Opinions
Opinion No. JC-0336
The Honorable Laura Garza Jimenez Nueces County Attorney 901 Leopard, Room
207 Corpus Christi, Texas 78401-3680
Re: Whether a police chief who has authority under a collective-bargaining
agreement to finally select the senior officer who will be promoted to lieutenant
may promote his nephew to a vacant lieutenant position, and related questions
(RQ-0283-JC)
S U M M A R Y
A police chief who, under a collective-bargaining agreement, exercises
discretion to finally select from a list of three qualified senior officers
one person to promote to lieutenant, may not select his nephew. See Tex. Gov't
Code Ann. § 573.062(b) (Vernon 1994). A collective- bargaining agreement
may be amended to take from the chief final authority to decide promotions
where the chief's close relative is among the list of those qualified and
to give final authority in that instance to another city official. If a collective-bargaining
agreement is so amended, the nephew may be promoted by the other official
to lieutenant. The police chief may allocate duties among lieutenants, including
a newly promoted nephew, as he or she deems necessary to accomplish the functions
of the office. A changed assignment may not, as a matter of fact, change the
related employee's status.
Opinion No. JC-0337
Mr. Thomas A. Davis, Jr., Director Texas Department of Public Safety P.O.
Box 4087 Austin, Texas 78773-0001
Re: Proper use of magnetic stripe information on a driver's license (RQ-0316-JC)
S U M M A R Y
Magnetic stripe information contained on a driver's license or identification
card issued by the Department of Public Safety may be utilized only by law
enforcement and other governmental agency personnel acting in their official
capacities.
Opinion No. JC-0338
The Honorable Jim Solis Chair, Committee on Economic Development Texas
House of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Whether an Economic Development Board may vote to approve funding for
a business owned by a member of the board (RQ-0279-JC)
S U M M A R Y
The board of an economic development corporation may not approve a loan
to a director of the corporation. An economic development corporation is not
prohibited by law from entering into other transactions with a member of the
board or with an entity in which a board member is interested if it complies
with the provisions of the Texas Non-Profit Corporation Act governing transactions
between corporations and directors, or, in the event the corporation bylaws
impose a stricter standard, with the bylaws.
Opinion No. JC-0339
The Honorable Rodney Ellis Chair, Finance Committee Texas State Senate
P.O. Box 12068 Austin, Texas 78711-2068
Re: Whether an individual may simultaneously serve as director of a municipal
utility district and member of the city zoning commission (RQ-0281-JC)
S U M M A R Y
A director of a Municipal Utility District holds a public office, as does
a member of the Planning and Zoning Commission of the City of Missouri City.
Because the duties of the two offices are in conflict where they have overlapping
jurisdiction, the common-law doctrine of incompatibility bars one person from
holding both offices. A Missouri City ordinance also prohibits a member of
the Planning and Zoning Commission from holding another public office while
serving as a Planning and Zoning Commission member.
Opinion No. JC-0340
The Honorable Jim Solis Chair, Committee on Economic Development Texas
House of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Eligibility of a police officer for a promotional examination under
the terms of section 143.031 of the Local Government Code (RQ-0282-JC)
S U M M A R Y
Police officers who have two years of continuous service as either Police
Officer II or Police Officer III with the City of San Benito, Texas are eligible
to take that city's civil service promotional examination for the rank of
sergeant.
Opinion No. JC-0341
The Honorable Toby Goodman Chair, Committee on Juvenile Justice and Family
Issues Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Whether a Texas State Board of Pharmacy rule specifying that no drugs
shall be included on a list of narrow therapeutic index drugs is consistent
with section 562.014 of the Texas Occupations Code, which requires the Board,
by rule, to "establish a list of narrow therapeutic index drugs" (RQ-0289-JC)
S U M M A R Y
A Texas State Board of Pharmacy rule, 22 T.A.C. § 309.3(d)(2) (2000)
(Tex. State Bd. of Pharm., Prescription Drug Orders), which specifies that
no drugs shall be included on a list of narrow therapeutic index drugs to
which special refill rules should apply, is consistent with section 562.014
of the Texas Pharmacy Act, Tex. Occ. Code Ann. § 562.014 (Vernon 2001).
For further information, please call (512) 463-2110
TRD-200100933
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 14, 2001
RQ-0343-JC
The Honorable Jim Solis Chair, Economic Development Committee Texas House
of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Furnishing of a social security number as a requirement for obtaining
a Texas driver's license (Request No. 0343-JC)
Briefs requested by March 14, 2001
RQ-0344-JC
Ms. Victoria J.L. Hsu, P.E. Executive Director Texas Board of Professional
Engineers 1917 IH 35 South Austin, Texas 78741
Re: Whether a corporation that is located on a federal enclave is subject
to the Texas Engineering Practice Act (Request No. 0344-JC)
Briefs requested by March 14, 2001
RQ-0345-JC
The Honorable Juan J. Hinojosa Chair, Criminal Justice Texas House of Representatives
P.O. Box 2910 Austin, Texas 78768-2910
Re: Transportation of suspected mentally ill persons on magistrates warrants
(Request No. 0345-JC)
Briefs requested by March 14, 2001
For further information, please call 512 463-2110.
TRD-200100934
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 14, 2001
Request for Opinions