Re: Whether a county judge whom the State Commission on Judicial Conduct has suspended from office with pay is entitled to his full salary (RQ-0160-GA)

S U M M A R Y

Absent a contrary construction from the State Commission on Judicial Conduct, a county judge whom the Commission has suspended "with pay" is entitled to receive his or her total salary, including any supplement from the state.

Opinion No. GA-0212

The Honorable Frank J. Corte Jr.

Chair, House Committee on Defense Affairs and State-Federal Relations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether abortion facilities that are exempt from licensing under section 245.004 of the Health and Safety Code are subject to regulation by the Texas Department of Health under chapter 245 (RQ-0158-GA)

S U M M A R Y

Health and Safety Code chapter 245, the Texas Abortion Facility Reporting and Licensing Act, exempts hospitals, ambulatory surgical centers, and certain physician offices that perform abortions from licensing under chapter 245. Texas Department of Health rules adopted under chapter 245 are consistent with chapter 245 to the extent that they do not apply the section 245.010 minimum standards to abortion facilities that are not required to be licensed under chapter 245. The rules are also consistent with chapter 245 to the extent they provide that such abortion facilities are not subject to inspection by the Department under section 245.006.

Exempt hospitals, ambulatory surgical centers, and physician offices are licensed and regulated under the Hospital Licensing Law, Texas Ambulatory Surgical Center Licensing Act, and the Medical Practice Act, respectively. See TEX. HEALTH & SAFETY CODE ANN. chs. 241, 243 (Vernon 2001 & Supp. 2004); TEX. OCC. CODE ANN. ch. 151, subtit. B (Vernon 2004). Those statutes provide the relevant regulatory bodies with authority to adopt standards protecting patients and to enforce those standards against their licensees.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.

TRD-200404421

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: July 7, 2004