RQ-0348-GA

Requestor:

Ms. Sandy Smith, Executive Director

Texas Board of Professional Land Surveying

7701 North Lamar, Suite 400

Austin, Texas 78752

Re: Validity of platting requirements adopted by Cherokee County as they relate to professional land surveyors (RQ-0348-GA)

Briefs requested by July 13, 2005

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

TRD-200502487

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 15, 2005

Opinion No. GA-0328

The Honorable Dennis Bonnen

Chair, Committee on Environmental Regulation

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether a county sheriff may simultaneously serve as a member of the board of trustees of an independent school district located in that county (RQ-0298-GA)

S U M M A R Y

The Chambers County Sheriff may not simultaneously serve as a trustee of an independent school district located within an unincorporated area of the county in which the sheriff serves as the primary law enforcement official. Attorney General Opinions O-3308 (1941) and JM-519 (1986) are overruled to the extent of conflict.

Opinion No. GA-0329

Mr. Terry Julian

Executive Director

Texas Commission on Jail Standards

Post Office Box 12985

Austin, Texas 78711

Re: A sheriff's authority to deduct costs incurred for damage to jail property from the commissary account of a prisoner found to be liable for the damage (RQ-0300-GA)

S U M M A R Y

A sheriff has the authority to deduct costs incurred for damage to jail property from the commissary account of a prisoner that is found liable for the damage in an institutional due process hearing. However, the sheriff must first comply with the Texas Commission on Jail Standard's rules on disciplinary proceedings before taking such action.

Opinion No. GA-0330

Mr. Carl V. Reynolds

Administrative Director

Office of Court Administration

205 West 14th Street, Suite 600

Austin, Texas 78711-2066

Re Proper fee for filing a petition for an order of nondisclosure of certain criminal records regarding persons placed on deferred adjudication community supervision, and the authority of courts without general civil jurisdiction to entertain such a petition (RQ-0297-GA)

S U M M A R Y

Currently, a clerk may not condition the filing of a petition for an order of nondisclosure upon payment of a fee other than the $28 fee expressly authorized by section 411.081(d) of the Government Code. The court that placed a person on deferred adjudication community supervision has jurisdiction to entertain the person's petition for nondisclosure under section 411.081(d).

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

TRD-200502443

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 14, 2005