Under article 102.0121 of the Code of Criminal Procedure,
the commissioners court, not the prosecuting attorney, ultimately
determines the authorized uses of the county pretrial intervention
program fund. The statute authorizes the commissioners court to
use the pretrial intervention fund for an employee's salary, salary
supplement, or a benefit only to the extent the use of the fund is
solely for the administration of the program.
Opinion PDF
Assuming that the patent by which the Jackson County Navigation District purchased submerged land from the State does not provide otherwise, the District may require an easement for new and existing aerial utility lines which cross over its boundaries, provided that doing so is consistent with the navigation district's constitutional and statutory purposes.
Opinion PDF
With respect to specified programs authorized by section 381.004 of the Local Government Code for stimulating business and commercial activity in a county, the limitations on tax abatement agreements stated in subsection 381.004(g) do not apply to loans and grants made pursuant to subsection 381.004(h).
Loan and grants authorized by subsection 381.004(h) must comply with sections 52(a) and 52-a of article III of the Texas Constitution. Section 7 of article XI of the Texas Constitution may also impact how such loans and grants are structured, depending on the circumstances.
Opinion PDF
Under subsection 301.161 S(b) of the Occupations Code, the Texas Board of Nursing may not disclose the criminal history record information of its license applicants or holders to any person except to another nursing board or by court order.
Opinion PDF
Government Code subsection 2261.252( e) does not abrogate common-law conflict-of-interest rules, which would prohibit a member of the State Soil and Water Conservation Board from receiving $15,000 in financial assistance through a program administered by the agency.
Opinion PDF
The Manufactured Housing Division of the Department of Housing and Community Affairs administers the Manufactured Homeowner Consumer Claims Program ("Program"), provided for in Occupations Code chapter 1201, which provides relief to certain consumers of a manufactured housing licensee.
Opinion PDF
Section 604A.0021 of the Business and Commerce Code prohibits imposing a surcharge for the use of a credit card in certain instances. Although a recent judicial decision held section 604A.0021 unconstitutional as applied to specific facts, it remains enforceable in some contexts. But it does not apply to a county imposing a surcharge on a payee using a credit card for the payment of money owed to the county.
Opinion PDF
Sections 232.003, 232.0031, and 232.004 of the Local Government Code authorize a county to use proceeds from a subdivision bond required by section 232.003 to ensure a public qr private road is constructed to standards adopted by the county for subdivision roads.
Opinion PDF
A court would likely conclude that the Historical Commission is authorized to permit the destructive testing of human remains for research purposes, including the purpose of obtaining DNA samples adequate to enable the identification of genetically related descendants pursuant to the Commission's authority in Government Code chapter 442, Natural Resources Code chapter 1 91, and Health and Safety Code chapter 711.
Opinion PDF
If a quorum of a governmental body deliberates about public business within the jurisdiction of the body outside of a meeting authorized by the Texas Open Meetings Act, through multiple communications each involving fewer than a quorum, the governmental body violates the Act.
Action taken by a governmental body in violation of the Act is voidable. In addition, any interested person may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act by members of a governmental body.