Opinion No. GA-0510

The Honorable Tanya S. Davis

Cooke County Attorney

3rd Floor, Courthouse

Gainesville, Texas 76240

Re: Whether the conflict of interest provisions in Chapter 171 of the Local Government Code prohibit a county constable from owning and operating a wrecker service that is on the county sheriff's wrecker rotation list (RQ-0487-GA)

S U M M A R Y

The conflict of interest provisions in chapter 171 of the Local Government Code do not prohibit a county constable from owning and operating a wrecker service that is on the county sheriff's wrecker rotation list.

Opinion No. GA-0511

The Honorable Kurt Sistrunk

Galveston County Criminal District Attorney

600 59th Street, Suite 1001

Galveston, Texas 77551-4137

Re: Whether the Open Meetings Act, Government Code chapter 551, permits a governmental body to admit selected members of the public into a closed meeting (RQ-0496-GA)

S U M M A R Y

Notice of a meeting subject to the Open Meetings Act must be sufficiently specific to inform the general public of the subjects to be considered during the meeting, with more specificity for a subject that is of special interest to the public. The Act does not require the notice of a closed meeting to cite the section or subsection numbers of provisions authorizing the closed meeting.

The Open Meetings Act, Government Code chapter 551, does not permit a governmental body to admit members of the public to a closed meeting to give input regarding a public officer or employee. Based on the facts provided, the portions of a "closed" meeting attended by members of the public were "not permitted" within section 551.144(a).

Opinion No. GA-0512

The Honorable Rodney Ellis

Chair, Committee on Government Organization

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether the Texas Department of Criminal Justice may adopt a rule or policy requiring mandatory testing of incoming offenders for human immunodeficiency virus (RQ-0518-GA)

S U M M A R Y

The Texas Board of Criminal Justice is authorized to adopt a rule or policy requiring mandatory testing for human immunodeficiency virus of incoming offenders in both the institutional division and the state jail division.

Opinion No. GA-0513

The Honorable Mark F. Pratt

Hill County Attorney

Post Office Box 253

Hillsboro, Texas 76645

Re Whether a county may improve a subdivision road under the authority of a statute other than Transportation Code chapter 253 (RQ-0521-GA)

S U M M A R Y

Where a county accepts in writing a public road dedication made in a subdivision plat in conformity with Transportation Code chapter 281, such acceptance is effective to make the roads county roads, even though the county also refuses at the same time to maintain or improve the roads. Thus, where Hill County has already acquired a public interest in a subdivision road by dedication, the county need not comply with Transportation Code chapter 253, which is an alternative to chapter 281 and is applicable only in the situation in which a county has not acquired a public interest in a subdivision road.

Opinion No. GA-0514

The Honorable Royce West

Chair, Committee on Intergovernmental Relations

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether a city may designate as a reinvestment zone under Tax Code section 311.005(a)(5) an area that is not "unproductive, underdeveloped, or blighted" if no bonds or notes are issued to finance the area's development or redevelopment RQ-0442-GA)

S U M M A R Y

A city may not designate an area as a reinvestment zone under Tax Code section 311.005(a)(5) unless the area is "unproductive, underdeveloped, or blighted" within the meaning of article VIII, section 1-g(b) of the Texas Constitution, even if the area's plan of tax increment financing does not include issuance of bonds or notes.

Opinion No. GA-0515

The Honorable Roy DeFriend

Limestone County and District Attorney

Limestone County Courthouse

200 West State Street, Suite 110

Groesbeck, Texas 76642

Re: Whether a bail bond may be accepted in a Texas county for a person jailed in another state (RQ-0512-GA)

S U M M A R Y

A Texas sheriff has no authority to accept bail for an offense committed in the sheriff's county if the accused is jailed in another state.

Opinion No. GA-0516

The Honorable Geraldine "Tincy" Miller

Chair, State Board of Education

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Appropriate calculation of the market value of the permanent school fund for making distributions to the available school fund (RQ-0448-GA)

S U M M A R Y

Because section 43.020 of the Education Code requires the State Board of Education to use the accrual accounting method to determine distributions to the available school fund, the Board may not administratively adopt another accounting method to determine the permanent school fund's market value to calculate the available school fund distribution under Texas Constitution article VII, section 5(a)(1). Article VII, section 5(a)(1) requires the permanent school fund's market value to exclude funds held by the School Land Board in the state treasury for purchasing additional real property.

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

TRD-200700480

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 14, 2007