| STATE OFFICERS AND EMPLOYEES |
| Advisory committee members are not public officers | DM-0149 |
| Appointment to serve on river authority board of directors, state employee's eligibility for | LO95-001 |
| Article XVI, section 40(b)(1) allows public schoolteachers to receive salary for city council service | KP-0211 |
| Article XVI, section 40(b)(1) allows public schoolteachers to receive salary for city council service | KP-0211 |
| Article XVI, section 40(b)(1) prohibits current public school district employees who are not schoolteachers from receiving salary for city council service | KP-0211 |
| As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-aside | GA-1060 |
| At will employees, whether employees of Department of Mental Health and Mental Retardation are | LO95-063 |
| Barber school tuition protection account, authority to issue warrants for claims against is comptroller's | GA-0092 |
| Board of directors of municipal utility district, state employee may serve on only if she declines compensation, but may accept reimbursement for actual expenses | LO93-033 |
| Civil office of profit, chancellor of Texas Tech University System does not hold | LO96-080 |
| Commissioned peace officers who are employees of the state or of a political subdivision of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal Code | GA-0256 |
| Court reporter serving under Family Code chapter 201, subchapter C, is "official court reporter" for purposes of section 52.047, Government Code and may charge fee for preparing transcript | GA-0164 |
| Court reporter transcript fees are not salary supplements and do not violate section 659.020, Government Code prohibiting salary supplements to state employees | GA-0164 |
| Day care center for children of state employees, no prohibition on enrollment of nonstate employees' children | LO94-036 |
| De facto status of elected officer who did not file signed oath of office statement | LO96-056 |
| District court reporter, employment status of, is context-specific and cannot be determined for all purposes | GA-1023 |
| Dual office holding, state employee who serves on board of directors of a municipal utility district may not receive compensation in form of per diem | LO94-072 |
| Elective office, authority of state university to approve as outside employment | LO96-109 |
| Grievance, discipline, and evaluation proceedings, employee subject to has right to open meeting but no right to insist upon closed meeting | JM-1191 |
| In determining fee a campaign manager may charge to an organization participating in the statewide charitable contribution campaign, calculation must be based upon the aggregate amount of fees collected on a statewide basis
| GA-0565 |
| Indemnification, state employee who performs some work for regional poison control centers is not entitled to as employee of poison control center | DM-0409 |
| Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code | GA-0755 |
| Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96) | DM-0346 |
| Mandatory tuberculosis screening of employees, Department of Criminal Justice may adopt a policy of | LO98-047 |
| Newsletter for employees, agency may produce and accept donations for but may not print advertisements promoting donor businesses | LO93-007 |
| Notary public may videotape oral deposition if certified shorthand reporter simultaneously transcribes the deposition | DM-0339 |
| Notary public, it cannot be determined whether a notary public is a state officer under chapter 603 of the Texas Government Code | GA-0886 |
| Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as a | GA-0733 |
| Physician employed by state who petitions court for authority to administer psychoactive medication, duty of county or district attorney to represent | LO94-073 |
| Property interest in employment of public employees who may be removed for good cause | LO95-063 |
| Selective service registration or exemption, only males between ages of 18 and 25 inclusive need show evidence of for state employment | JC-0183 |
| Service awards, savings bonds not exceeding purchase price of fifty dollars permissible under 1995 General Appropriations Act, article IX, section 11 | LO96-132 |
| Serving as the state chair of a political party, because the state chair of a political party does not hold an office or position under this State a member of the Legislature is not barred from under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution from | GA-0880 |
| Statutory residency requirements, officer who ceases to comply with vacates office but holds over until successor is qualified | LO98-029 |
| Tax appraisal district, provision of assistance and oversight to | GA-0030 |
| Transcript preparation is responsibility of "official court reporter" and is to take place during normal business hours | GA-0164 |
| Veterans entitled to retention preference in reduction in workforce over similarly qualified and situated employees, but not over more qualified employees | DM-0422 |
| Authority and Duties |
| Election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1, in addition to the statutory election officer's oath. | KP-0140 |
| Governor's veto, if additional funds apart from what was vetoed by the Governor are available, and if authority outside of the vetoed language permits expenditure of those funds for a given purpose, and entity may spend other funds accordingly | KP-0048 |
| Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting Board | JC-0388 |
| Limit or prohibit an employee who is a notary public from performing notarial acts during employment hours, a private employer may
| GA-0723 |
| Notarial records and seal of an employee/notary public upon termination of employment, an employer may not retain the | GA-0723 |
| Notary public's duty to respond to a request for copies of entries in the notary public record book by providing redacted copies | GA-1095 |
| Person to whom property is transferred based on a purchase of the property for value, a reasonable construction of the word "assignee" could include a | GA-0906 |
| Post-employment restrictions applicable to employee of Public Utility Commission | DM-0209 |
| Property Code section 74.501, the Comptroller’s construction of the word "assignee," as used in that section, is entitled to deference so long as it is reasonable and not contrary to the plain language of the statute | GA-0906 |
| Public security officer employed by Adjutant General may carry handgun on work premises but not while traveling to and from work | JM-1271 |
| State Long-Term Care Ombudsman, authority to register a position and testify for or against legislation at legislative hearings | KP-0136 |
| Compensation and Benefits |
| Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency | GA-0736 |
| Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leave | GA-0736 |
| Charges not yet incurred, community or junior college may not contract with employee to deduct from salary | LO96-051 |
| City council, state employee may not receive compensation for serving as member of | LO90-106 |
| Compensatory leave, state employees may use while receiving weekly income benefits under workers' compensation law | JC-0188 |
| County-of-residence information, public employees' not required to be included in state expenditure database | GA-0572 |
| Deferred compensation program involving transfer of shares in mutual fund, authority of state university system to offer | JC-0431 |
| Garnishment of wages to collect guaranteed student loans | DM-0419 |
| General law water district, state employee may serve as member of board of directors only if he receives no compensation other than reimbursement of actual expenses | LO98-011 |
| Hazardous duty pay, employees of Board of Pardons and Paroles whose positions were reclassified in order to allow them to collect must serve one year before collecting | LO90-007 |
| Hazardous duty pay, Youth Commission employee's eligibility | DM-0376 |
| Legislative appropriation, salary of executive director of state school is limited to amount appropriated by legislature | LO96-041 |
| Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96) | DM-0346 |
| Longevity and benefit replacement pay included in capped salary rate for Texas Youth Commission teachers | LO97-010 |
| Military service, state or district officer called into may waive compensation and authorize payment to temporary custodian, but is not required to do so | LO90-096 |
| Overpayments of compensation to employees, recovery of | GA-0171 |
| Position classification plan, provisions of the appropriations act implementing | JC-0456 |
| Salary limits applicable to retired agency employees rehired by agency to perform services substantially similar to services performed during last 12 months of service before retirement | JC-0261 |
| Service credit transferred from Teacher Retirement System to Employee Retirement System, TRS responsible for paying portion of early retirement incentive | DM-0275 |
| State Emergency Communications, Commission on, public members of are not entitled to receive compensatory per diem | GA-0318 |
| State expenditure database, as private information a public employee's net salary information may not be included in | GA-0572 |
| Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employee | GA-0677 |
| Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rights | JC-0302 |
| Volunteers providing services for state agencies without receiving compensation are not included within chapter 104 of Civil Practice and Remedies Code | DM-0457 |
| Workers' compensation benefits, offset of against vacation leave | JC-0040 |
| Expenses and Reimbursement |
| Advisory committee members may receive reimbursement for expenses | JC-0437 |
| Continuing education requirements, state agency may pay employee's travel expenses incurred in satisfying job-related | LO90-086 |
| Criminal district attorney is not an employee or officer of a "state agency, institution, or department," entitled to indemnity for legal expenses under chapter 104 of the Government Code | GA-0523 |
| Legislators, Texas Constitution does not preclude payment of their legislative expenses during interim | DM-0023 |
| Transportation expenses, reimbursement to member limited to "the amount of the central travel office's contracted fares or rates" | LO97-110 |
| Leave |
| Adoption of child under three years of age, state employee may use reasonable amount of sick leave on account of | JM-1203 |
| Medical treatment, employee may use sick leave to accompany adult daughter to obtain | LO90-092 |
| Sick leave to care for child, managing or possessory conservator of ill child may take even if child is not an immediate family member under technical reading of article V, section 8(2) of General Appropriations Act | LO92-015 |
| Sick leave, natural parents may not use to care for a healthy newborn | JM-1203 |
| Texas Military Facilities Commission is not authorized to make a lump sum payment for accumulated sick leave to an individual whose employment has been terminated | GA-0201 |
| Vacation leave, (1) offset of workers' compensation benefits against; (2) substitution of annual leave for unpaid leave under Federal Family Medical Leave Act of 1993 | JC-0040 |
| Work-related injury, agency not required to terminate employee on unpaid leave for more than twelve months due to | DM-0214 |
| Liability |
| Acts taken in their official capacity, members of regional water planning groups are exempt from personal liability for | LO98-080 |
| Physician Health and Rehabilitation Advisory Committee members are not public officers for purposes of indemnification under Civil Practice and Remedies Code | KP-0243 |
| Physician Health and Rehabilitation Advisory Committee members are public officials for purposes of Civil Practice and Remedies Code chapter 108 liability limits | KP-0243 |
| Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96) | DM-0346 |
| Volunteer Department on Aging ombudsman intern, immunity from suit and authority of attorney general to represent | DM-0206 |
| Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code | DM-0457 |
| State Board Members |
| As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-aside | GA-1060 |
| Board of Directors of Department of Housing and Community Affairs, eligibility of city employee to serve as public member | LO96-043 |
| Board of Regents of a University System - Unless a state or federal law requires otherwise, a court would likely conclude that an individual regent may not be prohibited from obtaining access to records in the possession of the University that are necessary to fulfill his duties as a regent. | KP-0021 |
| Former member of Polygraph Examiners Board prohibited from appearing before Board to sponsor intern before second anniversary of departure | DM-0223 |
| Hold over status, appointed members of Peace Officers' Memorial Advisory Committee continue to serve after end of term until replaced or reappointed | LO95-039 |
| Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting Board | JC-0388 |
| Lucrative office, whether member of state agency governing board who serves without pay and is reimbursed only for actual expenses holds | LO95-050 |
| Regents of Stephen F. Austin State University are "public officials" for purposes of the nepotism prohibitions of chapter 573 of the Texas Government Code | GA-0073 |
| Removal of Finance Commission member for loss of qualification of office | LO92-046 |
| Teacher Retirement System of Texas, eligibility of member of board to serve when his spouse receives retirement benefits from the System | LO96-142 |
| Tobacco Settlement Permanent Trust Account Investment Advisory Committee, board members are not state officers required to file chapter 572, Government Code, financial statements
| GA-0611 |
