Attorney General

Request for Opinion

RQ-0654-GA

Requestor:

The Honorable Kevin Bailey

Chair, Committee on Urban Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Eligibility of particular individuals to sign a zoning change protest under section 211.006(d)(2), Local Government Code (RQ-0654-GA)

Briefs requested by January 31, 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-200800016

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: January 2, 2008


Request for Opinions

RQ-0655-GA

Requestor:

The Honorable Fred Hill

Chair, Committee on Local Government Ways and Means

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Implementation of changes to tax proceedings required by House Bill 1010, Act of May 17, 2007, 80th Leg., R.S., ch. 648, Tex. Gen. Laws 1223, which provides for the consolidation of appraisal districts (RQ-0655-GA)

Briefs requested by January 31, 2008

RQ-0656-GA

Requestor:

The Honorable Jeri Yenne

Brazoria County Criminal District Attorney

County Courthouse

111 East Locust, Ste 513A

Angleton, Texas 77515

Re: Wet/Dry Status of Certain Precincts within Brazoria County (RQ-0656-GA)

Briefs requested by February 4, 2008

RQ-0657-GA

Requestor:

The Honorable Jeb McNew

Montague County Attorney

Montague County Courthouse

Post Office Box 336

Montague, Texas 76251-0336

Re: Whether county officials who handle fee funds may set up individual accounts in their own name (RQ-0657-GA)

Briefs requested by February 4, 2008

RQ-0658-GA

Requestor:

Mr. Robert Scott

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Applicability of impact fees assessed against school district property under chapter 395, Local Government Code (RQ-0658-GA)

Briefs requested by February 4, 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-200800108

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: January 9, 2008


Opinions

Opinion No. GA-0588

The Honorable John R. Roach

Collin County Criminal District Attorney

Collin County Courthouse

210 South McDonald, Suite 324

McKinney, Texas 75069

Re: A law enforcement agency's authority concerning money seized as contraband pending a court's rendition of final judgment (RQ-0595-GA)

S U M M A R Y

Under article 59.03(c)(3) of the Code of Criminal Procedure, a peace officer may require a law enforcement agency to take custody of property, including money, that has been seized as contraband. The law enforcement agency's authority and responsibility to maintain custody under the article, subject to other law, continues until a court directs the property's disposition in a final judgment. The law enforcement agency has reasonable discretion to choose the means of maintaining custody of such property. However, a law enforcement agency does not have independent authority to deposit and maintain money seized as contraband in an interest-bearing account, and may do so only pursuant to court order.

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

TRD-200800109

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: January 9, 2008