Opinion No. JC-0214

The Honorable Tim Curry, Tarrant County Criminal District Attorney, 401 West Belknap Street, Fort Worth, Texas 76196-0201

Re: Questions relating to a conflict between the sheriff and commissioners court of Tarrant County with regard to their respective authority over budgetary matters (RQ-0144-JC)

S U M M A R Y

The commissioners court of a county, in the exercise of its authority to set a county budget, may take a different view of the importance of certain functions than does an elected officer and may budget that officer less money to perform that function than he requests. It may not prevent him thereby from performing his statutorily mandated duties. However, in determining whether the commissioners court has abused its discretion in this regard, the district court may not substitute its view of sound public policy for that of the commissioners.

While vehicles allotted by the commissioners court to an elected county officer are county property rather than the property of the officer, once such resources have been allocated to an elected officer the commissioners may not substitute their judgment as to the deployment of those resources for the officer's.

The commissioners court having set the number of positions in a county office for the budget year, discretion as to how to deploy such manpower belongs to the officer.

A county vehicle policy requiring a county officer to relinquish control of vehicles in use when he takes possession of their replacements is a budgetary safeguard within the discretion of the commissioners court. Accordingly, should the officer refuse to comply with the policy, the court may refuse to provide the replacement vehicles.

The power to set minimum bid specifications for equipment or vehicles to be purchased by competitive bidding resides in the commissioners court. The court may wish to consult with the officer who will ultimately use such equipment, but is not obliged to agree with the officer's views in this regard.

Opinion No. JC-0215

The Honorable Susan D. Reed, Bexar County Criminal District Attorney, Bexar County Justice Center, 300 Dolorosa, Fifth Floor, San Antonio, Texas 78205-3030

Re: Whether a magistrate may require a bailable criminal defendant to satisfy a "split bond" (part personal bond, part bail bond backed by a surety), and related question (RQ-0159-JC)

S U M M A R Y

A court may not require a bailable defendant to satisfy a "split bond," where "a portion of the bond amount [is] designated a personal bond . . . and . . . the remaining portion of the bond amount [is] a secured bail bond backed by a surety."

Opinion No. JC-0216

The Honorable Richard J. Miller, Bell County Attorney, P.O. Box 1127, Belton, Texas 76513

Re: Whether an elected junior college trustee may simultaneously serve as a municipal judge (RQ-0171-JC)

S U M M A R Y

An elected trustee of Central Texas College is not prohibited by article XVI, section 40, or article II, section 1 of the Texas Constitution, or by the common-law doctrine of incompatibility from simultaneously serving as a municipal judge for the City of Killeen.

Opinion No. JC-0217

The Honorable John T. Smithee, Chair, House Committee on Insurance, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910

Re: Whether Randall County may be divided into fewer than four justice of the peace and constable precincts (RQ-0156-JC)

S U M M A R Y

Randall County, pursuant to the specific authority provided it by article V, section 18(a) of the Texas Constitution, may divide itself into fewer than four justice of the peace and constable precincts. However, pursuant to article V, section 18(b), it must remain divided into four commissioners precincts.

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

TRD-200003273

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: May 9, 2000

RQ-0223-JC

The Honorable Eddie Lucio, Jr., Chair, Special Committee on Border Affairs, Texas State Senate, P.O. Box 12068 Austin, Texas 78711

Re: What constitutes an "improvement" for purposes of section 1.04 of the Tax Code and related questions (Request No. 0223-JC)

Briefs requested by June 4, 2000

RQ-0224-JC

The Honorable A. J. (Jack) Hartel, Liberty County Attorney, P.O. Box 9127, Liberty, Texas 77575-9127

Re: Whether a county treasurer may delegate her duties to a deputy (Request No. 224-JC)

Briefs requested by June 4, 2000

RQ-0225-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 release certain information to the federal Equal Employment Opportunity Commission (Request No. 0225-JC)

Briefs requested by June 5, 2000

RQ-0226-JC

The Honorable Ken Armbrister, Chair, Committee on Criminal Justice, Texas State Senate, P.O. Box 12068, Austin, Texas 78711

Re: Whether information made confidential by section 143.089(g) of the Local Government Code may be released to the city manager and the city attorney (Request No. 0226-JC)

Briefs requested by June 5, 2000

TRD-200003274

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: May 9, 2000