Opinions
Opinion No. JC-0231.
The Honorable Susan D. Reed, Bexar County Criminal District Attorney,
Bexar County Justice Center, 300 Dolorosa, Fifth Floor, San Antonio, Texas
78205-3030.
Re: Whether the county tax assessor-collector or the county treasurer may
electronically transfer tax funds from the tax assessor-collector's account
to the appropriate county fund (RQ-0162-JC).
S U M M A R Y.
County tax funds may be electronically transferred from the county tax
assessor-collector's account in the county depository to the county treasury.
Only the county tax assessor-collector is authorized to initiate electronic
transfer of the funds.
Opinion No. JC-0232.
The Honorable Nolan B. Wickel, Jr., Henderson County Attorney, Henderson
County Courthouse, Room 100, Athens, Texas 75751
Re: Whether a state salary supplement should be included in determining
who is the "highest paid elected county officer" for purposes of section 150.032
of the Texas Local Government Code (RQ-0174-JC).
S U M M A R Y.
The maximum amount of compensation that may be paid to the county auditor
of Henderson County is the total amount of compensation paid to the county
attorney, including the state salary supplement.
Opinion No. JC-0233.
The Honorable Ron Lewis, Chair, Energy Resources Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910.
Re: Whether a governmental body may meet in executive session to discuss
a proposed contract (RQ-0168-JC).
S U M M A R Y.
Section 551.071(2) of the Government Code incorporates the attorney-client
privilege. Under section 551.071(2), a governmental body may consult with
its attorney in executive session to receive advice on the legal issues raised
by a proposed contract, but under this provision the governmental body may
not discuss the merits of a proposed contract, financial considerations, or
other nonlegal matters related to the contract merely because its attorney
is present.
Opinion No. JC-0234.
The Honorable J.E. -Buster- Brown, Chair, Natural Resource Committee, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711-2068.
Re: Whether an excavator, who has given proper notice of a planned excavation
under §251.151 of the Utilities Code, must give a new notice to a notification
center when excavation does not start within fourteen days of the date the
excavator provides the notice (RQ-0173-JC).
S U M M A R Y.
An excavator that properly notifies a notification center of a planned
excavation under §251.151 of the Utilities Code no more than fourteen
days nor no less than forty-eight hours before the excavation is expected
to commence must notify the notification center again if the commencement
is delayed beyond fourteen days of the original notice. See Tex. Util. Code
Ann. §251.151(a) (Vernon Supp. 2000).
Opinion No. JC-0235.
The Honorable Chris Harris Chair, Administration Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711-2068.
Re: Whether a property owner of land dedicated as a cemetery may convey
the land and related questions (RQ-0175-JC).
S U M M A R Y.
Property dedicated as a cemetery must be used as a cemetery unless and
until the dedication is removed. A permit from the Texas Department of Health
is required to remove remains from a cemetery to another, offsite location
or to disturb remains in an unknown or abandoned cemetery in order to construct
improvements on the property. A cemetery dedication may be removed in an action
under §711.010 or §711.036 of the Health and Safety Code or in an
action to abate a cemetery as a nuisance under §711.007.
Opinion No. JC-0236.
The Honorable Chris Harris Chair, Administration Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711-2068, Opinion No. JC-0236.
Re: Time when municipal tax abatement ends for a property owner elected
to the city council that granted the abatement: Clarification of Attorney
General Opinion JC-0155 (1999) (RQ-0177-JC)
S U M M A R Y.
Attorney General Opinion JC-0155 (1999) determined that property owned
or leased by a member of a municipality's governing body is not eligible for
a tax abatement agreement authorized by the Property Redevelopment and Tax
Abatement Act, chapter 312 of the Tax Code. Attorney General Opinion JC-0155
is clarified by determining when the property loses the tax exemption granted
by the tax abatement agreement.
If the owner of property subject to the tax abatement agreement is elected
to the municipality's governing body, the tax exemption created by the agreement
is lost on the date the property owner assumes office as a member of the governing
body. The tax due on the property for the year is determined according to
the method set out in §26.10 of the Tax Code.
Opinion No. JC-0237.
The Honorable Bill Ratliff, Chair, Senate Finance Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711.
Re: Whether an oyster-bed lease authorized by chapter 76 of the Parks and
Wildlife Code is a perpetual lease or an annual lease, and related questions
(RQ-0163-JC).
S U M M A R Y.
An oyster-bed lease authorized
under chapter 76 of the Parks and Wildlife Code is a periodic, year-to-year
lease that may be terminated at the end of any lease year by the state after
giving reasonable notice of termination. A chapter 76 oyster-bed lease does
not create a perpetual leasehold interest. An oyster-bed leaseholder is authorized
to sell or convey the oyster-bed lease. The lease does not expire on the death
of the leaseholder. Chapter 76 does not prohibit a family member or family
business partner from acting as an agent for other leaseholders; rather it
proscribes the "control" of more than 100 acres of submerged land by the same
person. No person may exercise power or authority over more than 100 acres
of submerged land pursuant to one or more oyster-bed leases. Control over
more than 100 acres of land covered by water pursuant to another person's
oyster-bed lease is not a "lease-breaking condition" that allows the state
to cancel the lease by which such control is exercised.
Opinion No. JC-0238.
The Honorable Gary L.
Walker, Chair, Committee on Land and Resource Management, Texas House of Representatives,
P.O. Box 2910, Austin, Texas 78768-2910 Opinion No. JC-0238. Re: Whether a
county may permit the installation of temporary water lines along its right-of-way
(RQ-0164-JC).
S U M M A R Y.
A county's right to allow placement of public utility lines on or under
the right-of-way does not give it as a matter of law the right to grant an
easement to a third party nonowner for that party's private benefit. Whether
a county may grant an easement in a particular instance to a third party to
run a temporary water line on the county's right-of-way will depend upon the
intent of the grantor from whom or the kind of adverse use by which the right-of-way
was acquired, and upon whether the grant of this secondary easement is an
additional burden on the servient tenement.
For further information, please call A.G. Younger
at (512) 463-2110.
TRD-200004479
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 27, 2000
RQ-0242-JC
The Honorable J. Collier Adams, Jr., Cochran County Attorney, 109 West
Washington, Morton, Texas 79346-2536
Re: Whether discussions by members of a governmental body outside the context
of a "meeting" violate the Open Meetings Act (Request No. 0242-JC)
Briefs requested by July 21, 2000
RQ-0243-JC
Mr. Thomas A. Davis, Jr., Director, Texas Department of Public Safety,
5805 North Lamar Boulevard, Box 4087, Austin, Texas 78773-001
Re: Whether attendance at a legislative hearing by a quorum of members
of a state governmental body is subject to the Open Meetings Act (Request
No. 0243-JC)
Briefs requested by July 21, 2000
RQ-0244-JC
The Honorable Delma Rios, Kleberg County Attorney, 700 East Kleberg, P.O.
Box 1411, Kingsville, Texas 78364
Re: Authority of a county to pay a portion of the health insurance premiums
for its retired employees, and related question (Request No. 0244-JC)
Briefs requested by July 21, 2000
For further information, please call A.G. Younger
at (512) 463-2110.
TRD-200004492
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 28, 2000
Request for Opinions