RQ-0784-GA
Requestor:
The Honorable Tom Maness
Jefferson County Criminal District Attorney
Jefferson County Courthouse
1001 Pearl Street-3rd Floor
Beaumont, Texas 77701-3545
Re: Calculation of maximum time allowable for tax abatement under section 312.204, Tax Code (RQ-0784-GA)
Briefs requested by March 30, 2009
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200900926
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: March 4, 2009
Opinion No. GA-0694
The Honorable Roy L. Cordes, Jr.
Fort Bend County Attorney
301 Jackson Street, Suite 728
Richmond, Texas 77469-3108
Re: Whether a county must consider longevity pay when determining a statutory county court judge's salary under Government Code section 25.0005(a) (RQ-0731-GA)
S U M M A R Y
Based on the plain language of the statute, a county may, but is not required to, consider the amount of longevity pay received by some but not all district judges in the county when determining the salary for a statutory county court judge in accordance with Government Code section 25.0005(a).
Opinion No. GA-0695
The Honorable Frank J. Corte, Jr.
Chair, Committee on Defense and Veterans' Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re Constitutionality of proposed legislation that would provide for the suspension or revocation of the business license of employers of undocumented aliens (RQ-0732-GA)
S U M M A R Y
If the Texas Legislature were to enact a statewide licensing statute that closely tracks the Legal Arizona Workers Act, and the Fifth Circuit Court of Appeals were to adopt the reasoning of the Ninth Circuit Court of Appeals, such a statute would be upheld on the grounds that, as a licensing statute, it is within the exception to the Federal Immigration Reform and Control Act of 1986.
Opinion No. GA-0696
The Honorable Armando R. Villalobos
Cameron County District Attorney
Cameron County Courthouse
Post Office Box 2299
Brownsville, Texas 78522-2299
Re: Duties and compensation of foreign-language interpreters appointed under Code of Criminal Procedure article 38.30 (RQ-0739-GA)
S U M M A R Y
Foreign language interpreters appointed pursuant to Code of Criminal Procedure article 38.30 in a criminal proceeding are required to interpret for a witness or the person charged. They are not required to perform translation work for the district attorney in preparation for a criminal proceeding, and their compensation under article 38.30 does not cover such work. The commissioners court has authority to prepare the county budget, but it can be enjoined from adopting a budget that fails to provide essential funding for a prosecuting attorney's office.
Opinion No. GA-0697
Mr. Robert Scott
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Authority of a home rule city to enforce land development regulations against an independent school district for the purposes of aesthetics and the maintenance of property values (RQ-0741-GA)
S U M M A R Y
A home rule city may enforce its reasonable land development regulations and ordinances against an independent school district for the purposes of aesthetics and the maintenance of property values.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200900922
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: March 3, 2009