Opinions
Opinion No. GA-0003
The Honorable Robert Duncan, Interim Chair, Natural Resources Committee,
Texas State Senate, P. O. Box 12068, Austin, Texas 78711
Re: Authority of the Texas Department of Transportation over construction
and maintenance of utility lines along a controlled-access highway (RQ-0563-JC)
S U M M A R Y
The Texas Department of Transportation's Utility Accommodation Policy,
Opinion No. GA-0004
The Honorable Jane Nelson, Chair, Nominations Committee, Texas State Senate,
P.O. Box 12068, Austin, Texas 78711
Re: Whether the Euless Economic Development Corporation is "a governmental
entity that has the power of eminent domain" under section 272.001(b)(5) of
the Local Government Code (RQ-0568-JC)
S U M M A R Y
Section 272.001(b)(5) of
the Local Government Code exempts "a real property interest conveyed to a
governmental entity that has the power of eminent domain" from the public
notice and bidding requirements generally applicable to the sale or exchange
of land owned by a political subdivision. The Euless Economic Development
Corporation, a nonprofit industrial development corporation created under
the Development Corporation Act of 1979, article 5190.6 of the Revised Civil
Statutes, is not a "governmental entity" for the purposes of section 272.001(b)(5)
of the Local Government Code. Furthermore, section 272.001(b)(5) does not
authorize a political subdivision to transfer land to a private party by using
a "governmental entity" as a pass-through.
Opinion No. GA-0005
The Honorable Sky Sudderth, District Attorney, 35th Judicial District,
Brown County Courthouse, 200 South Broadway, Brownwood, Texas 76801
Re: Authority of a district attorney pro tem to modify a standing local
agreement between a district attorney's office and a law enforcement agency
regarding the distribution of forfeited funds (RQ-0569-JC)
S U M M A R Y
A district attorney pro tem appointed under the terms of article 2.07 of
the Code of Criminal Procedure for a specific case does not have the authority
to alter the terms of disposition of a local agreement on forfeited property
under chapter 59 of the Code of Criminal Procedure.
Opinion No. GA-0006
The Honorable Jane Nelson, Chair, Senate Committee on Nominations, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Re: Whether a member of the legislature who resigns his or her legislative
office may, during the term for which he or she was elected, be appointed
to a position or office that requires senate confirmation. (RQ-0574-JC)
S U M M A R Y
By virtue of article III, section 18 of the Texas Constitution, a member
of the Texas Senate who was elected to that position in the general election
of November 2000 is not eligible during his or her term of office to be appointed
by the governor to an office or position that requires senate confirmation,
regardless of whether he or she resigns his or her legislative position shortly
before any prospective appointment. On the other hand, a member of the Texas
House of Representatives or a member of the Texas Senate elected at the general
election of November 2002 is eligible to be appointed by the governor to an
office or position that requires senate confirmation during a "window of opportunity"
between January 1, 2003, and January 14, 2003, the date on which the Seventy-eighth
Legislature convenes, provided that person resign his or her office during
that window.
For information regarding this publication, please
access the website at www.oag.state.tx.us
or call the Opinion Committee
at 512-463-2110.
TRD-200208533
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: December 23, 2002
RQ-0005-GA
Mr. Edward A. Dion, El Paso County Auditor, 500 East San Antonio Street,
Room 406, El Paso, Texas 79901-2407
Re: Authority of a bail bond board to hire legal counsel, and related questions
(Request No. 0005-GA)
Briefs requested by January 19, 2003
RQ-0006-GA
The Honorable C.E. "Mike" Thomas, III, Howard County Attorney, P.O. Box
2096, Big Spring, Texas 79721
Re: Whether a commissioners court may provide free online legal research
to the public with fees collected under section 323.023 of the Local Government
Code (Request No. 0006-GA)
Briefs requested by January 19, 2003
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion
Committee at 512/463-2110.
TRD-200208532
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: December 23, 2002
Request for Opinions