Opinions
Opinion No. GA-0199
The Honorable Joe F. Grubbs
Ellis County and District Attorney
Temporary Administration Building
1201 North Highway 77, Suite B
Waxahachie, Texas 75165-5140
Re: Whether a municipality's finance director may simultaneously serve
as a temporary municipal judge in the same city (RQ-0144-GA)
S U M M A R Y
Neither Texas Constitution article XVI, section 40 nor the common-law doctrine
of incompatibility prohibits a city finance director from serving as a temporary
municipal judge in the same city. The Commission on Judicial Conduct is authorized
to investigate issues arising under the Code of Judicial Conduct in connection
with this dual service.
Opinion No. GA-0200
Mr. John A. Wells
Executive Director
Texas Military Facilities Commission
2200 West 35th Street, Building 64
Austin, Texas 78703
Re: Whether Government Code section 435.013(a) grants exclusive authority
to the Texas Military Facilities Commission to construct, repair, and maintain
facilities on its property (RQ-0147-GA)
S U M M A R Y
A 1997 amendment to Government Code section 435.013(a), which gives the
Texas Military Facilities Commission exclusive authority for the construction,
repair, and maintenance of state-owned facilities located on Commission property,
partially supersedes Attorney General Opinion JM-885 (1988). The exclusion
of military facilities from the Texas Building and Procurement Commission's
duty to manage certain state facilities under section 2165.007 of the Government
Code does not authorize the Adjutant General's Department to enter construction,
repair, or maintenance contracts that are within the Texas Military Facilities
Commission's exclusive authority under section 435.013(a).
Attorney General Opinion JM-885 (1988) is superseded to the extent it is
inconsistent with this opinion.
Opinion No. GA-0201
Mr. John A. Wells
Executive Director
Texas Military Facilities Commission
2200 West 35th Street, Building 64
Austin, Texas 78703-1222
Re: Whether the Texas Military Facilities Commission may make a lump sum
payment for accumulated sick leave to an individual whose state employment
has been terminated (RQ-0149-GA)
S U M M A R Y
The Texas Military Facilities Commission is not authorized to make a lump
sum payment for accumulated sick leave to an individual whose employment has
been terminated.
Opinion No. GA-0202
Ms. Shirley Neeley, Ed. D.
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-9734
Re: Whether, under section 22.0512 of the Education Code, a school district
may bring a disciplinary proceeding against a professional employee of the
district for violating the district's corporal punishment policy, although
the employee's use of force was justified under section 9.62 of the Penal
Code (RQ-0150-GA)
S U M M A R Y
Section 22.0512 of the Education Code prohibits a school district from
bringing a disciplinary proceeding against a professional employee for using
physical force that the employee reasonably believes is necessary "to enforce
compliance with a proper command issued to control, train, or educate the
child." Section 22.0512 further prohibits a school district from bringing
a disciplinary proceeding against a professional employee for using physical
force for punishment purposes if the school district has no corporal punishment
policy or its policy is substantially similar to section 22.0512(a) and section
9.62, Penal Code. Section 22.0512 concomitantly allows a school district to
bring a disciplinary proceeding against a professional employee if the employee
uses physical force to punish the child (corporal punishment) contrary to
the school district's policy.
Opinion No. GA-0203
The Honorable Ben W. "Bud" Childers
Fort Bend County Attorney
301 Jackson Street, Suite 728
Richmond, Texas 77469-3108
Re: Whether, in accordance with an order from the board of county court
at law judges, a county clerk may redact Social Security numbers from documents
available on the county clerk's website, although the numbers are not redacted
from the hard copies of the same documents filed in the clerk's office (RQ-0154-GA)
S U M M A R Y
A board of judges has no authority to order the county clerk to redact
Social Security numbers on the electronic copies of case-related documents.
The county clerk is not required to comply with such an order.
For information regarding this publication, please
access the website at www.oag.state.tx.us
or call the Opinion Committee
at 512-463-2110.
TRD-200403940
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 15, 2004