Attorney General

Request for Opinions

RQ-0669-GA

Requestor:

The Honorable James L. Anderson, Jr.

Aransas County Attorney

301 North Live Oak Street

Rockport, Texas 78382

Re: Whether the appointment of a county court-at-law judge strips a county judge of his powers as "magistrate" (RQ-0669-GA)

Briefs requested by February 29, 2008

RQ-0670-GA

Requestor:

The Honorable Will Hartnett

Chair, Committee on Judiciary

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Whether a rule of the Department of Family and Protective Services conflicts with section 42.041(a), Human Resources Code, which requires a license to operate a child-care facility (RQ-0670-GA)

Briefs requested by March 10, 2008

RQ-0671-GA

Requestor:

The Honorable Richard J. Miller

Bell County Attorney

Post Office Box 1127

Belton, Texas 76513

Re: Whether a county may permit a property owner, for on-site sewage disposal purposes, to combine adjacent tracts of land without the necessity of replatting (RQ-0671-GA)

Briefs requested by March 10, 2008

RQ-0672-GA

Requestor:

Mr. Robert A. Almon

Cameron County Auditor

Post Office Box 3846

Brownsville, Texas 78520

Re: Whether a county's alleged underpayment to indigent health care providers is an unconstitutional debt for purposes of article XI, section 7, of the Texas Constitution (RQ-0672-GA)

Briefs requested by March 13, 2008

RQ-0673-GA

Requestor:

Ms. Kathleen T. Jackson, Chair

Lower Neches Valley Authority

Post Office Box 5117

Beaumont, Texas 77726-5117

Re: Whether members of the board of directors of the Lower Neches Valley Authority may participate in the Authority's health care plan (RQ-0673-GA)

Briefs requested by March 13, 2008

RQ-0674-GA

Requestor:

The Honorable Billy W. Byrd

Upshur County Criminal District Attorney

405 North Titus Street

Gilmer, Texas 75644

Re: Whether a justice of the peace may serve as a court-appointed criminal defense attorney (RQ-0674-GA)

Briefs requested by March 13, 2008

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

TRD-200800823

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 12, 2008


Opinion

Opinion No. GA-0601

The Honorable Keri Roberts

Mills County Attorney

Post Office Box 160

Goldthwaite, Texas 76844

Re: Whether Mills County may fund the Fox Crossing Water District (RQ-0615-GA)

S U M M A R Y

The Fox Crossing Water District (the "District"), a special-law conservation and reclamation district, is authorized to impose taxes and fees and collect other revenues generated by its operations. No statutory provision, however, prohibits the District from funding all its operation and maintenance expenses from other revenues such as grants, gifts, loans, or other revenues received from other sources, including Mills County, Texas (the "County"), if the source can legally provide the funds. But no constitutional provision or statute authorizes the County to pay for all of the District's maintenance and operation expenses.

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

TRD-200800839

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 13, 2007