Attorney General

Request for Opinions

RQ-0806-GA

Requestor:

Mr. Robert Scott

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Eligibility for employment of a former member of a school district board of trustees under section 11.063 of the Education Code (RQ-0806-GA)

Briefs requested by July 17, 2009

RQ-0807-GA

Requestor:

The Honorable H. Michael Bartley

Delta County Attorney

Post Office Box 462

Cooper, Texas 75432

Re: Whether a passenger who is not a county employee may be transported in a county vehicle (RQ-0807-GA)

Briefs requested by July 20, 2009

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

TRD-200902587

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 24, 2009


Opinions

Opinion No. GA-0721

The Honorable Jim Pitts

Chair, Committee on Appropriations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the Hall County Hospital District may contribute funds for the construction of a building to house emergency service vehicles operated by the City of Turkey (RQ-0772-GA)

S U M M A R Y

The Hall County Hospital District has express authority to provide for the operation of a mobile emergency medical service. The District's board of directors has the discretion to determine in the first instance whether an expenditure of District funds to construct a building to house the City of Turkey's emergency service vehicle is necessary to provide for the operation of a mobile emergency medical service and whether such an expenditure comports with the requirements of article III, section 52(a) of the Texas Constitution.

Opinion No. GA-0722

The Honorable Jim Pitts

Chair, Committee on Appropriations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the phrase "cut of a county road" in Local Government Code section 240.907 includes boring under the road (RQ-0776-GA)

S U M M A R Y

Texas Local Government Code section 240.907 authorizes counties to impose a fee not to exceed $500 on a person or entity for each cut of a county road during or as an incident to the installation, maintenance, or repair of a person's or entity's facilities or properties. A county may impose the section 240.907 fee for the activities of excavating or cutting the surface of a county road but not for activities that bore or tunnel under a county road without cutting the road surface.

Opinion No. GA-0723

The Honorable Hope Andrade

Texas Secretary of State

Post Office Box 13697

Austin, Texas 78711-3697

Re: Whether a private employer may limit the notarial acts performed by an employee who is a notary public (RQ-0779-GA)

S U M M A R Y

A notary public is an appointed public officer for limited purposes. A private employer may limit or prohibit an employee who is a notary public from performing notarial acts during employment hours.

Because a commission is issued to an individual notary, the notary's private employer may not take possession of or transfer the notary's book and seal after the notary leaves employment. The secretary of state may adopt rules to specify the details of the disposition of a notary's book and seal.

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

TRD-200902588

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 24, 2009