Texas Attorney General Opinion: JC-559 (open access)

Texas Attorney General Opinion: JC-559

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether the Texas Department of Insurance is authorized to examine certain nonprofit health corporations under Insurance Code articles 20A.17 and 20A.18C (RQ-0534-JC)
Date: October 4, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-560 (open access)

Texas Attorney General Opinion: JC-560

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether the Public Information Act provides for sanctions against an electricity market participant for filing with the Office of the Attorney General groundless claims of confidentiality as to its records held by the Public Utility Commission that are requested under the Act (RQ-0536-JC)
Date: October 4, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-561 (open access)

Texas Attorney General Opinion: JC-561

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether the Texas Interagency Council on Early Childhood Intervention is authorized to require local service providers to collect and submit to the Council personally identifiable information regarding children and their families, and related questions (RQ-0535-JC)
Date: October 11, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-562 (open access)

Texas Attorney General Opinion: JC-562

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether a city official who becomes a candidate for the office of precinct chair of a political party is subject to the “resign-to-run” provision of article XI, section 11 of the Texas Constitution (RQ-0537-JC)
Date: October 11, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-563 (open access)

Texas Attorney General Opinion: JC-563

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Constitutionality of statute authorizing the Texas Commission of Human Rights to review the personnel policies and procedures of Texas state appellate courts for compliance with the Texas Human Rights Act (RQ-0538-JC)
Date: October 14, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-564 (open access)

Texas Attorney General Opinion: JC-564

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether a city council may determine than its members are not eligible to serve as members of a volunteer fire department, and related questions (RQ-0539-JC)
Date: October 14, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-565 (open access)

Texas Attorney General Opinion: JC-565

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification; Whether section 130.908 of the Local Government Code applies when an incumbent county commissioner is not renominated to office in a primary election, and related question (RQ-0540-JC)
Date: October 22, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-566 (open access)

Texas Attorney General Opinion: JC-566

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Procedure for certification of foreign educators by State Board for Educator Certification.
Date: October 22, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-567 (open access)

Texas Attorney General Opinion: JC-567

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether a business located in an enterprise zone and presently designated an "enterprise project" and allocated the maximum jobs and tax benefits may receive an additional and concurrent enterprise project designation in the same zone and receive an additional maximum job allocation and the related tax benefits.
Date: October 29, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-568 (open access)

Texas Attorney General Opinion: JC-568

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether a county commissioners court may set the daily reimbursement rate of grand jurors' expenses at a rate different from petit jurors' expenses, and related question.
Date: October 29, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-569 (open access)

Texas Attorney General Opinion: JC-569

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Consequences of the defeat of a ballot proposition confirming the creation of the Southeast Trinity Groundwater Conservation District, and related questions.
Date: October 31, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: JC-570 (open access)

Texas Attorney General Opinion: JC-570

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether the Rural Foundation created by the Seventy-seventh Texas Legislature in chapter 110 of the Health and Safety Code may finance rural programs that are not health programs.
Date: October 31, 2002
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Financial Management: Strategies to Address Improper Payments at HUD, Education, and Other Federal Agencies (open access)

Financial Management: Strategies to Address Improper Payments at HUD, Education, and Other Federal Agencies

Testimony issued by the General Accounting Office with an abstract that begins "This testimony discusses (1) how internal control weaknesses make the departments of Housing and Urban Development (HUD) and Education vulnerable to, and in some cases have resulted in, improper and questionable payments and (2) strategies these and other federal agencies can use to better manage their improper payments. Despite a climate of increased scrutiny, most improper payments associated with federal programs continue to go unidentified as they drain taxpayer resources away from the missions and goals of our government. GAO found that both HUD and Education lacked fundamental internal controls over their purchase card programs that would have minimized the risk of improper purchases. Combined with a lack of monitoring, environments were created at HUD and Education where improper purchases could be made with little risk of detection. One of the most important internal controls in the purchase card process is the review of supporting documentation and approval of each purchase by the approving official. Another control that is effective in helping to prevent improper purchases is the blocking of certain merchant category codes. This control, available as part of the agencies' purchase card contracts with the card …
Date: October 3, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Purchase Cards: Navy Vulnerable to Fraud and Abuse but Is Taking Action to Resolve Control Weaknesses (open access)

Purchase Cards: Navy Vulnerable to Fraud and Abuse but Is Taking Action to Resolve Control Weaknesses

Testimony issued by the General Accounting Office with an abstract that begins "For a number of years, the Department of Defense (DOD) has been promoting departmentwide use of purchase cards, and their use has dramatically increased. DOD reported that in fiscal year 2001, more than 230,000 civilian and military cardholders made 10.7 million purchase card transactions valued at more than $6.1 billion. The Navy has the second largest purchase card program in DOD. As was previously reported, there were significant breakdowns in internal control at two Navy sites that left those units vulnerable to fraud, waste, and abuse. These weaknesses are representative of systematic Navy-wide purchase card control weaknesses that have left Navy vulnerable to fraudulent, wasteful, and abusive use of purchase cards. Since the original report, the Navy has been taking actions to improve the purchase card control environment and improve cardholder adherence to key purchase card control procedures. The Navy has also taken more aggressive actions to identify fraudulent, improper, and abusive or questionable purchase card acquisitions."
Date: October 8, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Homeland Security: OMB's Temporary Cessation of Information Technology Funding for New Investments (open access)

Homeland Security: OMB's Temporary Cessation of Information Technology Funding for New Investments

Testimony issued by the General Accounting Office with an abstract that begins "This testimony discusses the temporary cessation of funding for new information technology (IT) infrastructure and business system investments related to the proposed Department of Homeland Security. Integrating the diverse communication and information systems of the myriad of organizations that would be part of the proposed Department of Homeland Security would be an enormous undertaking. Among the near-term challenges that would have to be addressed to successfully tackle this task is developing an enterprise architecture. Managed properly, enterprise architectures can clarify and help optimize the interdependencies and interrelationships among related enterprise operations and the underlying IT infrastructure and applications that support them. Another long-term challenge is establishing and enforcing a disciplined IT investment management process. Well managed IT investments that are carefully selected and focused on meeting mission needs can propel an organization forward, dramatically improving performance while reducing costs. To help tackle these challenges, in July the Office of Management and Budget (OMB) issued two memoranda to selected agencies telling them to "cease temporarily" and report on new IT infrastructure an business systems investments above $500,000, which are to be reviewed by IT infrastructure and business system investments …
Date: October 1, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Chemical and Biological Defense: Observations on DOD's Risk Assessment of Defense Capabilities (open access)

Chemical and Biological Defense: Observations on DOD's Risk Assessment of Defense Capabilities

Testimony issued by the General Accounting Office with an abstract that begins "The Department of Defense (DOD) believes it is increasingly likely that an adversary of the United States will use chemical or biological weapons against U.S. forces to degrade superior U.S. conventional warfare capabilities, placing service members' lives and effective military operations at risk. During the past 6 years, GAO has identified many problems with DOD's capabilities to defend against chemical and biological weapons and sustain operations in the midst of their use. Although GAO has found that DOD has made some improvements--in equipment, training, and reporting, and in the coordination of research and development activities--it has continuing concerns in each of these areas. One particular issue is the supply of chemical protective clothing and the way associated risk is assessed. Due to the upcoming expiration of existing protective suits, the slower rate at which new suits are entering the inventory, and DOD's method of assessing risk for individual items rather than complete protective ensembles, GAO believes that the risk for protective clothing shortages may increase dramatically from now through 2007. GAO is also concerned that certain management weaknesses, such as program organizational complexity and prolonged vacancies in key …
Date: October 1, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Commercial Aviation: Financial Condition and Industry Responses Affect Competition (open access)

Commercial Aviation: Financial Condition and Industry Responses Affect Competition

Testimony issued by the General Accounting Office with an abstract that begins "This testimony discusses the economic state of the airline industry. Many, but not all, major U.S. passenger airlines are experiencing their second consecutive year of record financial losses. In 2001, the U.S. commercial passenger airline industry reported losses in excess of $6 billion. For 2002, some Wall Street analysts recently projected that U.S. airline industry losses will approach $7 billion, and noted that the prospects for recovery during 2003 are diminishing. Carriers have taken many actions to lower their costs and restructure their operations. Since September 2001, carriers have furloughed 100,000 staff, renegotiated labor contracts, and streamlined their fleets by retiring older, costlier aircraft. Carriers have reduced capacity by operating fewer flights or smaller aircraft. In some cases, carriers eliminated all service to communities. As the aviation industry continues its attempts to recover, Congress will be confronted with a need for increased oversight of a number of public policy issues. First, airlines' reactions to financial pressures will affect the domestic industry's competitive landscape. Second, airlines' reductions in service will likely place additional pressure on federal programs supporting air service to small communities, where travel options are already limited. …
Date: October 2, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Travel Cards: Control Weaknesses Leave Navy Vulnerable to Fraud and Abuse (open access)

Travel Cards: Control Weaknesses Leave Navy Vulnerable to Fraud and Abuse

Testimony issued by the General Accounting Office with an abstract that begins "This testimony discusses the Department of the Navy's internal controls over the government travel card program. The Navy's average delinquency rate of 12 percent over the last 2 years is nearly identical to the Army's, which has the highest delinquency rate in the Department of Defense, and 6 percentage points higher than that of federal civilian agencies. The Navy's overall delinquency and charge-off problems, which have cost the Navy millions in lost rebates and higher fees, are primarily associated with lower-paid, enlisted military personnel. In addition, lack of management emphasis and oversight has resulted in management failure to promptly detect and address instances of potentially fraudulent and abusive activities related to the travel card program. During fiscal year 2001 and the first 6 months of fiscal year 2002, over 250 Navy personnel might have committed bank fraud by writing three or more nonsufficient fund checks to Bank of America, while many others abused the travel card program by failing to pay Bank of America charges or using the card for inappropriate transactions such as for prostitution and gambling. However, because Navy management was often not aware of these …
Date: October 8, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Teacher Training Programs: Activities Underway to Improve Teacher Training, but Information Collected To Assess Accountability Has Limitations (open access)

Teacher Training Programs: Activities Underway to Improve Teacher Training, but Information Collected To Assess Accountability Has Limitations

Testimony issued by the General Accounting Office with an abstract that begins "In 1998, the Congress amended the Higher Education Act (HEA) to enhance the quality of teaching in the classroom by improving training programs for prospective teachers and the qualifications of current teachers. This testimony focuses on two components of the legislation: one that provides grants and another, called the "accountability provisions," that requires collecting and reporting information on the quality of all teacher training programs and qualifications of current teachers. The Subcommittee asked that we provide information on (1) activities grantees supported and what results are associated with these activities and (2) whether the information collected under the accountability provisions provides the basis to assess the quality of teacher training programs and the qualifications of current teachers."
Date: October 9, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Customs Service: Acquisition and Deployment of Radiation Detection Equipment (open access)

Customs Service: Acquisition and Deployment of Radiation Detection Equipment

Testimony issued by the General Accounting Office with an abstract that begins "GAO reviewed the Customs Service's acquisition and deployment of radiation detection equipment and assistance provided by the United States to foreign countries to combat nuclear smuggling. GAO found that observations concerning the acquisition of radiation detection equipment have not changed. The Customs Service's primary radiation detection equipment--radiation pagers--have certain limitations and may be inappropriate for the task. Further, there is still no comprehensive plan in place for installing and using radiation detection equipment at all U.S. border crossings and ports of entry. Regarding U.S. efforts to help other countries combat smuggling, a number of U.S. agencies, including Customs, have provided assistance to foreign countries--mostly in the former Soviet Union and Central and Eastern Europe. The agencies have provided a range of assistance including radiation detection equipment and training as well as other equipment and training to generally improve countries' ability to interdict nuclear smuggling."
Date: October 17, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Catastrophe Insurance Risks: The Role of Risk-Linked Securities (open access)

Catastrophe Insurance Risks: The Role of Risk-Linked Securities

Testimony issued by the General Accounting Office with an abstract that begins "Because of population growth, resulting real estate development, and rising real estate values in hazard-prone areas, our nation is increasingly exposed to higher property casualty losses--both insured and uninsured--from natural catastrophes than in the past. In the 1990s, a series of natural disasters, including Hurricane Andrew and the Northridge earthquake, raised questions about the adequacy of the insurance industry's financial capacity to cover large catastrophes without limiting coverage or raising premiums. Recognizing this greater exposure and responding to concerns about insurance market capacity, participants in the insurance industry and capital markets have developed new capital market instruments as an alternative to traditional property-casualty reinsurance, or insurance for insurers. GAO's objectives were to (1) describe catastrophe risk and how the insurance and capital markets provide coverage against such risks; (2) describe how risk-linked securities, particularly catastrophe bonds, are structured; and (3) analyze how key regulatory, accounting, tax, and investor issues might affect the use of risk-linked securities."
Date: October 8, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Homeland Security: Department of Justice's Response to Its Congressional Mandate to Assess and Report on Chemical Industry Vulnerabilities (open access)

Homeland Security: Department of Justice's Response to Its Congressional Mandate to Assess and Report on Chemical Industry Vulnerabilities

Correspondence issued by the General Accounting Office with an abstract that begins "Congress passed the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act after a number of testimonies expressing concerns about the vulnerability of chemical facilities to criminal and terrorist attacks. According to the Attorney General's interim report, chemical facilities visited generally had safety and emergency response measures that could mitigate the consequences of a terrorist attack. The report further stated that the level of security at chemical facilities is roughly equivalent to standard security practices found in most industries. The interim report also contains nine preliminary findings that cumulatively address the other required reporting elements--the vulnerability of facilities to criminal and terrorist activity, current industry site security practices, and the security of chemicals being transported. These findings address the extent to which 11 facilities conducted facility security assessments, had the capability to respond to armed attacks, conducted emergency response exercises, conducted routine pre-employment background investigations, had secure process control systems, had secure chemical transportation containers, had adequate security measures over transportation of hazardous chemicals, received meaningful threat information, and had effective facility security systems."
Date: October 10, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Immigration Benefits: Eighth Report Required by the Haitian Refugee Immigration Fairness Act of 1998 (open access)

Immigration Benefits: Eighth Report Required by the Haitian Refugee Immigration Fairness Act of 1998

Correspondence issued by the General Accounting Office with an abstract that begins "The Haitian Refugee Immigration Fairness Act (HRIFA) of 1998 authorized certain Haitian nationals and their dependents to apply to adjust their status to legal permanent residence. Section 902(k) of the act requires the Comptroller General to report every six months on the number of Haitian nationals who have applied and been approved to adjust their status to legal permanent residence. The reports are to contain a breakdown of the numbers who applied and the number who were approved as asylum applicants, parolees, children without parents, orphaned children, or abandoned children; or as the eligible dependents of these applicants, including spouses, children, and unmarried sons or daughters. As of September 30, 2002, the Immigration and Naturalization Service had received a total of 36,774 HRIFA applications and had approved 8,410 of these applications. The Executive Office for Immigration Review had 339 applications filed and had approved 117 of them."
Date: October 22, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library
Information on Federal Contractors That Are Incorporated Offshore (open access)

Information on Federal Contractors That Are Incorporated Offshore

Correspondence issued by the General Accounting Office with an abstract that begins "Some U.S.-based multinational companies have found that the effective tax rate on income earned from foreign sources can be reduced if they are incorporated in countries that either do not tax corporate income at all or tax the income at a lower rate than the U.S. corporate tax rate. Consequently, some U.S.-based companies incorporate from the outset in these so-called "tax haven" countries. In addition, some companies that were incorporated in the United States have reincorporated in tax haven countries through "corporate inversion transactions." According to the Department of the Treasury, the term "inversion" is used to describe a transaction through which a U.S.-based multinational company restructures its corporate group so that after the transaction the ultimate parent of the corporate group is a foreign corporation. After an inversion transaction, shareholders of the former U.S. parent company hold stock of the newly formed foreign parent, and the operations of the company are unchanged. Treasury also noted that there has been a marked increase recently in the frequency, size, and profile of inversion transactions. Four of the top 100 federal contractors that are publicly traded corporations are incorporated in …
Date: October 1, 2002
Creator: United States. General Accounting Office.
System: The UNT Digital Library