Opinions
JC-0076.
(RQ-946)
The Honorable Rene O. Oliveira, Chair, Ways and Means Committee, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910. Re: Whether
a transit authority created under chapter 451 of the Transportation Code may
purchase a railroad line, part of which extends beyond the transit authority's
territory, and related question
S U M M A R Y.
A metropolitan transit authority
may purchase property beyond its service area if the authority determines
that the acquisition is "necessary, convenient, or useful" to providing mass
transit to persons in its service area. Likewise, a transit authority may
purchase a rail-freight-common-carrier obligation if the authority has determined
that the acquisition is "necessary, convenient, or useful" to providing mass-transit
services.
JC-0077. (RQ-1228)
The Honorable Florence
Shapiro, Chair, Committee on State Affairs, Texas State Senate, P.O. Box 12068,
Austin, Texas 78711. Re: Whether a van-access aisle adjacent to a van-accessible
parking space is an "architectural improvement designed to aid persons with
disabilities" for purposes of §681.011(c) of the Transportation Code.
S U M M A R Y.
Parking a vehicle so as to
block a van-access aisle is an offense under §681.011(c) of the Texas
Transportation Code.
JC-0078.
(RQ-1166)
Mr. Wayne Thorburn, Administrator, Texas Real Estate Commission, P.O.
Box 12188, Austin, Texas 78711-2188. Re: Whether chapter 37 of the Business
and Commerce Code applies to unsolicited telephone calls by licensed residential
service companies to consumers for the purpose of selling residential service
contracts and related questions.
S U M M A R Y.
Chapter 37 of the Business
and Commerce Code applies to unsolicited telephone calls made by a residential
service company for the purpose of selling residential service contracts.
Accordingly, the rights of a consumer and the obligations of a licensed residential
service company with respect to notice, cancellation, and refund are as set
out in chapter 37 if an amount is to be charged to the consumer's credit account.
However, an unsolicited telephone call to sell a new contract to a consumer
who held or holds such a contract is excepted from chapter 37's requirements
dealing with when and how consumer telephone calls must be made.
Chapter 39 of the Business and Commerce Code applies to residential service
contract solicitations by a licensed real estate broker or salesperson at
a home being listed or shown if (1) the broker or salesperson is acting as
the agent for the residential service company, and (2) the purchaser agrees
to purchase the services at the home or a place other than the merchant's
place of business. However, such a transaction may be excepted from chapter
39 if the parties engaged in prior negotiations at a fixed business establishment.
If a transaction is subject to chapter 39, the residential service contract
must include the notice and cancellation form as required by section 39.004.
A residential service contract subject to chapter 39 that provides a cancellation
period greater than three days would not violate chapter 39. A residential
service contract subject to chapter 39 that does not include the statutorily
required language with respect to the return of goods sold would violate chapter
39.
JC-0079. (RQ-0002)
The Honorable Michael
P. Fleming, Harris County Attorney, 1019 Congress, 15th Floor Houston, Texas
77002-1700. Re: Whether a commissioners court may set a maximum speed limit
on certain county roads below 30 miles an hour, and related questions.
S U M M A R Y.
Pursuant to §545.355
of the Transportation Code, a commissioners court may lower the speed limit
on a county road or highway, but not to less than thirty miles an hour absent
an engineering and traffic investigation.
JC-0080. (RQ-1226)
The Honorable James Warren
Smith, Jr., Frio County Attorney, 500 East San Antonio Street, Box 1, Pearsall,
Texas 78061-3100. Re: Whether under article III, §52 or article XI,
§3 of the Texas Constitution a county may pay registration fees for a
county official or county employee to attend a state association conference,
either mandatory or voluntary, and related questions.
S U M M A R Y.
Neither article III, §52
nor article XI, §3 of the Texas Constitution precludes a county commissioners
court from paying a county official's or county employee's registration fee
to attend a conference, or for lodging while the official or employee attends
the conference, so long as the commissioners court determines that the expenditures
will serve a public purpose and attaches conditions to the expenditure to
ensure the accomplishment of the public purpose. Likewise, neither article
III, §52 nor article XI, §3 prohibits a county from paying a publisher
in advance to publish public notices in the local newspaper, so long as the
county commissioners court determines that the expenditure serves a public
purpose and attaches sufficient conditions to the expenditure. A county commissioners
court may pay officials' and employees' salaries before the regularly scheduled
payday if the county has received all services it is due in consideration
of the payment. But the county may not, under article III, §52 and article
XI, §3 of the Texas Constitution, pay officials' and employees' salaries
in advance of the services being rendered unless it finds that some public
benefit will derive from doing so and that the early payment is sufficiently
conditioned to ensure that the public purpose will be accomplished.
JC-0081. (RQ-0003)
The Honorable Carole Keeton
Rylander, Comptroller of Public Accounts, Lyndon B. Johnson Building, 111
E. 17th Street, Austin, Texas 78701. Re: Whether a local government must
collect sales taxes on beach user fees charged pursuant to chapter 61 of the
Natural Resources Code and General Land Office rules.
S U M M A R Y.
Beach user fees charged by
a local government under chapter 61 of the Natural Resources Code and General
Land Office rules, see 31 Texas Administrative Code §15.2, §15.8
(1998), are not subject to sales tax under chapter 151 of the Tax Code.
TRD-9904258
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 14, 1999
RQ-0079.
Requested by: The Honorable Bill
Moore, Johnson County Attorney, 2 North Main Street, Cleburne, Texas 76031.
Re: Whether interest from the Motor Vehicle Inventory Tax Fund may be used
to supplement the salaries of county employees, and related questions (Request
Number 0079-JC). Briefs requested by August 6, 1999.
RQ-0080.
Requested by: The Honorable Judith
Zaffirini, Chair, Human Services Committee, Texas State Senate, P.O. Box 12068,
Austin, Texas 78711. Re: Constitutionality of a requirement of the Laredo
Civil Service Commission that a municipal fire fighter be a citizen of the
United States (Request Number 0080-JC). Briefs requested by August 7, 1999.
RQ-0081.
Requested by: The Honorable Michael
P. Fleming, Harris County Attorney, 1019 Congress, 15th Floor Houston, Texas
77002-1700. Re: Municipal designation of a reinvestment zone (Request Number
0081-JC). Briefs requested by August 7, 1999.
TRD-9904145
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 9, 1999
RQ-0082.
Requested by: The Honorable Bob
Hunter, Chair, State Federal and International Relations, Texas House of Representatives,
P.O. Box 2910, Austin, Texas 78768-2910. Re: Transfer of matching endowment
funds to the National Geography Society (Request Number 0082-JC). Briefs requested
by August 13, l999.
TRD-9904259
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 14, 1999
Requests for Opinions