).
Opinion PDF
A professional employer organization’s performance of its statutory duties under chapter 91 of the Labor Code pursuant to a professional employer services agreement does not constitute money transmission for which a separate license is required under chapter 151 of the Finance Code.
Opinion PDF
The Texas Code of Criminal Procedure governs access to a search warrant, warrant return, and property inventory, and a court would likely conclude that these documents are subject to public disclosure by a district clerk.
Opinion PDF
The separation of powers provisions of article II, section 1 of the Texas Constitution do not apply to municipal government.