Opinions
Opinion No. JC-0371
Mr. Jim Nelson Commissioner, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701-1494
Re: Whether a school district trustee may serve as a volunteer teacher
in the same district (RQ-0318-JC)
S U M M A R Y
A trustee of the Pearland Independent School District is barred by the
common-law doctrine of incompatibility from simultaneously serving as a part-time
volunteer teacher in a regular academic classroom for a single semester.
Opinion No. JC-0372
Mr. Robert J. Huston, Chair, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087
Re: Whether certain types of property at new facilities qualify for a tax
exemption as pollution-control property under section 11.31 of the Tax Code
(RQ-330-JC)
S U M M A R Y
Add-on pollution-control devices and methods of production that limit pollution
at new facilities are entitled to a tax exemption under section 11.31 of the
Tax Code. The Texas Natural Resource Conservation Commission must administer
the tax exemption to grant exemptions to only that portion of property that
actually controls pollution.
Opinion No. JC-0373
The Honorable Carole Keeton Rylander, Comptroller of Public Accounts, P.O.
Box 13528, Austin, Texas 78711-3528
Re: Whether the value of property subject to a tax increment financing
agreement under Local Government Code chapter 374 may be deducted from a school
district's total taxable value, and related questions (RQ-0303-JC)
S U M M A R Y
Section 403.302 of the Government Code requires the Comptroller to conduct
annual studies to determine the total value of taxable property within Texas
school districts. Subsection 403.302(d)(8) of the Government Code requires
the Comptroller to deduct from the market value of property taxable by a school
district any property value that is subject to a tax increment financing agreement
entered into under Local Government Code, chapter 374, subchapter D. The deduction
is not optional, but is required by statute.
The predecessor of Local Government Code chapter 374, subchapter D was
unconstitutional when adopted. It was not impliedly validated by the 1981
adoption of article VIII, section 1-g of the Texas Constitution authorizing
tax increment financing, but it was validated in 1987 when the predecessor
statute was reenacted in the codification of laws relating to local government.
A municipality may not adopt tax increment financing under Local Government
Code, chapter 374, subchapter D unless it holds an election as required by
section 374.031(a) of that statute.
Opinion No. JC-0374
Ms. Sandy Smith, Executive Director, Texas Board of Professional Land Surveying
,7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752
Re: Whether a registered professional land surveyor may provide a competitive
bid to the primary contractor of a contract with a governmental entity (RQ-0321-JC)
S U M M A R Y
If a governmental entity's contract with a prime contractor requires professional
services, either expressly or in fact, then the governmental entity has entered
into a contract that includes professional services as a component part and
the contract is subject to the Professional Services Procurement Act, Tex.
Gov't Code Ann. ch. 2254, subch. A (Vernon 2000). Assuming that the intent
of the Texas Board of Professional Land Surveying's competitive-bidding rule
is to mirror the Act's prohibitions, then the rule prohibits a surveyor from
submitting competitive bids to a prime contractor in connection with a governmental
contract, at either the planning and design or construction phase of a project.
Although the Professional Services Procurement Act does not obligate a professional
to determine whether a contract is subject to the Act's prohibition against
competitive bidding, a contract or arrangement entered into in violation of
the Act is expressly made "void as against public policy" by section 2254.005.
See id. § 2254.005.
Opinion No. JC-0375
The Honorable Mike Moncrief, Chair, Committee on Human Services, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Re: Whether a contractual requirement that a superintendent of schools
attend executive sessions of meetings of her board of trustees violates the
Open Meetings Act (RQ-0327-JC)
S U M M A R Y
A contractual provision requiring a superintendent of schools to attend
all executive sessions of her board of trustees is valid under the Open Meetings
Act, Tex. Gov't Code Ann. ch. 551 (Vernon 1994 & Supp. 2001).
For further information, please call (512) 463-2110.
TRD-200102533
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: May 4, 2001
RQ-0377-JC
The Honorable Delwin Jones Chair, Redistricting Committee, Texas State
Senate, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether the City of Lubbock Fire Department may provide "First Responder"
services within the boundaries of the Lubbock County Hospital District (Request
No. 0377-JC)
Briefs requested by June 4, 2001
RQ-0378-JC
Mr. Ron Allen, Executive Director, Texas Board of Veterinary Medical Examiners,
333 Guadalupe, Suite 2-330, Austin, Texas 78701-3998
Re: Whether a veterinarian may dispose of an animal held for nonpayment
of fees, and related questions (Request No. 0378-JC)
Briefs requested by June 3, 2001
RQ-0379-JC
The Honorable Leslie C. Acker, Garza County Attorney, 300 West Main Street,
Post, Texas 79356
Re: Whether a county may expend funds to expand a child care center (Request
No. 0379-JC)
Briefs requested by June 3, 2001
RQ-0380-JC
The Honorable Edwin E. Powell, Jr., Coryell County Attorney, P.O. Box 796,
Gatesville, Texas 76528
Re: Release of a "provisional autopsy report" under the Public Information
Act (Request No. 0380-JC)
Briefs requested by June 3, 2001
For further information, please call 512-463-2110.
TRD-200102608
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: May 9, 2001
Request for Opinions