RQ-0579-GA
Requestor:
The Honorable Mike Stafford
Harris County Attorney
1019 Congress, 15th Floor
Houston, Texas 77002
Re: Constitutionality of the juvenile case management fee authorized by article 102.0174, Code of Criminal Procedure (RQ-0579-GA)
Briefs requested by May 14, 2007
RQ-0580-GA
Requestor:
The Honorable Marsha Monroe
Terrell County Attorney
P.O. Box 745
Sanderson, Texas 79848
Re: Dual employment for county officers and employees (RQ-0580-GA)
Briefs requested by May 18, 2007
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200701451
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 18, 2007
Opinion No. GA-0536
The Honorable Mike Jackson
Chair, Committee on Nominations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Re: Eligibility of an Assistant Chief of Police of the City of League City to serve as City Administrator (RQ-0539-GA)
S U M M A R Y
The present City Administrator of the City of League City is on approved leave of absence, with pay, as Assistant Chief of Police of that city. Because the City's Assistant Chief of Police is not a civil service position, such leave of absence was not an abandonment of a civil service position. Also, because the leave of absence was approved in accordance with the relevant personnel policies, he did not abandon his duties as Assistant Chief of Police.
However, because the City Administrator has supervisory authority over the Assistant Chief of Police and a leave of absence does not sever an employment relationship, the Assistant Chief of Police is barred by the self-employment aspect of the common-law doctrine of incompatibility from simultaneously serving as City Administrator.
Opinion No. GA-0537
The Honorable Ruth Jones McClendon
Chair, Committee on Rules and Resolutions
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether Juneteenth USA, a 501(c)(3) charitable organization, is entitled to receive a property tax exemption (RQ-0541-GA)
S U M M A R Y
Whether any property is entitled to a tax exemption is a fact question within the authority of the chief appraiser of the appraisal district to initially determine. Once property is included on the appraisal roll and tax roll, absent any action by Juneteenth USA under chapters 41 and 42, Texas Tax Code, the appraisal district and applicable taxing units are without power, respectively, to reinstate Juneteenth USA's tax exemption or to remove it and its tax obligation from the tax rolls.
Opinion No. GA-0538
The Honorable James L. Keffer
Chair, Ways and Means Committee
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether, under the common-law doctrine of incompatibility, a member of the governing board of a metropolitan transit authority may simultaneously serve as acting city manager for one of the cities within the authority's service area (RQ-0543-GA)
S U M M A R Y
An acting city manager who is subject to an employment agreement with the mayor or the city council is not barred by the common-law doctrine of incompatibility from serving as a member of the governing board of a metropolitan transit authority that includes the city within its service area.
Opinion No. GA-0539
The Honorable Dan W. Heard
Calhoun County Criminal District Attorney
Post Office Box 1001
Port Lavaca, Texas 77979
Re: Whether the Calhoun County Navigation District may enact a tax limitation under article VIII, section 1-b(h) of the Texas Constitution (RQ-0544-GA)
S U M M A R Y
Article VIII, section 1-b(h) of the Texas Constitution does not authorize a navigation district to adopt a property tax freeze under that section for persons with disabilities or persons sixty-five years of age or older.
Opinion No. GA-0540
The Honorable Rob Baiamonte
Goliad County Attorney
Post Office Box 24
Goliad, Texas 77963
Re: Whether an individual may simultaneously serve as a constable in Goliad County and as a member of the board of directors of the Goliad County Groundwater Conservation District (RQ-0548-GA)
S U M M A R Y
An individual is barred by article XVI, section 40(a) of the Texas Constitution from simultaneously serving as both a Goliad County constable and as a member of the board of directors of the Goliad County Groundwater Conservation District.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200701450
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 18, 2007