Ken
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January 01, 2016
Section 65.001, Election Code, not applicable to early voting procedures, the early voting ballot board, rather than the election judge at each polling location, counts the ballots and prepares the returns|Section 33.061, Election Code, it is a Class A misdemeanor for a person serving in an official capacity at a location at which the presence of watchers is authorized to prevent a watcher from observing an activity the watcher is entitled to observe under|Title 14, Election Code, an election contest is available if the true outcome of the election is in dispute due to an election officer or o
Opinion PDF
January 01, 2016
North Texas Municipal Water District, a court would likely conclude that member cities of the District have implied authority to fill a vacancy occurring on the District's board of directors prior to the end of a director's term to the extent that doing so is necessary to maintain the position filled|North Texas Municipal Water District, if a sitting director is able to serve until his successor is appointed and qualified, we find no authority from which could be implied the power of a member city to remove a District director, with or without cause, prior to the end of the director's term
Opinion PDF
January 01, 2016
Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for
Opinion PDF
January 01, 2016
Deference to agency interpretation, Texas courts defer only when the agency adopts the construction as a formal rule or opinion after formal procedures and only upon finding an ambiguity exists in the statute and that the construction is reasonable and consistent with the plain language
Opinion PDF
January 01, 2016
Member of a board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo's planning and zoning commission. A court would likely find that a|Board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo's planning and zoning commission. A court would likely find that a member of a
Opinion PDF
January 01, 2016
Education Code section 29.022 - Upon receiving a request, a school district shall provide equipment not to a single classroom but "to each school in the district" that provides students special education services and otherwise meets the requirements of Tex. Educ. Code § 29.022|Education Code section 29.022, a court would likely conclude that the Texas Education Agency would exceed its rulemaking authority by adopting a rule that narrowly defines "staff member" as used in Tex. Educ. Code § 29.022
Opinion PDF
January 01, 2016
Municipal Retirement System - A court would likely conclude that the State is not required to assume liability when a municipal retirement system created under title 109 of the Texas Civil Statutes is unable to meet its financial obligations
Opinion PDF
January 01, 2016
Vehicle use policy, authority of commissioners court and county auditor to impose on county sheriff
Opinion PDF
January 01, 2016
Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement district
Opinion PDF
January 01, 2016
Establishment Clause of the U.S. Constitution - opening a court session with "God save the State of Texas and this Honorable Court" or with a prayer by a volunteer chaplain, or hosting a volunteer chaplain program to provide counseling upon request, does not violate the Establishment Clause