Attorney General

Request for Opinion

RQ-0653-GA

Requestor:

The Honorable Vicki Truitt

Chair, Committee on Pensions and Investments

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether an educational institution may contract with a third-party administrator that is owned by or otherwise affiliated with a company that sells qualified investment products to the institution's employees (RQ-0653-GA)

Briefs requested by January 25, 2008

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

TRD-200706509

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


Opinions

Opinion No. GA-0585

The Honorable Armando R. Villalobos

Cameron County District Attorney

974 East Harrison Street

Brownsville, Texas 78520

Re: Whether article XI, section 11 of the Texas Constitution prevails over the Harlingen City Charter regarding the filling of vacancies on the city commission (RQ-0594-GA)

S U M M A R Y

Article XI, section 11(b) of the Texas Constitution requires a municipality that has lengthened its non-civil service officers' terms of office to fill a vacancy by majority vote of the qualified voters at a special election. This constitutional requirement prevails over an inconsistent city charter provision.

Opinion No. GA-0586

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 applicants on the basis of residency within the municipality (RQ-0599-GA)

S U M M A R Y

A local civil service commission may not adopt a rule that awards additional points to an applicant on the basis of residency within the municipality.

Opinion No. GA-0587

Mr. Buddy Garcia, Chair

Texas Commission on Environmental Quality

Post Office Box 13087

Austin, Texas 78711-3087

Re: What limitations, if any, the Legislature has imposed on the Texas Commission on Environmental Quality with regard to tax exemption and tax rollback relief for pollution control property (RQ-0635-GA)

S U M M A R Y

Neither section 11.31(k) nor section 26.045(f) of the Tax Code restricts the rule-making authority of the Texas Commission on Environmental Quality to only those pollution control facilities, devices, or methods associated with advanced clean energy projects.

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

TRD-200706571

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 21, 2007