TITLE attorney-general

Opinion No. JC-0440

The Honorable Rick Berry, Harrison County Criminal District Attorney, P.O. Box 776, Marshall, Texas 75671

Re: Whether a Texas Natural Resource Conservation Commission rule requiring owners of surface-irrigation on-site sewage facilities to have ongoing maintenance contracts is authorized (RQ-0400-JC)

S U M M A R Y

A Texas Natural Resource Conservation Commission rule requiring owners of surface- irrigation on-site sewage facilities to have ongoing maintenance contracts does not exceed the Commission's statutory authority. Neither the rule nor the statutory provisions authorizing it violate federal due process or equal protection guarantees.

Opinion No. JC-0441

The Honorable Patricia Gray, Chair, Public Health Committee, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910

Re: Whether a podiatrist's statutory authority to treat a "disease, disorder, physical injury, deformity or ailment of the human foot," Tex. Occ. Code Ann. § 202.001(a)(4) (Vernon 2001), includes authority to treat "the tibia and fibula in their articulation with the talus, . . . inclusive of all soft tissues . . . that insert into the tibia and fibula in their articulation with the talus," and related question (RQ-0404-JC)

S U M M A R Y

The Texas State Board of Podiatric Medical Examiners may not adopt a rule that enlarges the practice of podiatry beyond what chapter 202 of the Occupations Code permits. See Tex. Occ. Code Ann. ch. 202 (Vernon 2001). By defining the term "foot" as "the tibia and fibula in their articulation with the talus, . . . inclusive of all soft tissues . . . that insert into the tibia and fibula in their articulation with the talus," the Board has extended the practice of podiatry beyond what section 202.001 of the Occupations Code authorizes.

Opinion No. JC-0442

The Honorable Jim Solis, Chair, Committee on Economic Development, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910

Re: Whether a teacher who retires from employment with a school district and later wishes to return to full-time employment as a certified teacher with the school district, qualifies for the continuous-employment exception to the statutory prohibition on nepotistic hiring by a school district, see Tex. Gov't Code Ann. §§ 573.041, .062 (Vernon 1994) (RQ-0413-JC)

S U M M A R Y

A teacher who has retired from a full-time, certified teacher position has broken his or her employment with the school district and does not qualify for the continuous-employment exception to the statutory prohibition on nepotistic hiring by the school district. See Tex. Gov't Code Ann. §§ 573.041, .062 (Vernon 1994).

For further information, please contact the Opinion Committee at (512) 463-2110 or access their website at www.oag.state.texas.us .

Assistant Attorney General

Office of the Attorney General

Filed: December 21, 2001