Request for Opinions
RQ-0333-GA
Requestor:
Mr. Thomas Davis, Director
Texas Department of Public Safety
5805 N. Lamar Blvd, Box 4087
Austin, Texas 78773-0001
Re: Whether a peace officer commissioned by the Texas Department of Public
Safety is an "appointed officer" for purposes of article XVI, section 1 of
the Texas Constitution (Request No. 0333-GA)
Briefs requested by May 11, 2005
RQ-0334-GA
Requestor:
The Honorable Dib Waldrip
Comal County Criminal District Attorney
150 N. Seguin, Suite 307
New Braunfels, Texas 78130
Re: Whether a county may assess drainage fees in the extraterritorial jurisdiction
of a municipality (Request No. 0334-GA)
Briefs requested by May 11, 2005
RQ-0335-GA
Requestor:
The Honorable Carlos Uresti
Chair, Government Reform Committee
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether a justice of the peace may, under the state law, simultaneously
serve as a municipal judge of a city located in the same county (Request No.
0335-GA)
Briefs requested by May 11, 2005
RQ-0336-GA
Requestor:
The Honorable Jeff Wentworth
Chair, Jurisprudence Committee
Texas Senate
Post Office Box 12068
Austin, Texas 78711
Re: Whether a municipality that has not enacted a residence homestead exemption
under article VIII, section 1-b(h) of the Texas Constitution may adopt the
tax limitation of section 1-b(h) (Request No. 0336-GA)
Briefs requested by May 11, 2005
For further information, please access the website
at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200501621
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: April 19, 2005
Opinion No. GA-0316
The Honorable Kent Grusendorf
Chair, House Committee on Public Education
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
The Honorable Mike Krusee
Chair, House Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Post-hearing procedure in cases involving nonconsent tows (RQ-0278-GA)
S U M M A R Y
Where a nonconsent tow hearing authorized by chapter 685 of the Texas Transportation
Code is conducted before a magistrate of a municipal court or municipal court
of record, the magistrate's determination is final, and there is no appeal.
Opinion No. GA-0317
The Honorable Bill Hill
Dallas County District Attorney
Administration Building
411 Elm Street, Suite 500
Dallas, Texas 75202-3384
Re: Whether section 6.025(d) of the Tax Code violates article VIII, sections
1(a), (b) and 18(c) of the Texas Constitution (RQ-0285-GA)
S U M M A R Y
Section 6.025(d) of the Tax Code, which requires the chief appraisers
of overlapping appraisal districts to enter into their districts' appraisal
records the lowest appraised and market values from all the values determined
by each appraisal district, does not as a matter of law violate article VIII,
section 1(a) or (b) of the Texas Constitution. In a particular fact situation,
a court could determine that a property value required by section 6.025(d)
fails to appraise the property at its market value and causes a taxing unit
to levy a tax that is not equal and uniform.
Section 6.025(d) does not violate the article VIII, section 18(c) requirement
that the legislature establish a single review board for each appraisal district
and that appraisal review board members reside in the appraisal district.
For further information, please access the website
at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200501642
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: April 20, 2005
Opinions