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State of Texas
Texas Attorney General Opinions
by Jim Guidry
Saturday, May 19, 2012

Texas Attorney General Greg Abbott issued three opinions on Friday.

Abbott responded to a question by Galveston County Criminal District Attorney Jack Roady about whether recreational off-highway vehicles and all-terrain vehicles may be legally operated on a public beach and whether a county is authorized to establish a system for registering such vehicles with the county for operation on a beach.

“Whether an all-terrain vehicle or recreational off-highway vehicle may be lawfully operated on a public beach or a particular area of a public beach cannot be answered categorically without reference to particular facts and any rules, orders, or ordinances applicable to the particular beach or area of the beach,” Abbott said. “A county does not have the authority to establish a county system for registering an off-highway vehicle or an all-terrain vehicle for an individual to operate on a public beach.” Opinion

In another case Abbott says that the Texas Real Estate Commission lacks authority to waive the requirement require an applicant for a real estate inspector's license to carry liability insurance. Opinion

In a case where a Hidalgo County constable was convicted of a felony but whose conviction was finalized only after he was reelected to a new term, Abbott ruled that the official automatically vacates his office pursuant to the Local Government Code. Opinion

Abbott issued an opinion regarding the authority of the Comptroller of Public Accounts to commit the expenditure of funds from the Major Events Trust Fund. More




Jim Guidry Commentaries


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