TITLE attorney-general

Opinion No. JC-0210. The Honorable Michael P. Fleming, Harris County Attorney, 1019 Congress, 15th Floor, Houston, Texas 77002-1700, regarding whether a member of the board of managers of a hospital district must abstain in matters involving prevailing wage disputes under chapter 2258 of the Government Code (RQ-0148-JC).

SUMMARY. A member of the Harris County Hospital District Board of Managers who is the unpaid President of the Harris County AFL-CIO Council does not have a "substantial interest" in the Council for purposes of chapter 171 of the Local Government Code. Chapter 171 therefore does not bar him from participating in the Board's "good cause" determinations of complaints under the Prevailing Wage Act, Tex. Gov't Code Ann., ch. 2258 (Vernon 2000), regardless of whether the complaining labor union is affiliated with the Harris County AFL-CIO Council.

Opinion No. JC-0211. The Honorable Bob Hunter, Chair, Committee on State, Federal and International Relations, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding distinction between "the hair" and "the beard" for purposes of the barber statute (RQ-0130-JC).

SUMMARY. The power to distinguish "hair" from "the beard" for the purposes of determining possible violations of §1601.002(1)(A) of the Occupations Code is given by the legislature to the Board of Barber Examiners. An explicit demarcation of this boundary by the Board of Barber Examiners is necessary to allow licensed cosmetologists to conform their behavior to the statute, particularly in marginal cases.

Opinion No. JC-0212. The Honorable Ken Armbrister, Chair, Committee on Criminal Justice, Texas State Senate, P.O. Box 12068, 1E.12, Austin, Texas 78711, regarding whether a home-rule city may expend tax funds to sponsor children's travel on out-of-state appearances (RQ-0151-JC).

SUMMARY. A home-rule city may adopt any ordinance not inconsistent with the constitution, general law, or its city charter and does not need express legislative authority to spend public funds for a particular activity if its charter authorizes it to engage in the activity. Any expenditure of city funds must be for a public purpose and municipal purpose. A city may not donate public funds to a school district or expend funds other than for a municipal purpose.

Opinion No. JC-0213. The Honorable Chris Harris, Chair, Senate Committee on Administration, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, regarding whether the "fraudulent filing" provisions of the Business and Commerce Code apply to those transactions excepted under §9.104 thereof (RQ-0154-JC).

SUMMARY. The "fraudulent filing" provisions of §9.412 of the Business and Commerce Code do not apply to any transaction listed in §9.104 thereof.

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

TRD-200002976

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: April 26, 2000

Request for Opinions

RQ-0218-JC. The Honorable Gary L. Walker, Chair, Land and Resource Management, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding regulation of a business that locates real property omitted from the tax roles (Request No. 0218-JC).

Briefs requested by May 19, 2000

RQ-0219-JC. The Honorable Bill G. Carter, Chair, Urban Affairs Committee, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding whether an attorney may post bond solely on the basis of his bar card and related questions (Request No. 0219-JC).

Briefs requested by May 20, 2000

RQ-0220-JC. The Honorable Bruce Isaacks, Criminal District Attorney, 1450 East McKinney, Suite 3100, P.O. Box 2850, Denton, Texas 76202, regarding prepayment of taxes on the inventory of heavy equipment dealers (Request No. 0220-JC).

Briefs requested by May 20, 2000

RQ-0221-JC. The Honorable Bill G. Carter, Chair, Committee on Urban Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding authority of the Lower Valley Water District to assess fees to residents who are not connected to its wastewater system (Request No. 0221-JC).

Briefs requested by May 24, 2000