Opinion No. JC-0191. The Honorable Becky B. McPherson, District Attorney, 110th Judicial District, Floyd County Courthouse, P.O. Box 10, Floydada, Texas 79235-0010 regarding whether a person who was ineligible when appointed county attorney becomes eligible when she fulfills the residency requirement. (RQ-0127-JC)

S U M M A R Y. A person who has not resided in a county for six months immediately prior to her appointment as county attorney is ineligible for that office. Should the commissioners court wish to confirm such a person in the office to which such original appointment was invalid, it may do so only by a formal repetition of the appointment at such time as she is eligible for office. The general remedy for the holding of public office by an ineligible person is a quo warranto proceeding. A public official's right to office is not ordinarily subject to collateral attack. The acts of such a public official may be valid under the de facto officer doctrine. A de facto officer is entitled to compensation for services rendered, and accordingly the Motley County Attorney, whether qualified or not at the time of her appointment, is entitled to such compensation.

Opinion No. JC-0192. The Honorable Jose R. Rodriguez, El Paso County Attorney, County Courthouse, 500 E. San Antonio, Room 203, El Paso, Texas 79901 regarding eligibility for service on an appraisal review board. (RQ-0108-JC)

S U M M A R Y. An individual who served as legal counsel to the El Paso Central Appraisal District was not eligible to be appointed to the El Paso Appraisal Review Board, pursuant to §6.413 of the Tax Code. Section 6.412 thereof does not contain a grandfather clause, and is thus applicable to all members of an appraisal review board on the effective date of the statutory amendment. The ineligibility of a board member does not affect actions taken by the board during his tenure.

Opinion No. JC-0193. The Honorable Laura Garza Jimenez, Nueces County Attorney, 901 Leopard, Room 207, Corpus Christi, Texas 78401-3680 regarding whether §573.062(b) of the Government Code requires a sole officeholder to refrain from finally approving reassignments of close relatives who have been continuously employed in his department for the period of time specified in §573.062(a). (RQ-0123-JC)

S U M M A R Y. Section 573.062(b) of the Government Code requires a public official to decline to participate in any action affecting the employment of a relative within a prohibited degree that requires the official to make a subjective decision about the employee. The phrase "change in status" includes a reassignment that is not taken with respect to a "bona fide class or category of employees."

Opinion No. JC-0194. Mr. Charles E. McMahen, Chair, University of Houston System Board of Regents, 3100 Cullen Boulevard, Suite 205, Houston, Texas 77204-6732 regarding whether the governing board of an institution of higher education may conduct a meeting by telephone or videoconference call: Reconsideration of Attorney General Opinion DM-478 (1998). (RQ-0129-JC)

S U M M A R Y. No governmental body subject to the Open Meetings Act may hold a meeting by telephone or videoconference except as expressly authorized by the Act. The governing board of an institution of higher education may hold a regular meeting where a quorum is present at one location and other members participate by videoconference call if the board complies with the provision of Government Code §551.127. The governing board of an institution of higher education may hold a meeting by telephone conference call pursuant to §551.121 of the Government Code only when immediate action is required and it is difficult or impossible to convene a quorum at one location. The Open Meetings Act does not authorize the board of an institution of higher education to conduct its regular meetings by telephone, nor does it allow a board member to participate in a regular meeting by telephone. Attorney General Opinion DM- 478 (1998) is affirmed.

For further information, please call (512) 463-2110

TRD-200001963

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 15, 2000

RQ-0188-JC. Requested by: The Honorable Susan Combs, Commissioner, Texas Department of Agriculture, 1700 North Congress Avenue, Austin, Texas 78711-2847, regarding construction of §58.014(b), Agriculture Code, which relates to the voting procedures of the board of the Texas Agricultural Finance Authority. (Request No. 0188-JC) Briefs requested by April 3, 2000.

RQ-0189-JC. Requested by: The Honorable Charles S. Brack, Chambers County Attorney, P.O. Box 1200, Anahuac, Texas 77514, regarding authority of a hospital district created under chapter 286, Health and Safety Code, to call an election to increase its tax rate. (Request No. 0189-JC) Briefs requested by April 3, 2000.

RQ-0190-JC. Requested by: The Honorable Terry W. Langford, Eastland County Auditor, 100 W. Main, Room 205, Eastland, Texas 76448, regarding donation of funds held by the Ranger Hospital District after its distribution and related question. (Request No. 0190-JC) Briefs requested by April 3, 2000.

RQ-0191-JC. Requested by: The Honorable Jeff Wentworth, Chair, Nominations Committee, Texas State Senate, P.O. Box 12068, 1E.9, Austin, Texas 78711, regarding whether §681.009, Transportation Code, which relates to designation by a municipality of parking spaces for the disabled, conflicts with the federal Americans with Disabilities Act. (Request No. 0191-JC) Briefs requested by April 3, 2000.

RQ-0192-JC. Requested by: The Honorable Delma Rios, Kleberg County Attorney, P.O. Box 1411, Kingsville, Texas 78364, regarding disposition of funds collected by a sheriff for storage and disposal of controlled substances seized in connection with an offense under §11(19) of article 42.12, Code of Criminal Procedure. (Request No. 0192-JC) Briefs requested by April 3, 2000.

RQ-0193-JC. Requested by: Mr. Joey Longley, Director, Sunset Advisory Commission, P.O. Box 13066, Austin, Texas 78711-3066, regarding whether a board or commission that testifies before the Sunset Commission must post notice when a quorum of its members attend the meeting. (Request No. 0193-JC) Briefs requested by April 6, 2000.

RQ-0194-JC. Requested by: The Honorable Patricia Gray, Chair, Public Health Committee, Texas House of Representatives, P.O. Box 2910, E1.204, Austin, Texas 78768-2910, regarding authority of the Park Board of Trustees of the City of Galveston to permit the sale of memberships to the fitness center of the Moody Gardens Hotel. (Request No. 0194-JC) Briefs requested by April 3, 2000.

RQ-0195-JC. Requested by: The Honorable Tom O' Connell, Criminal District Attorney, 210 South McDonald, Suite 324, McKinney, Texas 75069, regarding whether article XVI, §65, of the Texas Constitution bars a county court-at-law judge from becoming a candidate for a newly created district judgeship. (Request No. 0195-JC) Briefs requested by April 3, 2000.

For further information, please call 463-2110.

TRD-200001790

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 9, 2000