TITLE attorney-general

Opinion No. JC-0376

The Honorable Karen H. Meinardus, Wharton County Attorney, 103 South Fulton, Wharton, Texas 77488

Re: Whether excess contributions refunded to a county under section 26.008 of the Government Code may be paid as one-time salary supplements to employees of a county court (RQ 0315-JC)

S U M M A R Y

Compensation of court personnel is a "court-related purpose" within the meaning of section 21.006 of the Government Code. Retroactive increases in compensation for services already rendered violate article III, section 53 of the Texas Constitution. Prospective increases in compensation do not.

Opinion No. JC-0377

The Honorable Michael A. Stafford, Harris County Attorney, 1019 Congress, 15th Floor, Houston, Texas 77002-1700

Re: Whether a taxing unit may, by a "blanket" resolution, authorize that tax-foreclosure-sale property be resold as directed by the taxing unit's private tax-collection attorneys (RQ-0322-JC)

S U M M A R Y

A taxing unit may not by a "blanket" resolution authorize that tax-foreclosure-sale property be resold as directed by its private tax-collection attorneys. In the absence of legislative authority providing otherwise, a taxing unit may not delegate its authority to direct the resale of specific property at a public sale by authorizing its private tax-collection attorneys to direct the sheriff or a constable as to when specific properties are sold.

Opinion No. JC-0378

Mr. Jim Nelson, Commissioner of Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494

Re: Application of nepotism and conflict of interest statutes to the governing boards of open- enrollment charter schools (RQ-0331-JC)

S U M M A R Y

Open-enrollment charter schools may be established by a nonprofit corporation and certain other entities under Education Code chapter 12, subchapter D. Members of the governing board of a nonprofit corporation that establishes an open-enrollment charter school and the governing board of the school, if there is one, are not governmental entities subject to the prohibitions against nepotism in Government Code chapter 573 or the regulation of local public officers' conflicts of interest in Local Government Code chapter 171.

For further information, please call (512) 463-2110.

Assistant Attorney General

Office of the Attorney General

Filed: May 16, 2001