Opinions
Opinion No. JC-0364
The Honorable C.E. "Mike" Thomas, III Howard County Attorney, P.O. Box
2096, Big Spring, Texas, 79721
Re: Whether a county with a regional mental-health hospital may charge
a "document preparation fee" of the county that is responsible for the costs
of a hospital patient's mental- health proceeding, and related question (RQ-0306-JC)
S U M M A R Y
Howard County, as home to Big Spring State Hospital, may not charge a county
that is responsible to pay the costs associated with a patient at the hospital
a separate fee for document preparation. Rather, costs that the prosecutor's
office incurs preparing documents for various proceedings are included within
the "prosecutor's fees" that may be charged under section 571.018(c) of the
Health and Safety Code. See Tex. Health & Safety Code Ann. § 571.018(c)
(Vernon Supp. 2001). The prosecutor's fees may not exceed $50. See id. §574.031(k).
Howard County may not refuse to conduct a probable-cause hearing under
section 574.025 of the Health and Safety Code if an application for court-ordered
mental-health services is pending in the appropriate Howard County court.
See id. § 574.025. But, with respect to a patient receiving temporary
inpatient mental-health services in Howard County under order by another county's
court, Howard County Courts have no jurisdiction to conduct a ninety-day hearing
under section 574.034 or a hearing on a motion for extended care under section
574.035 unless the appropriate Howard County court has arranged to hold the
hearing. See id. §§ 574.034, .035. With respect to a hearing on
a physician's application to administer psychoactive medication to a patient
transferred to Big Spring State Hospital from another county, Howard County
may not refuse to conduct the hearing if the application was transferred to
a Howard County court. See id. § 574.104. The Howard County Attorney
represents the State in a mental-health proceeding before a Howard County
court.
Opinion No. JC-0365
The Honorable Phil Garrett, Palo Pinto County Attorney, P.O. Box 190, Palo
Pinto, Texas, 76484
Re: Disposition of state funds received by a county from a county attorney's
partial waiver of annual compensation (RQ-0310-JC)
S U M M A R Y
State funds resulting from a county prosecutor's partial waiver of annual
compensation under Government Code chapter 46 are received by the county and
not the county prosecutor. These funds are subject to the county budget process
and are to be allocated by the commissioners court to the expenses of the
county prosecutor's office. The commissioners court may not reduce the county
funds provided for the prosecutor's office as a result of the state funds
provided under chapter 46.
Opinion No. JC-0366
The Honorable Susan D. Reed, Bexar County Criminal District Attorney, Bexar
County Justice Center, 300 Dolorosa, Fifth Floor, San Antonio, Texas, 78205-3030
Re: Whether a county bail bond board may consider an independent appraisal
of real property executed in trust from bondsmen for the purpose of determining
their limit for executing bonds (RQ-0317-JC)
S U M M A R Y
Absent statutory authority, a county bail bond board may not require an
applicant for licensing to submit an independent appraisal of real property
to be executed in trust to the board as security for writing bail bonds. The
applicant for a license may voluntarily submit to a county bail bond board
an independent appraisal or other evidence of the value of his or her property,
and the board may consider the independent appraisal or other evidence in
determining the value of the applicant's real property.
Opinion No. JC-0367
The Honorable Jose R. Rodriguez, El Paso County Attorney, 500 East San
Antonio, Room 203, El Paso, Texas 79901
Re: Whether a county may charge an applicant for a plat revision the costs
of issuing notice of the proposed revision (RQ-0309-JC)
S U M M A R Y
Because it has no express constitutional or statutory authority to do so,
a county may not charge an applicant for a plat revision for the costs of
issuing notice of the proposed revision under Local Government Code section
232.041(b).
Opinion No. JC-0368
The Honorable David Swinford, Chair, Agriculture and Livestock Committee,
Texas House of Representatives, P.O. Box 2910, Austin, Texas, 78768-2910
Re: Whether a municipality may provide labor and equipment to construct
utilities on public easements and rights-of-way to serve a private subdivision
(RQ-0313-JC)
S U M M A R Y
A municipality may use municipal labor and equipment to extend utility
lines on public easements and rights-of-way to serve a residential subdivision.
See Tex. Loc. Gov't Code Ann. §§ 402.001, .002 (Vernon 1999 &
Supp. 2001).
Opinion No. JC-0369
The Honorable Bruce Isaacks, Denton County Criminal District Attorney,
127 North Woodrow Lane, Denton, Texas 76205
Re: Whether a commissioners court is authorized to establish certain policies
restricting employees associations for whose benefit payroll deductions for
membership dues may be made and related question (RQ-0314-JC)
S U M M A R Y
A commissioners court is authorized to establish a policy restricting the
employees associations for whose benefit payroll deductions for membership
dues may be made under section 155.001(b) of the Texas Local Government Code
to those employees associations having a specified minimum membership or of
specified duration. The phrase "bona fide employees association," as used
in section 155.001(b), means an organization of employees, formed in good
faith to promote a common purpose and is broader than a "labor union" or a
"labor organization."
Opinion No. JC-0370
The Honorable James Warren Smith, Jr., Frio County Attorney, 500 East San
Antonio Street, Box 1, Pearsall, Texas 78061-3100
Re: Whether a county may pay accrued vacation or compensatory time to two
sheriff's deputies if, when the time accrued, the county did not permit such
payments, and related question (RQ-0324-JC)
S U M M A R Y
A county may not pay accrued vacation or compensatory time to two deputy
sheriffs if, when the time accrued, the county did not permit such payments.
A county commissioners court has a nondelegable duty to review the county
payroll and to approve warrants. A county treasurer may not disburse county
funds without the county commissioners court's approval. See Tex. Loc. Gov't
Code Ann. §113.041(a), (c) (Vernon Supp. 2001).
For further information, please call 512 463-2110.
TRD-200102297
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 23, 2001
RQ-0371-JC
Mr. Charles E. Bell, M.D., Executive Deputy Commissioner, Texas Department
of Health, 1100 West 49th Street, Austin, Texas 78756-3199
Re: Whether federal law preempts regulation by the State Board of Health
under chapter 439 of the Health and Safety Code, which relates to certain
drugs to be shipped to foreign countries (Request No. 0371-JC)
Briefs requested by May 11, 2001
RQ-0372-JC
The Honorable Michael L. Williams, Chair, Texas Railroad Commission of
Texas, 1701 North Congress Avenue, Austin, Texas 78711-2967
Re: Whether the Railroad Commission is responsible for implementing the
legislative directive of section 39.9048, Utilities Code, to implement "a
program to keep the costs of fuel, such as natural gas, used for generating
electricity low" (Request No. 0372-JC)
Briefs requested by May 12, 2001
RQ-0373-JC
The Honorable David Sibley, Chair, Business and Commerce Committee, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Applicability of section 43.076, Local Government Code, to business
users of water and sanitary sewer service that have paid taxes to a water
district (Request No. 0373-JC)
Briefs requested by May 11, 2001
RQ-0374-JC
The Honorable Frank Madla, Chair, Intergovernmental Relations Committee,
Texas State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether the Railroad Commission may promulgate a rule imposing standards
of conduct on its members in a contested case proceeding (Request No. 0374-JC)
Briefs requested by May 11, 2001
For further information, please call 512-463-2110.
TRD-200102296
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 23, 2001
Request for Opinions