Request for Opinions
RQ-0349-JC
Mr. Thomas A. Davis, Jr. Director, Texas Department of Public Safety 5805
North Lamar Boulevard, Box 4087 Austin, Texas 78773-0001
Re: Whether section 46.04 of the Penal Code, which makes it unlawful for
a convicted felon to possess a firearm, applies to an individual who has received
a pardon or had his conviction set aside (Request No. 0349-JC)
Briefs requested by April 2, 2001
RQ-0350-JC
The Honorable Jeff Wentworth Chair, Redistricting Committee Texas State
Senate P.O. Box 12068 Austin, Texas 78711-2548
Re: Whether the Llano County Commissioners Court may delegate its management
authority over certain school land to the board of trustees of the Llano Independent
School District (Request No. 0350-JC)
Briefs requested by April 2, 2001
RQ-0351-JC
The Honorable J.E "Buster" Brown Chair, Natural Resources Committee Texas
State Senate P.O. Box 12068 Austin, Texas 78711-2548
Re: Whether an individual employed by a company that receives its revenue
from a contract with the State of Texas may be compensated as a director of
a municipal utility district (Request No. 0351-JC)
Briefs requested by April 2, 2001
For further information, please call 512 463-2110.
RQ-0352-JC
The Honorable Cheryll Mabray Llano County Attorney P.O. Box 821 Llano,
Texas 78643
Re: Whether a commissioners court is required to order an election limiting
the taxing authority of an emergency services district, and related questions
(Request No. 0352-JC)
RQ-0353-JC
RQ-0354-JC
Ms. Evelyn M. Lord Chair, Spindletop
Centennial Commission Lamar University, John Gray Center Building B, Suite
103, 855 Florida Beaumont, Texas 77705 Re: Whether the Spindletop Centennial
Commission continues in existence until the end of 2001 (Request No. 0354-JC)
Briefs requested by April 2, 2001
For further information, please call 512 463-2110.
TRD-200101376
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 7, 2001
Opinion No. JC-0350
Mr. Robert J. "Sam" Tessen, M.S. Executive Director Telecommunications
Infrastructure Fund Board 1000 Red River, Suite E208 Austin, Texas 78701
Re: Whether the Telecommunications Infrastructure Fund Board has authority
to spend appropriated funds to inform the general public of its activities
and accomplishments and of the opportunities it provides (RQ-0292-JC)
S U M M A R Y
The Telecommunications Infrastructure Fund Board has authority to make
information about its functions available to the public and may use appropriated
funds for that purpose. It lacks authority to engage in an advertising or
public relations campaign regarding the Fund and may not use appropriated
funds for that purpose. The Telecommunications Infrastructure Fund Board may
not use appropriated funds to contract with a public relations firm.
Opinion No. JC-0351
The Honorable Chad Cowan Jones County Attorney Third Floor Courthouse P.O.
Box 68 Anson, Texas 79501
Re: Whether the City of Anson is a home-rule municipality (RQ-0295-JC)
S U M M A R Y
The City of Anson is a home-rule municipality, and has been so since April
6, 1920.
Opinion No. JC-0352
The Honorable Michael P. Fleming Harris County Attorney 1019 Congress,
15th Floor Houston, Texas 77002-1700
Re: Whether Government Code section 551.125 permits absent members of a
governmental body to participate in a meeting by telephone conference call
when a quorum of the governmental body has convened in one location, and related
questions (RQ-0297-JC)
S U M M A R Y
A governmental body need not state in the notice of a meeting that the
meeting will be held by telephone conference call pursuant to section 551.125
of the Government Code. See Tex. Gov't Code Ann. § 551.125 (Vernon Supp.
2001). Section 551.125, in permitting a meeting by telephone conference call
only in case of an emergency or public necessity and only if it is "difficult
or impossible" to convene a quorum in one location, contemplates meetings
by telephone conference call in extraordinary circumstances and not merely
when attending a meeting at short notice would inconvenience members of the
governmental body. See id. § 551.125(b). When a quorum of the governmental
body has convened for an emergency meeting at the meeting location, section
551.125 does not permit absent members to participate in the meeting by telephone
conference call. Given that a court might void actions taken at a meeting
for which a member does not receive notice, a governmental body should make
every effort to provide every member with actual notice of meetings.
For further information, please call (512) 463-2110
TRD-200101377
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 7, 2001
Opinions