RQ-0572-GA
Requestor:
The Honorable M. Rex Emerson
Kerr County Attorney
County Courthouse, Suite BA-103
700 Main Street
Kerrville, Texas 78028
Re: Possible conflict between section 1701.357, Occupations Code, which relates to the carrying of firearms by a retired peace officer, and the federal Law Enforcement Officers Safety Act of 2004 (RQ-0572-GA)
Briefs requested by April 9, 2007
RQ-0573-GA
Requestor:
Mr. C. Tom Clowe, Jr., Chair
Texas Lottery Commission
P.O. Box 16630
Austin, Texas 78761-6630
Re: Eligibility for a manufacturer's or distributor's license under the Bingo Enabling Act, chapter 2001, Occupations Code (RQ-0573-GA)
Briefs requested by April 12, 2007
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200701009
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: March 14, 2007
Opinion No. GA-0528
The Honorable Eddie Lucio, Jr.
Chair, Committee on International Relations and Trade
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Whether a seawall funded from assessments levied pursuant to Local Government Code, chapter 372, subchapter A or B, may be built on privately-owned land (RQ-0528-GA)
S U M M A R Y
Texas Constitution article III, section 52(a) requires a city that builds a seawall on privately- owned land to maintain sufficient control over it to ensure that the public purpose is accomplished and to protect the public's interest in it. To carry out this duty, a city must have an appropriate interest in the land on which a seawall funded from assessments levied pursuant to Local Government Code, chapter 372, subchapter A or B will be located.
Opinion No. GA-0529
The Honorable Jesusa Sanchez-Vera
Jim Wells County Attorney
Post Office Drawer 2080
Alice, Texas 78333
Re: Whether Texas Constitution article III, section 52-a and Local Government Code section 380.001 authorize a city to make a loan to a private developer to fund a private housing project (RQ-0535-GA)
S U M M A R Y
Texas Constitution article III, section 52-a and Local Government Code section 380.001 authorize a city to make a loan for a housing project if the project will promote economic development within the meaning of these provisions.
Opinion No. GA-0530
The Honorable Rodney Ellis
Chair, Committee on Government Organization
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Re: Whether article XVI, section 40(b) of the Texas Constitution applies in certain circumstances (RQ-0530-GA)
S U M M A R Y
Whether a particular state employee is a schoolteacher for purposes of article XVI, section 40 of the Texas Constitution depends upon whether the employee is employed to instruct students in a school setting, which may include an athletic facility, as a result of which participants receive credit toward fulfilling their curriculum requirements.
A home-rule municipality may adopt reasonable ordinances delimiting expenses for which the municipality may reimburse city council members consistently with article XVI, section 40(b)(1). To the extent that reimbursement for various expenses constitutes a gift or grant of public funds for purely private purposes, it would contravene article III, section 52 of the Texas Constitution.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200701008
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: March 14, 2007