Opinions
Opinion No. JC-0360
Mr. Don W. Brown, Commissioner of Higher Education, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, Texas 78711
Re: Whether a community college district may voluntarily reduce its adopted
tax rate in the same tax year (RQ-0300-JC)
S U M M A R Y
After adopting a tax rate higher than the rollback rate under section 26.05
of the Tax Code, a community college district may not voluntarily reduce its
adopted tax rate in the same tax year. There is no express statutory authority
for it to do so, and such authority may not be implied. The only method by
which the Tax Code authorizes a community college district to reduce a tax
rate that exceeds the rollback rate is an election timely initiated by a valid
voter petition.
Opinion No. JC-0361
The Honorable Jack Skeen, Jr., Smith County Criminal District Attorney,
Smith County Courthouse, 100 North Broadway, 400, Tyler, Texas 75702
Re: Authority of the district judges of Smith County to amend the salaries
of the county auditor's office, and related questions (RQ-0302-JC)
S U M M A R Y
Provided the appropriate public hearing is held, the necessary statutory
procedures are followed, and the salary amendments at issue do not "require
county expenditures in excess of anticipated revenue" for the budget year,
Tex. Att'y Gen. Op. No. JM-49 (1983) at 2, the district judges of Smith County
may amend the salaries of the auditor and assistant auditors of the county
despite the fact that the new budget year has begun. Any salary increases
must be prospective, and are effective only upon the adoption by the commissioners
court of the necessary budget amendments.
Opinion No. JC-0362
The Honorable David Sibley, Chair, Business and Commerce Committee, Texas
State Senate, P. O. Box 12068, Austin, Texas 78711
Re: Whether the City of Port Arthur Economic Development Corporation may
"grant" sales tax funds for a "rehabilitation and job training/educational
facility" (RQ-0288-JC)
S U M M A R Y
The City of Port Arthur Economic Development Corporation is authorized
to expend sales and use tax proceeds to finance the Port Cities Rescue Mission's
"rehabilitation and job training/educational facility" only if the Corporation's
board of directors reasonably finds that such a facility promotes business
development and otherwise complies with the Development Corporation Act of
1979, article 5190.6 of the Revised Civil Statutes. The Act does not expressly
authorize a "grant" for the Mission's facility. Instead, any sales tax expenditure
for such a facility must be made pursuant to a contract or other arrangement
that ensures that the funds will be used for the authorized purpose and otherwise
be in compliance with the Act.
Opinion No. JC-0363
The Honorable Tom Ramsay, Chair, County Affairs Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether an individual may simultaneously hold the offices of mayor
and director of a hospital district board that has condemned property in the
mayor's city (RQ-0307-JC)
S U M M A R Y
An individual may not simultaneously hold the offices of mayor and director
of a hospital district that has condemned property within the mayor's city.
For further information, please call (512) 463-2110
TRD-200102086
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 11, 2001
RQ-0367-JC
Mr. Randall S. James, Banking Commissioner, Texas Department of Banking,
2601 North Lamar Boulevard, Austin, Texas 78705-4294
Re: Constitutionality of permitting system for sellers of prepaid funeral
benefits, particularly with regard to religious organizations (RQ-0367-JC)
Briefs requested by May 6th, 2001
Note: The above request was previously published
as RQ-311-JC, in the December 8, 2000 issue of the
Texas Register
(25 TexReg 12025).
However, because of the constitutional
issues raised by the original request and the desire to submit additional
briefing on those issues, the Opinion Committee closed the file on the original
request, RQ-0311-JC, and opened a new file, RQ-0367-JC, in order to give all
interested parties, the opportunity to submit additional briefing on these
broader issues.
RQ-0368-JC
The Honorable David Counts, Chair, Natural Resources Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Determination of "actual costs" a hospital district must charge non-indigent
county residents: Clarification of JC-0220 (2000) (RQ-0368-JC)
Briefs requested by May 4, 2001
RQ-0369-JC
The Honorable Jose R. Rodriguez, El Paso County Attorney, 500 East San
Antonio, Room 203, El Paso, Texas 79901
Re: Whether the board of trustees of the Risk Pool for the El Paso County
Health Benefits Programs may meet in executive session to consider a complaint
regarding administration (RQ-0369-JC)
Briefs requested by May 4, 2001
For further information, please call (512) 463-2110.
TRD-200102085
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 11, 2001
Request for Opinions