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Counsel Urges Narrow Reading of "Material"; Notes Unregistered Donations and OIG Finding
Summary
During oral argument before the Supreme Court of Texas, an unidentified counsel urged the court to read the statutory term "material" narrowly, argued that unregistered donations and discounted rates did not meet that threshold, and referenced an OIG finding described as a "state failure."
An unidentified counsel argued before the Supreme Court of Texas that the statutory term "material" should be read narrowly and in the context of the statute's separate subsections.
The counsel told the court that reading the statute requires consideration of related regulations, practices and policies and emphasized that subsections 1 and 2 serve different functions: subsection 1, the counsel said, establishes a baseline showing a possibility of obtaining a benefit, while…
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