TITLE attorney-general

Letter Opinions

LO 97-113(ID# 39622). Request from Mr. Morris Sandefer, Commissioner Fire Fighters' Pension Commission, P.O. Box 12577, Austin, Texas 78711, concerning proposed changes to Corpus Christi Fire Fighters' Retirement System benefits plan.

Summary. A post-retirement increase in benefits made pursuant to the Texas Local Fire Fighters Retirement Act, Texas Civil Statutes, Article 6243, §7, for a retiree covered by the act is not "extra compensation" prohibited by article III, §53 of the Texas Constitution.

LO 97-114(ID# 39244). Request from the Honorable Steve Holzheauser, Chair, Committee on Energy Resources, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether Texas Civil Statutes, Article 6687-2(k) authorizes the Texas Department of Public Safety to seize motor vehicles from persons other than salvage vehicle dealers.

Summary. Texas Civil Statutes, Article 6687-2, subsection (k), does not authorize the seizure of motor vehicles from persons other than salvage vehicle dealers. This construction of Article 6687-2(k) does not affect the authority of law enforcement agencies and officers to take custody of stolen motor vehicles under other law.

DM-460(RQ-939). Request from the Honorable Jose R. Rodraguez, El Paso County Attorney, County Courthouse, 500 East, San Antonio, Room 203 El Paso, Texas 79901, concerning authority of the El Paso County Juvenile Probation Board to enter into contracts or authorize expenditures without the commissioners court's approval.

Summary. The El Paso County Juvenile Department is an entity separate and distinct from the County of El Paso. Thus, any contract entered into by the El Paso County Juvenile Probation Board on behalf of the department would not, as a general matter, impose any liability on the county. As a general rule and in the absence of a statute to the contrary, the board may enter into authorized contracts without the approval of the county commissioners court. The board may enter into contracts with school districts for provision of juvenile justice alternative education programs as permitted by section 37.011(e) of the Education Code without the county commissioners court's approval. The board may authorize expenditure of state aid and county funds independent of the commissioners court's review and approval.

DM-461(RQ-990). Request from the Honorable James Warren Smith, Jr., Frio County Attorney, 500 East San Antonio, Box 1 Pearsall, Texas 78061-3100, concerning whether a community supervision and corrections department may refuse to supervise a sixteen-year-old defendant who has been con- victed of perjury in a criminal proceeding and placed on community supervision by the criminal court.

Summary. A community supervision and corrections department must supervise a sixteen-year-old defendant who has been convicted of perjury in a criminal proceeding and placed on community supervision by a criminal court, regardless of the defendant's age.

Request for Opinions

RQ-1045. Request from the Honorable Tod Mixson, Orange County Auditor, P.O. Box 399, Orange, Texas 77631-0399, concerning whether a county auditor may process a claim against the county for the settlement of litigation, and related questions.

RQ-1046. Request William R. Archer III, M.D., Commissioner of Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78759-3199, concerning authority of the Texas Department of Health to garnish medicaid provider payments to satisfy delinquent child support obligations.

RQ-1047. Requested from the Honorable Juan J. Hinojosa, State Representative, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether an economic development corporation created pursuant to Texas Civil Statutes, §4B, Texas Civil Statutes, Article 5190.6, , may spend sales tax revenues for promotional purposes, and related questions.