Request for Opinions
Opinion No. JC-0185.
Mr. James Nelson, Commissioner
of Education, Texas Education Agency, 1701 North Congress Avenue, Austin,
Texas, 78701-1494, regarding whether a permanent substitute teacher who has
been employed as such for six months prior to the election of his sister to
school district board has been continuously employed for the purpose of §573.062
of the Government Code (RQ-0104-JC)
S U M M A R Y.
An individual employed as
an uncertified teacher in an at-will employment relationship with a school
district may be continuously employed for the purposes of §573.062 of
the Government Code. The uncertified teacher must be employed as such for
the period of time specified in §573.062 "immediately before the election
or appointment of" a public official to whom the permanent substitute is related
in third degree by the consanguinity or the second degree of affinity to retain
his or her position. An uncertified teacher who has been continuously employed
for the period specified in §573.062 also may be promoted to the rank
of certified teacher (upon receipt of certification) if the related public
official does not participate in the discussion or vote.
Opinion No. JC-0186.
Ms. Gay Dodson, R.Ph.,
Executive Director/Secretary, Texas State Board of Pharmacy, William P. Hobby
Building, Suite 3-600, 333 Guadalupe Street, Box 21, Austin, Texas 78701-3942,
regarding whether state law permits the use of an automated dispensing machine
to dispense prescription drugs at a nursing home (RQ-0121-JC)
S U M M A R Y.
The Texas Pharmacy Act, Tex.
Occ. Code Ann., tit. 3, subtit. J, chs. 551-566 (Vernon 2000), includes in
the definition of "pharmacy" all facilities at which prescription drugs are
dispensed and generally requires the licensing of all such facilities. The
Act also generally requires licensed pharmacies to operate under the continuous
onsite supervision of a pharmacist and does not provide an exception for the
type of automated dispensing machine described in your query. Thus, an automated
prescription drug dispensing machine, which would dispense prescription drugs
without the onsite supervision of a pharmacist, is not permitted under the
Act.
Opinion No. JC-0187
The Honorable Jose R.
Rodriguez, El Paso County Attorney, County Courthouse, 500 East San Antonio,
Room 203, El Paso, Texas 79901, regarding conversion of the City of Socorro
to home-rule status (RQ-0124-JC)
S U M M A R Y.
The City of Socorro may not
amend its charter to obtain the status of a hybrid special-law/home- rule
municipality except by complying with chapters 5 and 9 of the Local Government
Code.
For further information, please call (512) 463-2110
TRD-200001560
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: March 1, 2000
Attorney General Request for Opinion
RQ-0173-JC.
Requested by: The Honorable J. E. Buster Brown, Chair, Natural Resource
Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding
notice of excavations required of underground facility movers by the Underground
Facility Damage Prevention Facility and Safety Act (Request No. 0173-JC).
Briefs requested by March 11, 2000.
For further information, please call 463-2110
TRD-200001454
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: February 25, 2000
RQ-0183-JC.
Requested by: The Honorable Homero
Ramirez, Webb County Attorney, P.O. Box 420268, 1110 Victoria, Suite 403,
Laredo, Texas 78042-0268, regarding whether Webb County may replace a previously
existing cattle guard that was removed from a county road. (Request No. 0183-JC)
Briefs requested by March 16, 2000.
RQ-0184-JC.
Requested by: The Honorable Charles
D. Penick, Criminal District Attorney, 804 Pecan Street, Bastrop, Texas 78602,
regarding amount of credit for time served in a county jail for failure to
pay a fine assessed for a class C misdemeanor. (Request No. 0184-JC) Briefs
requested by March 16, 2000.
RQ-0185-JC.
Requested by: Mr. James N. Danford,
C.P.A., Parker County Auditor, 1112 Santa Fe Drive, Weatherford, Texas 76086,
regarding assignment of county contracting function in the absence of a purchasing
agent (Request No. 0185-JC) Briefs requested by March 24, 2000.
RQ-0186-JC.
Requested by: The Honorable Tim
Curry, Tarrant County Criminal District Attorney, 401 West Belknap Street,
Fort Worth, Texas 76196-0201, regarding whether employees of the Tarrant County
Supervision and Corrections Department are covered by civil service. (Request
No. 0186-JC) Briefs requested by March 24, 2000.
RQ-0187-JC.
Requested by: The Honorable Bob
Covington, Guadalupe County Attorney, 101 East Court Street, Suite 104, Seguin,
Texas 78155, regarding salary and allowance increases for elected officials
of Guadalupe County. (Request No. 0187-JC) Briefs requested by March 24, 2000.
For further information, please call 463-2110.
TRD-200001559
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: March 1, 2000
Office of the Attorney General
Request for Opinions