Opinions
Opinion No. GA-0062
The Honorable Will Hartnett
Chair, Committee on Judicial Affairs
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78768-2910
Re: Whether a school district may pay attorneys' fees to a non-prevailing
party in litigation (RQ-0002-GA)
S U M M A R Y
A school district's payment of attorneys' fees to a non-prevailing party
is a gratuitous donation of public funds in violation of article III, section
52(a) of the Texas Constitution.
Opinion No. GA-0063
The Honorable Joe Crabb
Chair, House Committee on Redistricting
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Whether the Texas Legislature is required to undertake congressional
redistricting for the electoral period 2003-2010 (RQ-0017-GA)
S U M M A R Y
The Texas Legislature is constitutionally responsible for apportioning
the State into congressional districts. Neither the Texas Legislature nor
a Texas state court, however, approved a valid plan for redrawing the state's
congressional districts. The federal court in
Balderas
v. Texas
, No. 6:01-CV-158, slip op. (E.D. Tex. Nov. 14, 2002),
The United States Constitution entrusts the task of drawing congressional
boundaries to the State, but there exists no mechanism to force compliance
with this constitutional responsibility. The Texas Legislature has present
authority to adopt a congressional redistricting plan based on the 2000 census.
Unless and until the legislature adopts such a plan, the map drawn in 2002
by the three-judge court in
Balderas v. Texas
will
continue to be the congressional redistricting plan for Texas.
Opinion No. GA-0064
Ms. Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
333 Guadalupe, Suite 2-350
Austin, Texas 78701-3942
Re: Texas Board of Architectural Examiners' authority under chapter 53
of the Occupations Code to require an applicant for registration or a registrant
to report criminal history information (RQ-0627-JC)
S U M M A R Y
The Texas Board of Architectural Examiners does not infringe upon an applicant's
or a registrant's federal constitutional right to privacy or right under the
Double Jeopardy Clause of the Fifth Amendment to the United States Constitution
by requiring the applicant or registrant to report criminal convictions to
the Board. Nor does the Board's requirement violate the Self- incrimination
Clause of the Fifth Amendment to the United States Constitution.
Chapter 53 of the Occupations Code does not authorize the Board to take
disciplinary action against a registrant or to disqualify an applicant for
registration who refuses to provide information regarding the registrant's
or applicant's criminal convictions. The Board may, however, take disciplinary
action against the registrant or disqualify the applicant because he or she,
by refusing to provide criminal history information, violates Board rules.
Section 53.021(b) revokes, by operation of law, the license of a felon
who is imprisoned or whose community supervision, parole, or mandatory supervision
is revoked. While the licensing authority has a duty to revoke the license,
the fact that it does not do so does not affect the revocation. Thus, the
registration of a Board registrant who was released from incarceration before
the Board began revocation proceedings was revoked by operation of law, and
the individual must apply to the Board to be registered again.
For purposes of section 53.021(b), a felony conviction includes an offense
classified as a felony under the laws of the United States or another state.
The term "imprisonment" in section 53.021(b) refers to confinement in a
penitentiary or state jail facility, or the equivalent of either facility
in another jurisdiction. The Board must revoke the registration of a registrant
who is confined in such a facility. On the other hand, the Board is not required
to revoke the registration of a registrant who is on parole or who is participating
in a mandatory supervision program or in a community supervision program (which
may include confinement). Time spent in a halfway house is not confinement
in a penitentiary or state jail facility (or equivalent facility in another
jurisdiction) and is not imprisonment for purposes of section 53.021(b).
Attorney General Opinion JM-482 (1986) is overruled to the extent it conflicts
with this opinion.
Opinion No. GA-0065
The Honorable Robert Duncan
Chair, Senate Jurisprudence Committee
Texas State Senate
P.O. Box 12068
Austin, Texas 78711-2068
Re: Whether the Texas Water Advisory Council is subject to the requirements
of the Public Information Act, chapter 552 of the Government Code (RQ-0632-JC)
S U M M A R Y
The Texas Water Advisory Council is subject to the Public Information Act,
chapter 552 of the Government Code.
Opinion No. GA-0066
Ms. Karen F. Hale, Commissioner
Texas Department of Mental Health
and Mental Retardation
909 West 45th Street
P.O. Box 12668
Austin, Texas 78711-2668
Re: Whether the Health and Safety Code, section 572.0025(f)(1) requirement
that a physician conduct an "in-person examination" of a prospective patient
of an inpatient mental health facility means that only a physician may conduct
the examination (RQ-0003-GA)
S U M M A R Y
A physician must personally conduct an examination of a patient required
by section 572.0025(f)(1) of the Health and Safety Code and may not delegate
this duty to a non-physician pursuant to section 157.001 of the Occupations
Code. The statute's requirement that the examination be "in-person" precludes
an examination via "audiovisual telecommunication."
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at 512/ 463-2110.
TRD-200302706
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: April 30, 2003
RQ-0040-GA
Requestor:
The Honorable Richard J. Miller
Bell County Attorney
P.O. Box 1127
Belton, Texas 76513
Re: Validity of certain practices of a charitable raffle, including refunding
a portion of a purchaser's ticket price, auctioning tickets, and permitting
side transactions among ticket holders (Request No. 0040-GA)
Briefs requested by May 24, 2003
RQ-0041-GA
Requestor:
Mr. Felipe T. Alanis
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Whether a school district board of trustees may reimburse a member
for expenses incurred in an election contest that involves certain voting
rights claims (Request No. 0041-GA)
Briefs requested by March 28, 2003
RQ-0042-GA
Requestor:
Mr. Felipe T. Alanis
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Redistricting of trustee districts for the Dallas Independent School
District (Request No. 0042-GA)
Briefs requested by May 28, 2003
RQ-0043-GA
Requestor:
The Honorable Leslie Breeding
Roberts County Attorney
Post Office Box 367
Miami, Texas 79059-0367
Re: Authority of a commissioners court to consider competing petitions
for a fresh water supply district (Request No. 0043-GA)
Briefs requested by May 28, 2003
RQ-0044-GA
Requestor:
The Honorable Robert R. Puente
Chair, Committee on Natural Resources
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Whether a river authority may, under the Open Meetings Act, hold informational
meetings that are open only to the press and community leaders (Request No.
0044-GA)
Briefs requested by May 28, 2003
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at 512/463-2110.
TRD-200302705
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: April 30, 2003
Request for Opinions