Opinions
Opinion No. JC-0385
The Honorable Virginia K. Treadwell, McCulloch County Attorney, Courthouse,
Room 302, Brady, Texas 76825
Re: Whether a county commissioner may serve as a voluntary fire fighter
(RQ-0335-JC)
S U M M A R Y
A county commissioner of McCulloch County is not prohibited from simultaneously
serving as a member of the volunteer fire department of Lohn, a town located
in that county.
Opinion No. JC-0386
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 (RQ-0336-JC)
S U M M A R Y
Local Government Code chapter 372 authorizes a city to levy special assessments
on real property to aid in funding improvements in public improvement districts.
The municipal governing body is authorized by statute to collect these assessments
according to the procedures for collecting an ad valorem tax on real property,
except for procedures applicable to the forced sale of homestead property
to collect ad valorem taxes.
Assessments are not "taxes" as that term is used in the Texas Constitution,
and a homestead may not be subjected to forced sale for nonpayment of a public
improvement district assessment under the "taxes due thereon" clause of article
XVI, section 50 of the Texas Constitution.
A homestead may not be subjected to forced sale for nonpayment of a public
improvement district assessment under the "improvement thereon" clause of
article XVI, section 50, absent a written, signed contract between the owner
of the homestead property and the supplier of materials and labor for an improvement
on the homestead property.
Opinion No. JC-0387
The Honorable Juan J. Hinojosa, Chair, Committee on Criminal Jurisprudence,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether section 573.012 of the Health and Safety Code authorizes a
municipal peace officer to execute an emergency-detention warrant (RQ-0345-JC)
S U M M A R Y
Section 573.012 of the Texas Health and Safety Code authorizes a municipal
or county peace officer to execute an emergency-detention warrant. See Tex.
Health & Safety Code Ann. § 573.012(d) (Vernon Supp. 2001). A person
who is actually admitted to a facility for emergency detention after a preliminary
examination must be transported in accordance with section 574.045. See id. §§573.025,
.026.
For further information, please call (512) 463-2110.
TRD-200103166
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 6, 2001
RQ-0386-JC
The Honorable Frank Madla, Chair, Committee on Intergovernmental Relations,
Texas State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether a purchaser of real property is entitled to the benefits accorded
the previous owner under chapter 245, Local Government Code (Request No. 0386-JC)
Briefs requested by July 5, 2001
RQ-0387-JC
Dr. Ann Stuart, Chancellor, Texas Women's University, P.O. Box 425497,
Denton, Texas, 76204-5497
Re: Whether a state university may contract with a bank that employs a
member of the board of regents as an officer (Request No. 0387-JC)
Briefs requested by July 5, 2001
RQ-0388-JC
The Honorable Bill Ratliff, Lieutenant Governor, State of Texas, The Capitol,
Room 2E.13, Austin, Texas 78711
Re: Whether the individual elected to serve as lieutenant governor under
article III, section 9, of the Texas Constitution, is required to serve on
the Legislative Redistricting Board established by article III, section 28
(Request No. 0388-JC)
Briefs requested by June 11, 2001
For further information, please call (512) 463-2110.
TRD-200103165
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 6, 2001
Request for Opinions