Opinions
Opinion No. JC-0253
The Honorable Donna J. Gordon, Houston County Attorney, 100 North 6th,
Suite 105, Crockett, Texas 75835
Re: Whether "area encompassed" by a school district in section 130.906
of the Local Government Code refers to the total area of the district or the
portion of the district that includes a national forest (RQ-0170-JC)
S U M M A R Y
"Area encompassed" by a school district under section 130.906 of the Local
Government Code for the purposes of allocation of national forest revenues
refers to the total area of a school district in the county.
Attorney General Opinion S-121 (1954) has been judicially disapproved,
and it is overruled.
Opinion No. JC-0254
The Honorable Tim Curry, Tarrant County Criminal District Attorney, Justice
Center, 401 West Belknap, Fort Worth, Texas 76196-0201
Re: Whether, under section 158.007 of the Local Government Code, a county
may include community-supervision-and-corrections-department employees in
an expanded civil-service system (RQ-0186-JC)
S U M M A R Y
A county may not include employees of the community- services-and-corrections
department in a civil-service system established under chapter 158 of the
Local Government Code and expanded in accordance with section 158.007 of that
Code.
Opinion No. JC-0255
The Honorable Bob Covington, Guadalupe County Attorney, 101 East Court
Street, Suite 104, Seguin, Texas 78155
Re: Validity of salary increases for elected county and precinct officers
that exceed the amounts stated in the notice of proposed salary increases
provided to the public under section 152.013(b) of the Local Government Code
(RQ-0187-JC)
S U M M A R Y
Section 152.013(b) of the Local Government Code requires a commissioners
court to provide public notice of the maximum potential salary increases for
elected county and precinct officers ten days before the regular budget hearing.
While a court would apply the substantial compliance standard of review to
determine whether a specific section 152.013 notice was sufficient to apprise
the public of the maximum potential salary increases and whether particular
salary increases should be invalidated for noncompliance with section 152.013(b),
a notice materially misstating the amount of such proposed increases is not,
as a matter of law, in substantial compliance with the statute.
Opinion No. JC-0256
The Honorable Joe F. Grubbs, Ellis County and District Attorney, Ellis
County Courthouse, Waxahachie, Texas 75165-3759
Re: Whether a county clerk is required to accept for filing a UCC financing
statement in which the listed secured party is the same person as the listed
debtor (RQ-0196-JC)
S U M M A R Y
A county clerk is not required to accept for filing a document, purported
to be a financing statement under chapter 9 of the Business and Commerce Code,
if the document names the same person as the debtor and the secured party.
Opinion No. JC-0257
The Honorable Bill G. Carter, Chair, Urban Affairs Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether a civil-service commission has jurisdiction to hear an appeal
of a written reprimand that does not include a suspension or disciplinary
action, and related question (RQ- 0176-JC)
S U M M A R Y
As a matter of law, under chapter 143 of the Local Government Code, a municipal
civil- service commission that is not subject to subchapters G, H, I, or J
lacks jurisdiction to consider an appeal of a written reprimand that does
not involve a suspension, demotion, or promotional passover. The department
file that is confidential under section 143.089(g) of the Local Government
Code is the appropriate repository for such a written reprimand. It may not
be placed in the civil-service director's personnel file that is open to the
public under section 143.089(f).
Opinion No. JC-0258
The Honorable Florence Shapiro, Chair, Committee on State Affairs, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Authority of a peace officer to detain a motorcyclist riding without
a helmet to determine whether the motorcyclist has liability insurance (RQ-0216-JC)
S U M M A R Y
A peace officer has the authority to stop a person operating a motorcycle
without a helmet, or carrying a passenger without a helmet, if the motorcycle
operator does not display on his license plate or license plate mounting bracket
a sticker issued pursuant to section 661.003(d) of the Transportation Code.
For further information, please call (512) 463-2110
TRD-200004975
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 19, 2000
RQ-0252-JC
Mr. William H. Kuntz, Jr., Commissioner/Executive Director, Texas Department
of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711
Regarding whether manufacturers, retailers, rebuilders and installers of
manufactured housing are exempt from the registration requirements of article
8861, V.T.C.S., the Air Conditioning and Refrigeration Contractor License
Law (Request No. 0252-JC).
Briefs requested by August 14, 2000
RQ-0253-JC
The Honorable Gary L. Walker, Chair, Committee on Land & Resource Management,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Regarding whether a child under the age of 14 may solicit newspaper subscriptions,
and related questions (Request No. 0253-JC).
Briefs requested by August 14, 2000
RQ-0254-JC
The Honorable Bill Hill, Dallas County District Attorney, 411 Elm Street,
Administration Building, Dallas, Texas 75202
Regarding meaning of the term "judicial officer" for purposes of section
51.921, Government Code, which relates to the time payment fee collected by
court clerks (Request No. 0254-JC).
Briefs requested by August 17, 2000
RQ-0255-JC
The Honorable Michael P. Fleming, Harris County Attorney, 1019 Congress,
15th Floor, Houston, Texas 77002-1700
Regarding whether penalty and interest on delinquent taxes are cancelled
if no delinquent tax notice has been sent since 1982 (Request No. 0255-JC).
Briefs requested by August 17, 2000
TRD-200004926
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: July 17, 2000
Request for Opinions