The Private Security Board does not have authority to adopt a proposed rule requiring that a newly registered alarm installer work under the direct supervision of an alarm installer who has passed the Alarm Level 1 test. To the extent that any particular minimum electronics standard directly pertains to the safety, conduct, or qualifications of a person subject to chapter 1702, Occupations Code, the Private Security Board is authorized to adopt the standard.

Opinion No. GA-0410

Mr. C. Tom Clowe, Jr.

Chair, Texas Lottery Commission

Post Office Box 16630

Austin, Texas 78761-6630

Re: Whether the Texas Lottery Commission may award the cash equivalent of a prize to a person who is at least 18 years of age but not yet 21 years of age (RQ-0393-GA)

S U M M A R Y

For purposes of the State Lottery Act, a "minor" is an individual who has not yet attained the age of 21 years. The Texas Lottery Commission must award the cash equivalent of a prize to a person who is at least 18 years of age but not yet 21 years of age in accordance with the terms of section 466.405 of the Government Code.

Opinion No. GA-0411

Mr. E.G. Rod Pittman

Chair, Texas Water Development Board

Post Office Box 13231

Austin, Texas 78711-3231

Re: Possible conflict between two versions of sections 16.341 and 17.923 of the Water Code, as amended by House Bill 467 and Senate Bill 425, both adopted during the Seventy-ninth Legislature (RQ-0394-GA)

S U M M A R Y

Water Code section 16.341(1) as adopted on May 27, 2005 by the passage of House Bill 467 prevails over the conflicting section 16.341(1) as adopted on May 25, 2005 by the passage of Senate Bill 425.

Water Code section 17.923 has been repealed in its entirety.

Opinion No. GA-0412

The Honorable Mike Stafford

Harris County Attorney

1019 Congress, 15th Floor

Houston, Texas 77002

Re Voting procedures for Board of Managers of Harris County Hospital District (RQ-0395-GA)

S U M M A R Y

The Board of Managers of the Harris County Hospital District has adopted Robert's Rules of Order to govern its meetings. Pursuant to Robert's Rules of Order, the Board must approve an action by a majority vote of the members present and voting at a meeting where a quorum is present. Abstentions are not counted in determining the outcome of the vote.

Opinion No. GA-0413

Mr. Carl Reynolds

Administrative Director

Office of Court Administration

Post Office Box 12066

Austin, Texas 78711-2066

Re: Payment of uncollected fines, fees and court costs by defendants who have been administratively released from community supervision (RQ-0396-GA)

S U M M A R Y

Article 42.12 of the Code of Criminal Procedure provides specific procedures that, if followed, would continue the court's jurisdiction and allow for the collection of owed fines, fees and court costs even after the community supervision period has expired. If, however, those procedures are not followed, then a probation defendant is not subject to the conditions of community supervision, including the payment of fines, fees and court costs, after the date the period of community supervision expires.

Opinion No. GA-0414

Mr. Murray Walton

Executive Director

Texas Structural Pest Control Board

Post Office Box 1927

Austin, Texas 78767-1927

Re: Whether the Texas Structural Pest Control Board may require apartment employees to obtain licenses before they may apply pesticides to the apartment landscape (RQ-0398-GA)

S U M M A R Y

Under section 1951.051 of the Occupations Code, the Texas Structural Pest Control Board may not require an employee of the owner of an apartment building to obtain a license before the employee may use certain substances on the premises other than the apartment building itself.

Opinion No. GA-0415

The Honorable Carlos Valdez

District Attorney

105th Judicial District

Nueces County Courthouse

901 Leopard, Room 206

Corpus Christi, Texas 78401-3681

Re: Whether the nepotism statute applies to a junior college district's employment of a person related to a member of the district's board of regents (RQ-0401-GA)

S U M M A R Y

A nepotism provision, Government Code section 573.041, prohibits Del Mar College from employing an adjunct instructor who is related within a prohibited degree to a member of the college district's Board of Regents. The board's delegation of employment authority to the college president does not insulate the board from the application of the nepotism law.

Opinion No. GA-0416

Mr. Albert Hawkins

Executive Commissioner

Texas Health and Human Services Commission

Post Office Box 13247

Austin, Texas 78711

Re: Whether section 533.035(e) of the Health and Safety Code, which provides that "a local mental health and mental retardation authority may serve as a provider of services only as a provider of last resort," applies to both mental health services and mental retardation services or only to mental retardation services (RQ-0392-GA)

S U M M A R Y

Section 533.035(e) of the Health and Safety Code, which provides that in "assembling a network of service providers, a local mental health and mental retardation authority may serve as a provider of services only as a provider of last resort" and only under certain conditions, applies to both mental health services and mental retardation services.

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

TRD-200601812

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: March 27, 2006