Attorney General

Requests for Opinion

RQ-0585-GA

Requestor:

The Honorable John R. Roach

Criminal District Attorney

Collin County Courthouse

210 S. McDonald, Suite 324

McKinney, Texas 75069

Re: Validity of a local bail bond board rule that extends the license expiration dates established by section 1704.162, Local Government Code (RQ-0585-GA)

Briefs requested by June 4, 2007

RQ-0586-GA

Requestor:

The Honorable Rodney Ellis

Chair, Committee on Government Organization

Texas State Senate

Post Office Box 12068

Austin, Texas 78711

Re: Whether a state agency denies "meaningful access" to state services if it fails to provide non-smoking facilities for the sale of lottery tickets by contractors (RQ-0586-GA)

Briefs requested by June 8, 2007

RQ-0587-GA

Requestor:

The Honorable Mike Jackson

Chair, Committee on Nominations

Texas State Senate

Post Office Box 12068

Austin, Texas 78711

Re: Assessment and collection of impact fees for land platted after June 20, 1987 (RQ-0587-GA)

Briefs requested by June 8, 2007

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

TRD-200701785

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: May 9, 2007


Opinions

Opinion No. GA-0544

The Honorable Mike Stafford

Harris County Attorney

1019 Congress, 15th Floor

Houston, Texas 77002

Re: Whether a county medical examiner is authorized to recoup costs incurred when the medical examiner permits a tissue procurement organization to remove tissue using the medical examiner's facility and resources under section 693.002(b), Health and Safety Code (RQ-0545-GA)

S U M M A R Y

A county medical examiner is not authorized to obtain reimbursement from a tissue procurement organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources to remove tissue under section 693.002(b), Health and Safety Code.

Opinion No. GA-0545

The Honorable James H. Owen

Henderson County Attorney

100 East Tyler Street, Room 100

Athens, Texas 75751

Re: Whether district judges may authorize a county auditor to retain outside legal counsel for the purpose of responding to requests under the Public Information Act (RQ-0550-GA)

S U M M A R Y

The County Attorney of Henderson County has no exclusive duty to represent Henderson County in all civil legal matters. Thus, the County Auditor's retention of outside legal counsel did not improperly impinge on an exclusive duty of the County Attorney. The question as to whether any claim for payment of the legal services was "incurred as provided by law" under section 113.065 of the Local Government Code requires an examination of facts and circumstances that the opinion process cannot address.

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

TRD-200701786

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: May 9, 2007