Opinions
Opinion No. JC-0239
Ms. Joy L. Dymke Grimes County Auditor P.O. Box 510 Anderson, Texas 77830
Re: Whether a county has recourse when an elected official closes his or
her office for all or part of a workday for reasons not related to "bad weather,
repairs, and the like," and related question (RQ-0158-JC)
S U M M A R Y
An elected county official's authority to accomplish the constitutional
or statutory purposes of his or her office encompasses the authority to dismiss
his or her employees for all or part of a day for any reason, although the
closure may not violate article III, section 52 of the Texas Constitution.
County citizens may seek to mandamus a county official to open his or her
office, but county citizens' general recourse is at the ballot box. A county
commissioners court may adopt a policy requiring a county employee to work
or account for forty hours of work each week to be eligible for compensation
and benefits, but the court may not apply the policy to interfere in the administration
of another county officer's office. A county commissioners court, using its
budgetary authority, may consider whether the facts warrant decreasing the
number of full-time county employees assigned to that official's office.
Opinion No. JC-0240
Ms. Kathryn A. Yeager Chair, Board of Regents Midwestern State University
3410 Taft Boulevard Wichita Falls, Texas 76308-2099
Re: Whether donated endowment and scholarship funds may be transferred
from the control of a university to that of its private foundation (RQ-0178-JC)
S U M M A R Y
A gift of funds to a state university for a restricted purpose is impressed
with a charitable trust. In order to modify such a trust, the university's
regents must petition a court of competent jurisdiction for such a modification.
The Office of the Attorney General, which represents the public interest in
charitable trusts, is a proper party to such a proceeding, and should be given
notice in the manner prescribed by section 123.003(a) of the Property Code.
Opinion No. JC-0241
Ms. Pamela B. Tackett Executive Director State Board for Educator Certification
1001 Trinity Street Austin, Texas 78701-2603
Re: Whether the State Board for Educator Certification's Internet website
may serve as a portal for distance-learning courses developed and offered
by other entities, and related questions (RQ-0179-JC)
S U M M A R Y
The State Board for Educator Certification has no authority to use its
Internet website as a portal for distance-learning courses that other entities
have developed and offered.
Opinion No. JC-0242
The Honorable Richard J. Miller Bell County Attorney P.O. Box 1127 Belton,
Texas 76513
Re: Whether the state has a right to a jury trial in a juvenile proceeding
(RQ-0180-JC)
S U M M A R Y
The state has no right to a jury trial in a juvenile proceeding.
Opinion No. JC-0243
The Honorable Debra Danburg Chair, House Committee on Elections Texas House
of Representatives P. O. Box 2910 Austin, Texas 78768-2910
Re: Constitutionality of section 255.001(a), Texas Election Code, in light
of the United States Supreme Court's decision in McIntyre v. Ohio Elections
Commission, 514 U.S. 334 (1995) (RQ-0181-JC)
S U M M A R Y
It is clear that section 255.001(a) of the Texas Election Code cannot constitutionally
be enforced against a private individual who creates and/or distributes anonymous
printed material from his own resources advocating a position on a particular
issue, rather than the choice of a particular candidate, in an election. The
statute may be constitutional in other contexts; and given that we do not
possess a narrowing construction of the statute by the Texas Supreme Court
or Court of Criminal Appeals, or an interpretation of the limits of McIntyre
v. Ohio Elections Commission, 514 U.S. 334 (1995), by either the United States
Court of Appeals for the Fifth Circuit or ultimately the United States Supreme
Court, we must presume such constitutionality in those respects.
Opinion No. JC-0244
Ms. Cathy L. Hendricks, ASID/IIDA Executive Director Texas Board of Architectural
Examiners 333 Guadalupe, Suite 2-350 Austin, Texas 78701-3942
Re: Whether a legislative appropriation for scholarships for architectural
examination applicants established by section 7A of article 249a of the Revised
Civil Statutes comports with article III, section 44 of the Texas Constitution,
and related questions (RQ-0207-JC)
S U M M A R Y
The legislative appropriation for the scholarship fund for architectural
examination applicants established by section 7A of article 249a of the Revised
Civil Statutes is supported by pre- existing law and therefore does not violate
article III, section 44 of the Texas Constitution. The Texas Board of Architectural
Examiners lacks statutory authority to enter into a contract with a private,
nonprofit organization to select scholarship recipients and disburse scholarship
funds. In order to ensure that scholarship awards satisfy the dictates of
article III, sections 51 and 52 of the Texas Constitution, the awards must
serve the public purpose identified by the legislature. The Board's draft
rule is sufficient to ensure that the public purpose identified by the legislature
will be achieved
For further information, please call (512) 463-2110
TRD-200004675
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 5, 2000
RQ-0245-JC
The Honorable Robert Junell Chair, Committee on Appropriations Texas House
of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Whether the granting of an exemption under section 11.19 of the Tax
Code constitutes a "change of use" for purposes of section 23.55, such that
the "rollback" tax is "triggered" (Request No. 0245-JC)
Briefs requested by July 29, 2000
RQ-0246-JC
Mr. Donald E. Powell Chair, Board of Regents Texas A&M University
System P.O. Box C-1 College Station, Texas 77840-9021
Re: Validity of section 661.063, Government Code, with regard to payment
for vacation balances accrued prior to September 1, 1997 (Request No. 0246-JC)
Briefs requested by July 29, 2000
RQ-0247-JC
Mr. C. Tom Clowe, Jr. Chair, Texas Lottery Commission 611 East 6th Street
Austin, Texas 78761
Re: Whether purchases made through a minority business or historically
underutilized business "pass through" broker fulfill the good faith minority
participation goal contemplated by various statutes (Request No. 0247-JC)
Briefs requested by July 30, 2000
RQ-0248-JC
The Honorable Pete P. Gallego Chair, Committee on General Investigating
Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Authority of a governmental body to prohibit the holder of a concealed
handgun license from carrying a handgun onto property owned or controlled
by the respective unit of government (Request No. 0248-JC)
Briefs requested by July 29, 2000
RQ-0249-JC
The Honorable Tim Curry Tarrant County Criminal District Attorney Justice
Center, 401 West Belknap Fort Worth, Texas 76196-0201
Re: Conflict between the cost provisions of the Public Information Act
and subsection 118.011(c), Local Government Code, which relates to fees of
the county clerk other than court fees (Request No. 0249-JC)
Briefs requested by July 29, 2000
RQ-0250-JC
Mr. Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical
Examiners P.O. Box 2018
Austin, Texas 78768-2018
Re: Whether the Board of Medical Examiners may certify a foreign corporation
as a nonprofit health organization (Request No. 0250-JC)
Briefs requested by July 30, 2000
RQ-0251-JC
The Honorable Carol Keeton Rylander Comptroller of Public Accounts Lyndon
B. Johnson Building 111 East 17th Street Austin, Texas 78701
Re: Whether the Comptroller should continue to remit funds collected under
section 51.702, Government Code, to a county that has discontinued collection
of those funds: Clarification of Attorney General Opinion JC-0196 (2000) (Request
No. 0251-JC)
Briefs requested by July 30, 2000
TRD-200004674
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 5, 2000
Request for Opinions