TITLE attorney-general

Opinion No. GA-0318

Mr. Paul Mallett

Executive Director, Commission on State Emergency Communications

333 Guadalupe Street, Suite 2-212

Austin, Texas 78701-3942

Re: Whether certain members of the Commission on State Emergency Communications are entitled to receive compensatory per diem (RQ-0288-GA)

S U M M A R Y

The five public members of the Commission on State Emergency Communications are not entitled to receive compensatory per diem.

Opinion No. GA-0319

The Honorable F. C. Schneider

Caldwell County Criminal District Attorney

Post Office Box 869

Lockhart, Texas 78644

Re: Application of Transportation Code chapter 253 to a subdivision road located partially within a city's boundaries and partially within the city's extraterritorial jurisdiction (RQ-0290-GA)

S U M M A R Y

Chapter 253 of the Transportation Code permits, but does not require a county to improve roads in a subdivision in the unincorporated area of the county and to assess the costs against property owners of the subdivision. Chapter 253 applies to the part of a road situated in the county's unincorporated area, even though the remainder of the road is situated within the boundaries of a city. Chapter 253 authorizes the county to improve subdivision roads to county standards. If the road is partly located within the extraterritorial jurisdiction of a municipality that has extended its road construction standards into its extraterritorial jurisdiction, the county may not maintain the road to the extent that city road construction standards are inconsistent with county standards.

A county's interlocal agreement to maintain streets within a city's limits does not affect the application of chapter 253 to subdivision roads in the unincorporated part of the county.

Opinion No. GA-0320

The Honorable Todd Staples

Chair, Committee on Transportation and Homeland Security

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether the Athens Economic Development Corporation may expend funds for highway construction adjacent to an industrial park (RQ-0289-GA)

S U M M A R Y

An expenditure for road construction may qualify as a "project" under section 2(11)(A) of the Development Corporation Act of 1979, provided the board of directors of an industrial development corporation finds that the expenditure is "required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises." TEX. REV. CIV. STAT. ANN. art. 5190.6, §2(11)(A) (Vernon Supp. 2004-05). Section 4(A)(i) of the Act does not preclude a 4A corporation from providing a transportation facility that benefits property acquired for another authorized project.

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

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: May 4, 2005