Texas Attorney General Opinions
Opinions from the Texas Attorney General's Office
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- GA-0605
Opinion: GA-0605
Re: The meaning of "proper magistrate" or "proper court" within article 15.20(b), Code of Criminal Procedure
Request for Opinion: RQ-0624-GASummary: When an individual arrested on an out-of-county warrant under Code of Criminal Procedure article 15.18 is also arrested on a parole revocation warrant, the magistrate who places the arrested person in jail must immediately notify the sheriff of the county in which the offense is alleged to have been committed of the arrest on both warrants. The sheriff receiving the notice must take charge of the arrested person and have him brought before the proper court or magistrate. The proper magistrate is an officer of the county identified by Code of Criminal Procedure article 2.09 as a magistrate, and the proper court is the court over which the magistrate presides. The sheriff may take the arrested person before a magistrate of the county where the person is held, or, to provide the magistrate's warnings more expeditiously, before a magistrate in any other county of the state. The sheriff is not required to take the arrested person to a magistrate in the county to which the person was paroled. A magistrate may perform a magistrate's duties under chapter 15 for an alleged offender even though he is not authorized to try the offense on the merits.
Fri, 29 Feb 2008 18:33:35 -0500 - GA-0604
Opinion: GA-0604
Re: Whether a project financed in distinct phases is subject to the competitive bidding requirements of the County Purchasing Act
Request for Opinion: RQ-0620-GASummary: It is a county auditor's duty under the statutory mandates of that office to decide whether to approve a claim, bill, or account. A county auditor is not, therefore, bound by the advice or opinion of the county attorney regarding the lawfulness of a claim, bill, or account against a county. In order to conclude that a project financed in distinct phases violates the competitive bidding requirements of the County Purchasing Act ("Act"), one must consider the facts, including whether the purchase is undertaken with the intent of avoiding the requirements of the Act and whether the purchase would in normal purchasing practices be made as a single purchase. These considerations involve questions of fact that cannot be resolved in an attorney general opinion.
Fri, 29 Feb 2008 12:20:09 -0500 - GA-0603
Opinion: GA-0603
Re: Whether a non-profit economic development foundation that receives partial funding from quasi-public utilities is subject to the Texas Public Information Act
Request for Opinion: RQ-0619-GASummary: A private entity that is supported in whole or in part by public funds or that spends public funds is in whole or in part a governmental body subject to the Public Information Act. Whether a private entity, such as a non-profit economic development foundation that receives partial funding from "quasi-public" utilities, is a governmental body requires a determination regarding the public nature of the funds and whether the public funds are spent or received by the entity in return for specific, measurable services or as general support. Such a determination involves the resolution of facts and is inappropriate for the attorney general opinion process. Private entities that are in whole or in part governmental bodies under section 552.003, Government Code, are subject to the Public Information Act and must make public information available to the public. Whether information is public information required to be disclosed or information otherwise excepted from disclosure is a matter for an attorney general decision under the Public Information Act.
Fri, 29 Feb 2008 12:19:15 -0500 - GA-0602
Opinion: GA-0602
Re: Whether, under Local Government Code chapter 334, Terrell County may borrow money to construct an approved venue project, to be repaid from the venue project fund
Request for Opinion: RQ-0615-GASummary: A county, such as Terrell County, may use money in its venue project fund to pay any of the costs of constructing an approved venue project. The county may borrow money to pay such costs, to be repaid from the venue project fund, only by the "issuance of bonds . . . or other obligations."
Thu, 14 Feb 2008 10:24:17 -0500 - GA-0601
Opinion: GA-0601
Re: Whether Mills County may fund the Fox Crossing Water District
Request for Opinion: RQ-0615-GASummary: The Fox Crossing Water District (the "District"), a special-law conservation and reclamation district, is authorized to impose taxes and fees and collect other revenues generated by its operations. No statutory provision, however, prohibits the District from funding all its operation and maintenance expenses from other revenues such as grants, gifts, loans or other revenues received from other sources, including Mills County, Texas (the "County"), if the source can legally provide the funds. But no constitutional provision or statute authorizes the County to pay for all of the District's maintenance and operation expenses.
Tue, 12 Feb 2008 07:37:33 -0500 - GA-0600
Opinion: GA-0600
Re: Whether a county commissioners court is prohibited from executing a tax abatement agreement with a wind turbine company for its fixtures and improvements to be located on a commissioner's real property; whether a commissioner who will receive royalties from a wind turbine company must abstain from voting on a tax abatement agreement with the company
Request for Opinion: RQ-0612-GASummary: A county may enter into a tax abatement agreement with the owner of taxable real property located in a reinvestment zone, and with the owner of a leasehold interest in or improvements on tax-exempt property located in a reinvestment zone. Assuming that the "fixtures and improvements" owned by a wind turbine company constitute "improvements on tax-exempt real property that is located in a reinvestment zone" under section 312.402 of the Tax Code, the mere fact that a member of a commissioners court owns the real property on which the fixtures and improvements will be located does not prohibit fixtures and improvements from being the subject of a tax abatement agreement. A member of a commissioners court generally must abstain from a vote on a matter if it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property distinguishable from its effect on the public. Whether a vote on a particular tax abatement agreement will have such a special economic effect is generally a question of fact that cannot be resolved in an attorney general opinion.
Tue, 29 Jan 2008 15:48:10 -0500 - GA-0599
Opinion: GA-0599
Re: Whether the Brazos River Authority may discount and freeze current lease rates for lessees over 65 years of age
Request for Opinion: RQ-0611-GASummary: We find no statutory provision in either the Brazos River Authority's enabling legislation or applicable general laws that specifically prohibits a discounted lease rate and freeze for certain lessees. As to article III, section 52(a) of the Texas Constitution, it does not preclude offering discounted lease rates and rate freezes to certain lessees if the lease terms do not constitute the gratuitous application of public funds for a private purpose and if the governing body reasonably determines, in the first instance, that: (1) the lease terms have as their predominant purpose the accomplishment of a public, rather than a private, purpose of the BRA; (2) the BRA retains sufficient control to ensure accomplishment of the public purpose and to protect the public's investment; and (3) the public receives a return benefit.
Fri, 25 Jan 2008 13:59:16 -0500 - GA-0598
Opinion: GA-0598
Re: Whether section 521.032, Transportation Code, which permits the Department of Public Safety to issue an enhanced driver's license or personal identification certificate for the purpose of crossing the border between Texas and Mexico conflicts with federal law
Request for Opinion: RQ-0610-GASummary: Section 521.032 of the Texas Transportation Code requires an enhanced driver's license to be supported by an applicant's proof of citizenship, identity, and state residency, and to include a one-to-many biometric matching system as well as reasonable security and encryption measures. A section 521.032 enhanced driver's license is consistent with current federal law regarding passports if: (1) the license is "determined . . . by the Secretary of Homeland Security to be sufficient to denote identity and citizenship"; and (2) the license conforms to the technology, security, and operational requirements of the Western Hemisphere Travel Initiative implemented under section 7209(b) of Public Law 108-458, such as being machine readable and tamper proof.
Tue, 22 Jan 2008 15:08:44 -0500 - ga-0587
Opinion: ga-0587
Re: Re: Whether a member of the Village of Wimberley City Council may serve simultaneously on the board of directors of the Wimberley Water Supply Corporation
Request for Opinion: RQ-0613-GASummary: Under Local Government Code section 171.009, the mayor of the Village of Wimberley and a member of the Village of Wimberley City Council may serve simultaneously on the Wimberley Water Supply Corporation's board of directors only if they receive no compensation or other remuneration from the water supply corporation.
Fri, 18 Jan 2008 22:06:56 -0500 - GA-0596
Opinion: GA-0596
Re: Operation of Texas Education Code section 11.168 prohibiting certain school district agreements
Request for Opinion: RQ-0609-GASummary: The general rule in Texas is that statutes apply prospectively unless the statutory language indicates that the Legislature intended the statute to apply retroactively. Texas Education Code section 11.168 prohibits a school district board of trustees from entering into an agreement authorizing the use of school district resources for improvement of real property not owned or leased by the school district. Because the statute does not indicate that the Legislature intended the statute to apply retroactively, it does not apply to such an agreement entered into before the effective date of the statute.
Thu, 17 Jan 2008 15:40:07 -0500 - GA-0595
Opinion: GA-0595
Re: Applicability of the nepotism statutes, Government Code chapter 573, to an individual employed by the City of Pharr
Request for Opinion: RQ-0608-GASummary: The charter of the City of Pharr, a home-rule municipality, delegates to the city manager the power to appoint individuals to positions below the department-head level without consulting the municipal governing board. If the charter provides the city manager with full and final appointing authority to appoint individuals to such positions and reserves no authority for the city's governing body in these appointments, the city manager may appoint an individual who is related to a city commissioner, but who is not related to the city manager, without contravening the nepotism statutes, Government Code chapter 573.
Thu, 17 Jan 2008 15:39:11 -0500 - GA-0594
Opinion: GA-0594
Re: Whether Hood County is responsible for maintaining certain subdivision roads
Request for Opinion: RQ-0606-GASummary: A commissioners court's approval of the subdivision plat for filing does not constitute county acceptance of a dedication of roads depicted on the plat. Under Transportation Code chapter 281 counties with a population of 50,000 or less may acquire a public interest in a private road only according to the specific methods set out in that chapter. A road may be dedicated to a county subject to chapter 281 only by an explicit, written communication to the commissioners court. Adverse possession cannot be shown by maintenance of the road with public funds.
Thu, 17 Jan 2008 15:38:19 -0500 - GA-0593
Opinion: GA-0593
Re: Court's authority to modify the conditions of probation to allow probationers to pay a fee in lieu of community service hours not performed
Request for Opinion: RQ-0604-GASummary: A court does not have general authority to modify the conditions of probation to require the probationer to pay a fee to be used for community supervision and correction department purposes in lieu of performing community services. Under appropriate circumstances, a court may modify conditions of probation to eliminate a condition requiring the performance of community services. A court may modify conditions of probation to require a probationer to make a specified donation to a local food bank or food pantry in lieu of community service. And a court may modify the conditions of probation to require a payment only if the payment is expressly authorized by law or constitutes a fine, court costs, restitution to the victim, or a condition related personally to the rehabilitation of the defendant.
Thu, 17 Jan 2008 13:47:31 -0500 - GA-0592
Opinion: GA-0592
Re: Whether the Texas Lottery Commission may operate a raffle-style game
Request for Opinion: RQ-0602-GASummary: The Texas Lottery Commission may not operate a "raffle-style" game, nor may it enter into a contract with a private entity to operate such a game on behalf of the state.
Thu, 17 Jan 2008 13:46:14 -0500 - GA-0591
Opinion: GA-0591
Re: Whether the Texas Lottery Commission may adopt a rule authorizing video or digital display of the outcome of instant bingo games
Request for Opinion: RQ-0597-GASummary: A Texas Lottery Commission rule authorizing the "graphic and dynamic" video confirmation device solely to inform players of the winning numbers in a bingo game would not by itself convert the game into electronic bingo.
Thu, 17 Jan 2008 13:45:09 -0500
