TITLE attorney-general

Opinion No. GA-0057

The Honorable John Whitmire

Chair, Criminal Justice Committee

Texas State Senate

Austin, Texas 78711

Re: Whether an individual may simultaneously serve as a member of a city council and a Selective Service Local Board (RQ-0616-JC

S U M M A R Y

Article XVI, section 12 of the Texas Constitution provides that no one holding or exercising any office of trust under the United States is eligible to hold an office of trust under this state. If a person who holds an office of trust under Texas law accepts an office of trust under the United States, he automatically resigns his Texas office.

A member of a Selective Service Local Board does not at present occupy an office of trust under the United States because a local board's governmental powers are exercised only in the event of mandatory induction into the military services, and federal law does not today provide for conscription. The Selective Service System, including local boards, is currently on standby status. A city councilman who accepts an appointment to a local board at the present time does not accept an office of trust under federal law and therefore does not automatically resign from the city council position. Should conscription be reinstated, members of local boards would at that time hold governmental authority. Attorney General Opinion MW-360 (1981) is modified in accord with this opinion.

Opinion No. GA-0058

The Honorable William M. Jennings

Gregg County Criminal District Attorney

101 East Methvin Street, Suite 333

Longview, Texas 75601

Re: When the license of a bail bond surety who sold bail bonds before the creation of the county's bail bond board was "originally issued" for purposes of section 1704.203(a), (f) of the Occupations Code (RQ-0625-JC)

S U M M A R Y

The term "license" in section 1704.203 of the Occupations Code refers to a license issued in accordance with chapter 1704. See TEX. OCC. CODE ANN. § 1704.203(a), (f) (Vernon 2003). No bail bond surety's license could have been "originally issued" prior to the creation of a bail bond board under chapter 1704. Consequently, in a county where a bail bond board was created after September 1, 1999, a bail bond surety must comply with section 1704.203(f). See id. § 1704.203(f).

Opinion No. GA-0059

The Honorable Bruce Isaacks

Criminal District Attorney

1450 East McKinney, Suite 3100

Denton, Texas 76202

Re: Proper disposition of funds generated by the county jail inmate telephone contract (RQ-0629-JC)

S U M M A R Y

Revenues generated by the inmate telephone contract in Denton County constitute county funds. Such funds are to be paid into the county treasury and may be used for any legitimate county purpose. Attorney General Letter Opinion 97-030 is modified to the extent it conflicts with this opinion.

Opinion No. GA-0060

Mr. Felipe T. Alanis

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Relative authority of the State Board of Education and the Commissioner of Education with regard to the adoption of academic excellence evaluators and the evaluation of school districts under chapter 39 of the Education Code (RQ-0607-JC)

S U M M A R Y

The Seventy-seventh Legislature specifically required as an academic excellence indicator under section 39.051(b) of the Education Code the inclusion of "dropout rates, including dropout rates and district completion rates for grade levels 9 through 12." Accordingly, the State Board of Education does not have the authority to promulgate a rule mandating that such rates be computed based upon district completion rates alone. The Seventy-seventh Legislature further amended section 39.051(b) of the Education Code to excise the State Board of Education's authority to adopt additional academic excellence indicators. Any such indicators adopted by the State Board before the effective date of this legislation, however, remain in full force and effect.

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

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 16, 2003