Attorney General

Request for Opinions

RQ-0684-GA

Requestor:

The Honorable Susan Combs

Comptroller of Public Accounts

Post Office Box 13528

Austin, Texas 78711-3528

Re: Whether an applicant who has a leasehold interest in "qualified property" is eligible to apply for a limitation on the appraised value of the qualified property (RQ-0684-GA)

Briefs requested by April 11, 2008

RQ-0685-GA

Requestor:

The Honorable Jeri Yenne

Brazoria County Criminal District Attorney

County Courthouse

111 East Locust, Suite 408A

Angleton, Texas 77515-4676

Re: Whether a municipal court has jurisdiction to hear "dangerous dog" determination appeals and compliance hearings (RQ-0685-GA)

Briefs requested by April 14, 2008

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

TRD-200801515

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: March 19, 2008


Opinions

Opinion No. GA-0606

The Honorable Jeff Wentworth

Chair, Committee on Jurisprudence

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether the criminal trespass provisions of section 30.05 of the Penal Code apply to recreational vehicle parks (RQ-0621-GA)

S U M M A R Y

Property used as an RV park is "property" where criminal trespass may occur. Whether a particular person has committed criminal trespass on such property depends on the circumstances and the effect to be given to any agreement with the owner of the property concerning the person's rights of entry or presence on the property.

Opinion No. GA-0607

The Honorable Jeri Yenne

Brazoria County Criminal District Attorney

111 East Locust, Suite 408A

Angleton, Texas 77515

Re: Whether Senate Bill 1161 (2007) and House Bill 2884 (2007), both of which amended Education Code section 25.0951, can be harmonized (RQ-0625-GA)

S U M M A R Y

Because they can be harmonized, both of the enactments adopted by the Eightieth Legislature amending Education Code section 25.0951(a) are effective. Compare Act of May 25, 2007, 80th Leg., R.S., ch. 908, §31, 2007 Tex. Gen. Laws 2274, 2288, with Act of May 23, 2007, 80th Leg., R.S., ch. 984, §1, 2007 Tex. Gen. Laws 3457, 3457-58. Consequently, section 25.0951(a) requires a school district, within ten school days of the student's tenth absence, to file a complaint against or to refer to juvenile court a student who fails to attend school without excuse for at least ten days or parts of days within a six-month period.

If the school district files an untimely complaint or referral, it may file a new complaint that lists some of the absences named in the dismissed complaint in addition to a subsequent, previously unlisted unexcused absence. The new complaint must be filed within ten days of the tenth absence listed in the new complaint.

Opinion No. GA-0608

The Honorable Susan D. Reed

Bexar County Criminal District Attorney

Cadena-Reeves Justice Center

300 Dolorosa, Fifth Floor

San Antonio, Texas 78205-3030

Re: Whether article 2.122(a)(6) of the Code of Criminal Procedure, which grants certain state felony law enforcement authority to inspectors of the United States Postal Service, applies to inspectors of both the United States Postal Inspection Service and the United States Postal Service, Office of Inspector General (RQ-0628-GA)

S U M M A R Y

Article 2.122(a)(6) of the Texas Code of Criminal Procedure grants certain state powers of arrest, search, and seizure to inspectors of the United States Postal Inspection Service and to inspectors of the United States Postal Service, Office of the Inspector General.

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

TRD-200801496

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: March 18, 2008