TITLE attorney-general

Attorney General Opinions

Opinion No. JC-0314

The Honorable William M. Jennings, Gregg County Criminal District Attorney, 101 East Methvin Street, Suite 333, Longview, Texas 75601

Re: Whether and the extent to which a board of district judges may be involved in the hiring of employees of a community supervision and corrections department (RQ-0232-JC)

S U M M A R Y

The district judges who are entitled to participate in the management of a community supervision and corrections department are authorized to finally approve all appointments made by the department director. Attorney General Opinion DM-208 (1993) is overruled.

Opinion No. JC-0315

Mr. C. Tom Clowe, Jr., Chair, Texas Lottery Commission, P.O. Box 16630 Austin, Texas 78761-6630

Re: Whether the Texas Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward the vendor's good faith historically underutilized business participation goal (RQ-0247-JC)

S U M M A R Y

The Texas Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward the vendor's good faith historically underutilized business participation goal.

Opinion No. JC-0316

Mr. Jim Muse, Executive Director, General Services Commission, 1711 San Jacinto Street, Austin, Texas 78711-3047

Re: Whether "reverse auctions" constitute a permissible method of competitive bidding by state agencies (RQ-0257-JC)

S U M M A R Y

So-called "reverse auctions" do not constitute competitive bidding for the purposes of chapters 2155, 2156, and 2157 of the Government Code. The General Services Commission may not purchase goods and services through "reverse auctions" without specific statutory authority to do so.

Opinion No. JC-0317

The Honorable Senfronia Thompson, Chair, Committee on Judicial Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910

Re: Whether the addition of certain protest words to a traffic citation constitutes a valid promise to appear in court (RQ-0270-JC)

S U M M A R Y

The addition of protest words to a signature on a traffic ticket has no effect whatsoever on the obligation of the ticketed party to appear in court.

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

TRD-200008894

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: December 21, 2000