Opinions
Opinion No. GA-0012
The Honorable Bruce Isaacks, Denton County Criminal District Attorney,
P.O. Box 2850, Denton, Texas 76202
Re: Whether statutory county court judges in Denton County are entitled
to receive benefit- replacement pay as part of their annual compensation (RQ-0576-JC)
S U M M A R Y
A statutory county court judge in Denton County who held office on August
31, 1995, is entitled to receive benefit-replacement pay. A Denton County
statutory county court judge who did not hold office on that date is not entitled
to receive benefit-replacement pay, if payment of such benefit-replacement
pay would result in the statutory county judge's receiving more compensation
than a district court judge in Denton County who assumed office after August
31, 1995.
Opinion No. GA-0013
The Honorable Clyde Alexander, Chairman, House Committee on Transportation,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Assessment of costs and proper electorate for a proposal under chapter
253 of the Transportation Code that a county improve a road in a subdivision
(RQ-0577-JC)
S U M M A R Y
The costs of any improvement to a road in a subdivision made under chapter
253 of the Transportation Code must be levied against the record owners of
real property in the subdivision generally. Ballots for the election authorizing
such an improvement must be sent to all record owners of real property in
the subdivision.
Opinion No. GA-0014
The Honorable Frank Madla, Chair, Intergovernmental Relations Committee,
Texas Senate, P.O. Box 12068, Austin, Texas 78711-2068
Re: Effect of certain annexations on the extraterritorial jurisdiction
of the City of San Antonio (RQ-0580-JC)
S U M M A R Y
Section 42.0225 of the Local Government Code, as adopted by Senate Bill
89 of the 76th Legislature, provides that a city's extraterritorial jurisdiction
will not expand if it annexes an area that it owns and that is not contiguous
to other territory of the municipality. If the city subsequently annexes the
properties that separate the noncontiguous land from its boundaries, the city's
extraterritorial jurisdiction will expand pursuant to Local Government Code
section 42.021 to include, in the case of a city with a population of 100,000
or more, the unincorporated area within five miles of the city boundary.
If a city annexes such land before December 31, 2002, the land will be
subject to Local Government Code section 42.0225: (1) if it is included in
its annexation plan, or (2), with respect to land that is not included in
its annexation plan during the time period from December 31, 1999, to December
31, 2002, if the first hearing notice required by former section 43.052 was
published on or after September 1, 1999.
Opinion No. GA-0015
The Honorable Robert F. Vititow, Rains County Attorney, 220 West Quitman,
P.O. Box 1075, Emory, Texas 75440
Re: Whether the offices of county commissioner and city council member
in the same county are incompatible as a matter of law (RQ-0581-JC)
S U M M A R Y
The office of county commissioner and the office of council member of a
city located in the county are incompatible as a matter of law. A county commissioner
would automatically vacate office by accepting and qualifying for the second
office. At that point, the former commissioner would not be entitled to vote
at commissioners court meetings or to be paid as a county commissioner. In
addition, the county judge would be authorized to appoint someone to fill
the vacancy.
See
Tex. Loc. Gov't Code Ann. §87.042
(Vernon 1999). That authority is not contingent upon a judicial declaration
that a vacancy exists. Once the county judge appoints someone to fill the
vacancy, the appointee will qualify for office upon taking the official oath
and executing a bond.
See id.
§81.002
(Vernon Supp. 2003). Once the successor commissioner qualifies for office,
the successor commissioner is entitled to vote as commissioner and to be paid
for holding that office. Attorney General Letter Opinion 88-049 is affirmed.
For information regarding
this publication, please access the website at www.oag.state.tx.us
type-name="italic"> or call the Opinion Committee at 512-463-2110.
TRD-200300699
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: January 28, 2003
RQ-0011-GA
The Honorable Ken Armbrister Chair, Natural Resources Committee, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether a municipality's rebate of sales tax is a release or extinguishment
of indebtedness in contravention of Texas Constitution article III, section
55 (Request No. 0011-GA)
Briefs requested by February 22, 2003
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at (512) 463-2110.
TRD-200300704
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: January 29, 2003
Request for Opinion