Opinions
Opinion No. JC-0345.
The Honorable Jeff Wentworth Chair, Redistricting Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding whether members
of the board of directors of the Texas State Affordable Housing Corporation
are state officers whose gubernatorial appointments must be made with the
advice and consent of the Texas Senate (RQ-0284-JC).
S U M M A R Y.
Members of the board of directors of the Texas Affordable Housing Corporation
hold state offices within the meaning of article IV, section 12 of the Texas
Constitution. Therefore, their gubernatorial appointments are subject to confirmation
by the Texas Senate.
Opinion No. JC-0346.
The Honorable Toby Goodman, Chair, Committee on Juvenile Justice and Family
Issues, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910,
regarding whether a statute that permits a court to order income withholding
to collect certain attorney's fees and costs associated with establishing
or enforcing a child-support obligation violates article XVI, section 28 of
the Texas Constitution (RQ-0291-JC).
S U M M A R Y.
A statute constitutionally may not permit a court to order income withholding
to pay attorney's fees and costs associated with establishing a child-support
obligation. See Tex. Const. art. XVI, § 28. On the other hand, under
case law construing article XVI, section 28 of the Texas Constitution, a statute
that permits a court to include in an order for income withholding attorney's
fees incurred to enforce an existing child-support obligation comports with
article XVI, section 28 of the constitution. See Tamez v. Tamez, 822 S.W.2d
688, 691 (Tex. App. Corpus Christi 1991, writ denied). Likewise, a statute
may, consistently with article XVI, section 28, permit a court to include
certain costs, such as fees charged for the services of domestic relations
offices and court registries, in an income-withholding order if the court
determines that the costs were necessarily incurred to enforce an existing
child-support obligation.
Opinion No. JC-0347.
The Honorable Jeff Wentworth, Chair, Committee on Redistricting, Texas
State Senate, P. O. Box 12068, Austin, Texas 78711-2068, regarding whether
section 143.006(b) of the Texas Local Government Code authorizes a municipality's
chief executive officer to appoint a person to fill the position of a member
of the Fire Fighters' and Police Officers' Civil Service Commission whose
term has expired, and related questions (RQ-0294-JC).
S U M M A R Y.
A "vacancy" on the Fire Fighters' and Police Officers' Civil Service Commission,
for the purposes of section 143.006 of the Texas Local Government Code, does
not occur upon the expiration of a member's term. The appointment of another
member by a municipality's chief executive requires confirmation by its governing
body. However, the governing body has no independent power to appoint such
members.
Opinion No. JC-0348.
The Honorable Frank
Long, District Attorney, 8th Judicial District, P.O. Box 882, Sulphur Springs,
Texas 75483, regarding whether a tax assessor-collector may use interest earned
on motor vehicle inventory tax escrow accounts to supplement her own salary
(RQ-0290-JC).
S U M M A R Y.
Section 23.122 of the Tax Code does not preclude a tax assessor-collector
from using interest earned on motor vehicle inventory tax escrow accounts
to supplement her own salary. The tax assessor-collector must determine, however,
that this use of interest monies is a legitimate cost of administration of
the motor vehicle inventory tax prepayment program and, in addition, that
it serves a public purpose as required by article III, sections 51 and 52
of the Texas Constitution. The tax assessor-collector's initial determination
that this use of the interest monies is lawful is subject to judicial review.
Furthermore, the county auditor is authorized to audit the interest monies,
to review expenditures from the fund, and to make audit reports to the commissioners
court.
Opinion No. JC-0349.
The Honorable Edwin E. Powell, Jr. Coryell County Attorney, 113 South 7th
Street. P.O. Box 796, Gatesville, Texas 76528, regarding whether members of
the board of directors of the Copperas Cove Economic Development Corporation
may be reappointed to a subsequent term (RQ-0301-JC).
S U M M A R Y.
Directors of a corporation created under section 4A of article 5190.6,
Revised Civil Statutes, serve a six-year term pursuant to section 11 of article
5190.6, subject to removal at any time by the governing body of the city that
created the corporation, unless the articles of incorporation or bylaws of
the corporation establish a shorter term of service. Neither article 5190.6
nor the Texas Non-Profit Corporation Act, article 1396 of the Revised Civil
Statutes, bars a director of a corporation created under article 5190.6, section
4A from being reappointed as director. The governing body of the City of Copperas
Cove may reappoint a director of the corporation to subsequent service as
director, absent any contrary provision in the articles of incorporation or
bylaws of the Copperas Cove Economic Development Corporation, or in the city
charter, an ordinance, or a resolution of the City of Copperas Cove. Whether
or not the city reappoints a particular individual as director is a matter
for the governing body of the city, in the exercise of its reasonable discretion.
For further information, please call (512) 463-2110.
TRD-200101189
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 27, 2001
RQ-0346-JC.
The Honorable Elliot Naishtat, Chair, Human Services Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910.
Regarding whether a city, a school district, and a housing finance corporation
may enter a joint venture to provide low-income and moderate income housing
to teachers, and related questions (Request No. 0346-JC).
Briefs requested by March 22, 2001.
RQ-0347-JC.
The Honorable Sky Sudderth, District Attorney, 35th Judicial District of
Texas, Brown County Courthouse, Brownwood, Texas 76801.
Regarding whether a district attorney may enter a lease that binds his
successor (Request No. 0347-JC).
Briefs requested by March 22, 2001.
RQ-0348-JC.
The Honorable Michael A. McDougal, Montgomery County Attorney, 301 North
Thompson, Suite 106, Conroe, Texas 77301-2824.
Regarding meaning of the term "recording" for purposes of articles 27.18,
Code of Criminal Procedure, which provides for the acceptance of pleas and
waivers by closed circuit video teleconferencing (Request No. 0348-JC).
Briefs requested by March 23, 2001.
For further information, please call (512) 463-2110.
TRD-200101182
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 27, 2001
Request for Opinions