RQ-0731-GA
Requestor:
The Honorable Roy L. Cordes, Jr.
Fort Bend County Attorney
301 Jackson Street, Suite 728
Richmond, Texas 77469-3108
Re: Formula by which a commissioners court must set the salary of a statutory county court judge (RQ-0731-GA)
Briefs requested by September 15, 2008
RQ-0732-GA
Requestor:
The Honorable Frank J. Corte, Jr.
Chair, Defense Affairs and State-Federal Relations
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Constitutionality of proposed legislation that would provide for the suspension or revocation of the business license of employers of undocumented persons (RQ-0732-GA)
Briefs requested by September 15, 2008
RQ-0733-GA
Requestor:
The Honorable Frank J. Corte, Jr.
Chair, Defense Affairs and State-Federal Relations
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Authority of the Legislature to prohibit local governmental entities from serving as "sanctuaries" for undocumented persons (RQ-0733-GA)
Briefs requested by September 18, 2008
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200804499
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 20, 2008
Opinion No. GA-0653
The Honorable Florence Shapiro
Chair, Committee on Education
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Re: Validity of collecting a Regional Transportation Authority's sales and use tax at different levels in separate subregions (RQ-0677-GA)
S U M M A R Y
Texas Constitution, Article VIII, section 1(a) requires that all taxation be equal and uniform. Article VIII, section 1(a) authorizes the classification of persons and property for taxation when the tax classification is not unreasonable, arbitrary, or capricious and when the tax operates equally on all persons or property within the class.
Chapter 452 of the Transportation Code authorizes a Regional Transportation Authority ("RTA") consisting of more than one subregion to collect a sales and use tax at different rates in the different subregions. For any RTA organized under chapter 452 that has more than one subregion and that collects the sales and use tax at different rates from the different subregions, the difference in tax rates could be upheld under article VIII, section 1(a) if the tax falls equally on people and property within each subregion and the different tax treatment by each subregion is reasonable.
Opinion No. GA-0654
The Honorable Tony Goolsby
Chair, Committee on Administration
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether the holder of a rehabilitation permit from the Parks and Wildlife Department is exempt from the application of section 822.102(a)(5) of the Health and Safety Code with regard to dangerous wild animals not covered by the permit (RQ-0679-GA)
S U M M A R Y
The holder of a rehabilitation permit from the Texas Parks and Wildlife Department is not exempt from the application of section 822.102(5) of the Health and Safety Code with respect to animals not covered by that permit, i.e., those animals that are not indigenous to Texas.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200804504
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 20, 2008