RQ-0598-GA
Requestor:
The Honorable Mike Jackson
Chair, Committee on Nominations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Use of county bond money to build, maintain or improve city streets (RQ-0598-GA)
Briefs requested by August 9, 2007
RQ-0599-GA
Requestor:
The Honorable Kevin Bailey
Chair, Committee on Urban Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether a local civil service commission may adopt a rule that awards additional points to examination scores on the basis of residency with the municipality (RQ-0599-GA)
Briefs requested by August 10, 2007
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200702929
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 11, 2007
Opinion No. GA-0553
The Honorable D. Matt Bingham
Smith County Criminal District Attorney
Smith County Courthouse
100 North Broadway, 4th Floor
Tyler, Texas 75702
Re: Whether a county may constitutionally contract under Local Government Code section 351.061 to provide a nongovernmental association with a constable office's law-enforcement services provided the contract (1) allows the constable to retain control and supervision of the constable's officers and (2) does not obligate the constable to assign officers to devote any portion of their working time to the nongovernmental association (RQ-0559-GA)
S U M M A R Y
Under chapter 351, subchapter D of the Local Government Code, a county may contract to provide law-enforcement services to a nongovernmental association on a fee basis, provided the contract does not violate article III, section 52(a) or article III, section 1 of the Texas Constitution. Under article III, section 52(a) the commissioners court must determine, in the first instance, that (1) the contract has as its predominant purpose the accomplishment of a public, rather than a private, purpose; (2) the public entity retains sufficient control to ensure accomplishment of the public purpose; and (3) the public receives a return benefit.
To comply with article III, section 1 of the constitution, a contract must not cede county law-enforcement discretion to the nongovernmental association.
Attorney General Opinions JM-57 (1983) and JM-509 (1986) are overruled to the extent that they are inconsistent with this opinion.
Opinion No. GA-0554
The Honorable Geraldine "Tincy" Miller
Chair, State Board of Education
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Whether the State Board of Education may adopt a procedural rule that requires a vote of greater than a majority of the number of members of the board fixed by statute, i.e., a "supermajority" (RQ-0561-GA)
S U M M A R Y
The authority of the State Board of Education to adopt rules of procedure does not encompass the authority to adopt rules that impose, in certain instances, a supermajority voting requirement.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200702928
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 11, 2007