TITLE attorney-general

Opinion No. JC-0488

The Honorable Rene O. Oliveira, Chair, Committee on Ways and Means, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910

Re: Whether the City of Lake Jackson's sales and use tax election proposition allows expenditure of the taxes for an access road to service undeveloped commercially zoned property (RQ-0454-JC)

S U M M A R Y

Under section 4B of the Development Corporation Act of 1979, the sales and use tax is levied for the benefit of the Lake Jackson Development Corporation established by the City of Lake Jackson under section 4B; and the Corporation, rather than the City, is authorized to expend the tax proceeds for authorized projects.

The 1995 sales and use tax election proposition approved by the voters of the City of Lake Jackson pursuant to section 4B does not prohibit the Lake Jackson Development Corporation from using the sales tax proceeds to build an access road to service undeveloped commercially zoned property that fronts a state highway if the expenditure will promote development of new or expanded business enterprises.

Opinion No. JC-0489

The Honorable Mike Moncrief, Chair, Committee on Health and Human Services, Texas State Senate, P.O. Box 12068, Austin, Texas 78711

Re: Whether article III, section 50 of the Texas Constitution prohibits the Texas Commission for the Blind from contracting with the United States government to operate various vending facilities on federal property under the Federal Randolph-Sheppard Act, 20 U.S.C. ch. 6A, if the contract "create[s] financial exposure to the State for a multi-million dollar service agreement with . . . Federal Departments" (RQ-0455-JC)

S U M M A R Y

To the extent that the Texas Commission for the Blind lends the state's credit in making arrangements under the Randolph-Sheppard Act, 20 U.S.C. ch. 6A (1994 & Supp. V 1999), with the federal government to operate vending facilities on federal property or in licensing blind vendors to operate the vending facilities, the loan of credit has been found to accomplish the public purpose of providing economic opportunity to blind persons. Assuming that such an arrangement is adequately controlled to ensure that the public purpose is accomplished, it does not violate article III, section 50 of the Texas Constitution.

Opinion No. JC-0490

The Honorable Bobbye C. Hill, Wheeler County Attorney, P.O. Box 469, Wheeler, Texas 79096

Re: Whether a member of a school district board of trustees may simultaneously hold the office of county treasurer (RQ-0458-JC)

S U M M A R Y

A county treasurer is not, as a matter of law, barred by either article XVI, section 40 of the Texas Constitution, or by the common- law doctrine of incompatibility from simultaneously holding the office of trustee of an independent school district located within her county.

Opinion No. JC-0491

The Honorable Kenneth Armbrister, Chair, Committee on Criminal Justice, Texas State Senate, P. O. Box 12068, Austin, Texas 78711

Re: Validity of a school district policy regarding corporal punishment and physical restraint of students (RQ-0459-JC)

S U M M A R Y

The policy statement of the Arlington Independent School District regarding corporal punishment and physical restraint is generally within the district's authority to manage the district and to adopt rules for the safety and welfare of students, employees, and property. Disciplinary matters with respect to students receiving special education services in particular instances may implicate rules promulgated by the Commissioner of Education under section 37.0021 of the Texas Education Code, or the Federal Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1462 (1994 & Supp. I 1995 - Supp. V 1999).

For further information, please call the Opinion Committee at 512/ 463-2110 or access the website at www.oag.state.tx.us.

Assistant Attorney General

Office of the Attorney General

Filed: April 17, 2002