TITLE attorney-general

Opinion No. GA-0073

Mr. Kenneth James

Chair, Board of Regents

Stephen F. Austin State University

Nacogdoches, Texas 75962

Re: Whether chapter 573 of the Texas Government Code precludes the Stephen F. Austin State University Board of Regents from employing the university president's spouse (RQ-0004-GA)

S U M M A R Y

Chapter 573 of the Texas Government Code does not preclude the Stephen F. Austin State University Board of Regents from employing the university president's spouse.

Opinion No. GA-0074

Mr. Edward A. Dion

El Paso County Auditor

500 East San Antonio Street

El Paso, Texas 79901-2407

Re: Authority of a bail bond board to hire outside legal counsel over the objection of the county attorney (RQ-0005-GA)

S U M M A R Y

The El Paso County Bail Bond Board is a county entity. Government Code section 41.007 imposes a duty on the El Paso county attorney to provide legal counsel to the Board. See TEX.GOV'T CODE ANN. §41.007 (Vernon 1988). The Board may not seek outside legal counsel without the consent of the county attorney, and the El Paso county auditor may not pay any claim for such outside representation. There is no inherent conflict of interest in the dual roles of the county attorney in collecting bail bond forfeiture judgments and advising the Board.

Opinion No. GA-0075

Mr. Clarence R. Josselet, ARM, CPCU

Executive Director

State Office of Risk Management

300 West 15th Street

Austin, Texas 78701

Re: Whether the Employees Retirement System and the Teacher Retirement System must pay a share of the state employee workers' compensation claims costs allocated under Labor Code section 412.0123 (RQ-0001-GA)

S U M M A R Y

The allocation program that the State Office of Risk Management has established under section 412.0123 of the Labor Code applies to state agencies generally, with the exception of those agencies that hold their funds outside the state treasury and reimburse the general revenue fund under section 506.002 of the same code for workers' compensation claims costs. Because the Employees Retirement System and the Teacher Retirement System, whose funds are held in trust outside the state treasury, reimburse the state's general revenue fund under section 506.002(a), they are not required to participate in the allocation program established under Labor Code section 412.0123, as adopted by Act of May 25, 2001, 77th Leg., R.S., ch. 1456, §14.01, 2001 Tex. Gen. Laws 5167, 5194-95, and by Act of May 22, 2001, 77th Leg., R.S., ch. 559, §1, 2001 Tex. Gen. Laws 1076, 1076.

Opinion No. GA-0076

The Honorable Kevin Bailey

Chair, Committee on General Investigating

Texas House of Representatives

Austin, Texas 78768-2910

Re: Whether a school district may voluntarily pay the medical expenses and travel costs for a student injured in school or during a school activity (RQ-0007-GA)

S U M M A R Y

Section 33.085 of the Education Code authorizes a school district to purchase an insurance policy to cover a student's medical expenses for bodily injuries sustained in connection with interschool athletics or while engaging in school-sponsored activities on campus. A school district may pay medical costs and incidental travel costs for a student injured at school or in connection with a school activity if the school board determines that the expenditure is necessary in the conduct of the public schools.

The district's payment of travel costs will not constitute an unconstitutional gift of public funds to an individual if the school board (1) determines that the expenditure's predominant purpose is to accomplish a public purpose, not to benefit private parties, (2) retains sufficient control over the expenditure to ensure that the public purpose is accomplished, and (3) ensures that the school district receives a return benefit.

Opinion No. GA-0077

The Honorable Ed C. Jones

Angelina County Attorney

Lufkin, Texas 75902-1845

Re: Whether a member of the board of directors of a water control and improvement district may simultaneously serve as an employee of that district (RQ-0012-GA)

S U M M A R Y

A member of the Board of Directors of the Central Water Control and Improvement District of Angelina County is prohibited from serving as an employee of the District in any capacity other than that of general manager.

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: May 28, 2003