Opinions
Opinion No. GA-0080
The Honorable Joe R. Smith
Tyler County Criminal District Attorney
Courthouse Annex
100 West Bluff
Woodville, Texas 75979
Re: Whether, under section 542.007 of the Transportation Code, a county
commissioners court may extend state traffic laws to roads in a private subdivision
and, if so, whether it may except from the laws thus extended statutes restricting
all-terrain vehicle use on public roads (RQ-0008-GA)
S U M M A R Y
In accordance with section 542.007 of the Transportation Code, a county
commissioners court may extend all or some of the traffic rules applicable
to county roads to roads in a private subdivision.
See
TEX. TRANSP. CODE ANN. § 542.007(b) (Vernon Supp. 2003). In
addition, a commissioners court that has, by order, extended its traffic rules
to private subdivision roads may amend a previously issued order to except
otherwise applicable restrictions on all-terrain vehicle use.
Opinion No. GA-0081
The Honorable Bruce Isaacks
Denton County Criminal District Attorney
1450 East McKinney, Suite 3100
P.O. Box 2850
Denton, Texas 76202
Re: Budget amendment process in Denton County (RQ-0013-GA)
S U M M A R Y
A commissioners court that amends its budget in midyear to authorize a
new position in the sheriff's office by transferring surplus funds from one
budget item to another need not authorize an emergency expenditure, but may
proceed under the terms of section 111.070(c) of the Local Government Code.
Having authorized such an appointment pursuant to sections 151.001 and 151.002
of the Local Government Code, a commissioners court has ceded authority over
that position to the appointing officer for the remainder of the budget year
in question.
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at 512/ 463-2110.
TRD-200303489
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 11, 2003
RQ-0054-GA
Requestor:
The Honorable Mike Fetter
Criminal District Attorney, Upshur County
405 North Titus Street
Gilmer, Texas 75644
Re: Whether a county may perform work within the right-of-way of a county
road; and whether a county may use its personnel and equipment to pave a private
parking lot (Request No. 0054-GA)
Briefs requested by July 2, 2003
RQ-0055-GA
Requestor:
Ms. Betty Jez
Austin County Auditor
One East Main
Bellville, Texas 77418
Re: Whether "records management and preservation" funds may be used to
pay the salaries of employees of a county clerk (Request No 0055-GA)
Briefs requested by July 2, 2003
RQ-0056-GA
Requestor:
The Honorable Richard J. Miller
Bell County Attorney
P.O. Box 1127
Belton, Texas 76513
Re: Whether a refusal to permit a constable to enter the restricted area
of a business in order to serve civil process constitutes an offense under
section 38.16, Penal Code; and whether that statute is void for vagueness
(Request No. 0056-GA)
Briefs requested by June 30, 2003
RQ-0057-GA
Requestor:
The Honorable Florence Shapiro
Chair, Education Committee
Texas State Senate
P.O. Box 12068
Austin, Texas 78711
Re: Whether a minor may be classified as a "missing child" under article
63.001, Code of Criminal Procedure, if the minor's legal guardian knows the
minor's whereabouts (Request No. 0057-GA)
Briefs requested by June 30, 2003
RQ-0058-GA
Requestor:
Ms. Kristen Klein, CPA
Guadalupe County Auditor
307 West Court, Suite 205
Seguin, Texas 78155
Re: Whether a person who is assessed a fee under a pretrial intervention
program may also be assessed an administrative fee (Request No. 0058-GA)
Briefs requested by July 5, 2003
RQ-0059-GA
Requestor:
Mr. Antonio R. Sandoval
Hidalgo County Auditor
P.O. Box 689
Edinburg, Texas 78540-0689
Re: Obligations of a district attorney with respect to forfeited real property
(Request No. 0059-GA)
Briefs requested by July 9, 2003
RQ-0060-GA
Requestor:
Mr. Felipe T. Alanis
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Whether a public school superintendent may reassign a teacher who is
related to a school trustee without action by the board; whether an individual
whose employment is barred by the nepotism statute may be compensated for
services already rendered (Request No. 0060-GA)
Briefs requested by July 9, 2003
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at 512/463-2110.
TRD-200303490
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 11, 2003
Request for Opinions