Opinions
Opinion No. JC-0332
Mr. Jim Nelson Commissioner of Education Texas Education Agency 1701 North
Congress Avenue Austin, Texas 78701-1494 Re: Whether a school district may
operate a school outside the district's geographic boundaries (RQ-0273-JC)
S U M M A R Y
The Boles Independent School District may not operate the Phoenix Campus,
a school outside the district's geographic boundaries.
Opinion No. JC-0333
Mr. Jim Nelson Commissioner of Education Texas Education Agency 1701 North
Congress Avenue Austin, Texas 78701-1494
Re: Whether section 323.019 of the Government Code authorizes the Texas
Education Agency to release to the Texas Legislative Council student information
that is confidential under federal law (RQ-0312-JC)
S U M M A R Y
The federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §
1232g (1994 & Supp. IV 1998), does not permit the Texas Education Agency
to release personally identifiable student information to employees of the
Texas Legislative Council without consent despite the fact that section 323.019
of the Government Code provides that such employees are "state school officials"
for purposes of that federal law.
Opinion No. JC-0334
The Honorable Juan J. Hinojosa Chair, Committee on Criminal Jurisprudence
Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Procedures governing disciplinary action against an employee of a sheriff's
department covered by a county civil service system (RQ-0267-JC)
S U M M A R Y
There is no statutory time limit for taking disciplinary action against
an employee of a sheriff's department covered by a civil service system established
under subchapter A of chapter 158 of the Local Government Code. Sections 143.1017
and 158.0351 of the Local Government Code do not apply to a chapter 158, subchapter
A county civil service system. A subchapter A civil service commission, however,
could adopt the section 143.1017 or 158.0351 provisions as rules or use them
as a guide in adopting its rules. A department head in a subchapter A county
civil service system is not required by section 143.1017(h) to file a statement
with the attorney general if the department intends to indefinitely suspend
an employee given that the statute by its terms does not apply to a subchapter
A county civil service system.
Opinion No. JC-0335
The Honorable Bill Ratliff Lieutenant Governor State of Texas P.O. Box
12068 Austin, Texas 78711-2068
Re: Applicability of various state statutes to local government corporations
created under chapter 431 of the Transportation Code (RQ-0269-JC)
S U M M A R Y
Local government corporations created under Transportation Code chapter
431, subchapter D, are subject to the Open Meetings Act and the Public Information
Act. They are not subject to the Professional Services Procurement Act or
chapter 2251 of the Government Code, which requires prompt payment of vendors
by governmental entities.
The authority of local governmental entities to transfer funds to a local
government corporation is subject to constitutional limitations. In creating
a local government corporation to assist it or act on behalf of it, a city
or county may not transfer control of its governmental functions to the corporation.
Any transfer of funds by local governmental entities to local government corporations
must comply with the provisions of the Texas Constitution that require public
funds to be used for public purposes and that prevent a city or county from
making a gift of public funds to a public or private entity.
For further information, please call (512) 463-2110
TRD-200100640
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: January 31, 2001
RQ-0336-JC
The Honorable John Smithee Chair, Insurance Committee Texas House of Representatives
P.O. Box 2910 Austin, Texas 78768-2910
Re: Collection of payments assessed by a public improvement district (Request
No. 0336-JC)
Briefs requested by February 25, 2001
RQ-0337-JC
The Honorable Kaye Messer Donley County Attorney Pro Tem 220 South 10th
Street Memphis, Texas 79245
Re: Whether a commissioners court is required to pay the same salary to
each of the county's constables (Request No. 0337-JC)
Briefs requested by February 24, 2001
RQ-0338-JC
The Honorable James M. Kuboviak Brazos County Attorney 300 East 26th Street,
Suite 325 Bryan, Texas 77803
Re: Discharge of fines and court costs for failure to pay fines assessed
for multiple Class C misdemeanors (Request No. 0338-JC)
Briefs requested by February 25, 2001
RQ-0339-JC
The Honorable Robert F. Vititow Rains County Attorney P.O. Box 1075 Emory,
Texas 75440
Re: Whether a county clerk who performs the duties of both a district and
county clerk is entitled to complete her term of office when her county's
population exceeds 8,000 persons in a new census (Request No. 0339-JC)
Briefs requested by February 24, 2001
For further information, please call 512 463-2110.
TRD-200100545
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: January 30, 2001
Request for Opinions