TITLE attorney-general

Request for Opinions

RQ-0218-GA

Requestor:

The Honorable Allan B. Ritter

Chair, Pensions and Investments Committee

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the Port Arthur Economic Development Council may participate in a "grant incentive and sales tax rebate contract" between the City of Port Arthur and a private corporation (Request No. 0218-GA)

Briefs requested by June 24, 2004

RQ-0219-GA

Requestor:

The Honorable Mike Stafford

Harris County Attorney

1019 Congress, 15th Floor

Houston, Texas 77002

Re: Whether a political subdivision that has created a crime control and prevention district may deposit district funds in a "pooled cash account" (Request No. 0219-GA)

Briefs requested by June 24, 2004

RQ-0220-GA

Requestor:

The Honorable Helen Giddings

Chair, Committee on Business and Industry

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether a municipality may enact an ordinance under chapter 54 of the Local Government Code that does not relate to a matter specifically enumerated in section 54.012 (Request No. 0220-GA)

Briefs requested by June 24, 2004

RQ-0221-GA

Requestor:

The Honorable Todd Staples

Chair, Infrastructure Development and Security Committee

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether the Gun Barrel City Economic Development Corporation may fund the construction of a youth football field (Request No. 0221-GA)

Briefs requested by June 24, 2004

RQ-0222-GA

Withdrawn by Requestor

RQ-0223-GA

Requestor:

The Honorable Brian McCall

Chair, Ways and Means Committee

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether garage door openers are included within the definition of "alarm system" under section 1702.002 of the Occupations Code (Request No. 0223-GA)

Briefs requested by June 25, 2004

RQ-0224-GA

Requestor:

Mr. Wayne Thorburn, Administrator

Texas Real Estate Commission

Post Office Box 12188

Austin, Texas 78711-2188

Re: Authority of the Texas Real Estate Commission to establish minimum service standards for a real estate broker who enters into an exclusive agency relationship to represent a party to a real estate transaction (Request No. 0224-GA)

Briefs requested by June 25, 2004

RQ-0225-GA

Requestor:

Ms. Cynthia L. "Cindy" Reed

Interim Executive Director

Texas Building and Procurement Commission

Post Office Box 13047

Austin, Texas 78711

Re: Ownership status of the land known as "Republic Square" in the City of Austin (Request No. 0225-GA)

Briefs requested by June 26, 2004

RQ-0226-GA

Requestor:

Mr. Larry A. Olson

Executive Director

Department of Information Resources

Post Office Box 13564

Austin, Texas 78711-3564

Re: Whether a respondent to a state agency's "request for offer" may obtain the return of the submitted documents under particular circumstances (Request No. 0226-GA)

Briefs requested by June 26, 2004

RQ-0227-GA

Requestor:

The Honorable Wayne Smith

Chair, Committee on County Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether health care providers administering vaccinations are immune from liability under the federal Medicare program (Request No. 0227-GA)

Briefs requested by June 26, 2004

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

TRD-200403673

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 2, 2004


Opinions

Opinion No. GA-0193

The Honorable Tom Maness

Jefferson County Criminal District Attorney

Jefferson County Courthouse

1001 Pearl Street, 3d Floor

Beaumont, Texas 77701-3545

Re: Whether a county may pay a justice of the peace amounts over and above the justice's salary for conducting inquests and performing magisterial work (RQ-0141-GA)

S U M M A R Y

A county may not pay a justice of the peace amounts over and above the justice's salary for conducting inquests and serving as a magistrate.

Opinion No. GA-0194

The Honorable David Swinford

Chair, Committee on Government Reform

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

The Honorable James A. Farren

Randall County Criminal District Attorney

501 16th Street

Canyon, Texas 79015

Re: Refund of taxes on travel trailers (RQ-0148-GA)

S U M M A R Y

Texas Constitution article VIII, section 1(d) and Tax Code section 11.14 as amended in 2003 exempt travel trailers from property tax as of the 2002 tax year. While the retroactive exemption may benefit persons who have not yet paid school district taxes on travel trailers for 2002 and 2003, there is no express or implied statutory authority for school districts that collected property tax on travel trailers in the 2002 and 2003 tax years to make refunds.

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

TRD-200403670

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 2, 2004