ATTORNEY GENERAL
Under provisions set out in the Texas Constitution, the Texas Government Code, 
Title 4,  402.042 and numerous statutes, the attorney general is authorized to 
write advisory opinions for state and local officials. These advisory opinions 
are requested by agencies or officials when they are confronted with unique or 
unusually difficult legal questions. The attorney general also determines, under 
authority of the Texas Open Records Act, whether information requested for 
release from governmental agencies may be held from public disclosure. Requests 
for opinions, opinions, and open record decisions are summarized for publication 
in the Texas Register. The Attorney General responds to many requests for 
opinions and open records decisions with letter opinions. A letter opinion has 
the same force and effect as a formal Attorney General Opinion, and represents 
the opinion of the Attorney General unless and until it is modified or overruled 
by a subsequent letter opinion, a formal Attorney General Opinion, or a decision 
of a court of record. To request copies of opinions, phone (512) 462-0011. To 
inquire about pending requests for opinions, phone (512) 463-2110.

Opinions

DM-402. Concerning whether the Charitable
 Immunity and Liability Act of 1987, Civil Practices and Remedies Code chapter
 84, applies to a resource conservation and development council established
 under 16 U.S.C. chapter 54, subchapter V (RQ-881).


SUMMARY. The purposes of a resource conservation
 and development council, established pursuant to 16 U.S.C. chapter 54, 
subchapter
 V, may be consistent with the purposes a charitable organization must serve
 under Civil Practice and Remedies Code section 84.003(1)(A). Whether, however,
a particular resource conservation and development council, established pursuant
 to 16 U.S.C. chapter 54, subchapter V, is a charitable organization for 
purposes
 of chapter 84 of the Civil Practices and Remedies Code is a question of fact.

DM-403. Concerning whether V.T.C.S. article
 9030, section 2, which limits the liability of an excursion train operator
 to $5,000,000 per occurrence, violates Texas Constitution article I, section
 13 (RQ-878).


SUMMARY.To determine whether V.T.C.S. article
 9030, section 2(a) contravenes article I, section 13 of the Texas Constitution,
a court would apply a two-pronged analysis. The court would consider first
 whether section 2(a) restricts a cognizable common-law right of action. Next,
 the court would consider whether, in light of the purpose and basis of the
 statute, the statute unreasonably or arbitrarily restricts that right. A
 court probably would find that the limitation on liability in V.T.C.S. article
 9030, section 2(a) contravenes article I, section 13 of the Texas Constitution.

DM-404. Concerning whether the Texas Commission
 on Jail Standards has jurisdiction over a prison housing only federal inmates
(RQ-883).


SUMMARY. The Texas Commission on Jail Standards
 has no authority to regulate or inspect a penal and correctional institution
 housing only federal prisoners and detainees.  The terms "county jail" in
 Government Code chapter 511 and "jail" and "detention center" in Local 
Government
 Code chapter 361 do not include a penal and correctional institution housing
 only federal prisoners and detainees.


DM-405. Concerning whether a county salary
 grievance committee may consider an aggrieved elected county officer's 
complaint
 after the start of the county's fiscal year (RQ-826).


SUMMARY. Under section 152.016 of the Local
 Government Code, an aggrieved elected county officer may request a hearing
 before the county's salary grievance committee within five days of receiving
 notice from the county commissioners court of the officer's salary and personal
 expenses for the upcoming budget year. The salary grievance committee must
 meet to consider the grievance within ten days after receiving the request
 for a hearing. A salary grievance committee may not meet after the county
 has filed with the county clerk the final budget for the succeeding fiscal
 year. The salary grievance committee certainly may not meet after the start
 of the fiscal year. Any actions taken by a salary grievance committee at
 an unauthorized meeting are void.  To the extent Attorney General Opinion
 MW-516 (1982) is inconsistent with this opinion, it has been overruled by
 the 1983 amendments to V.T.C.S. article 3912k, codified in part as Local
 Government Code sections 152.013 and 152.016.


DM-406. Concerning whether an independent
 school district board member who resigns may withdraw the resignation before
 his or her successor qualifies for office (RQ-885).


SUMMARY. Article 42.12, section 11 of the
 Code of Criminal Procedure prevails over other statutes requiring a convicted
 defendant to pay certain costs, fees, and fines. Of course, section 19(a)
 of article 42.12 requires the judge to fix a fee to be allocated towards
 the cost of providing facilities, equipment, and utilities for a community
 corrections facility.  Pursuant to article 42.12, section 11(a)(8) of the
 Code of Criminal Procedure, the court with jurisdiction over a convicted
 defendant who is being placed on community supervision may, but need not,
 impose upon the defendant a requirement that the defendant pay court costs
 that are otherwise statutorily required. A trial judge may order that fees
 collected from a defendant placed on community supervision be allocated 
entirely
 for the purposes set forth in article 42.12, section 19. The total amount
 of the fees allocated for the purposes articulated in section 19 may not
 exceed the maximum stated in that section, however. Any amount collected
 that is greater than that permitted in section 19 must be allocated to other
 purposes the judge has found will protect or restore the community, protect
 or restore the victim, or punish, rehabilitate, or reform the defendant.
 Furthermore, the clerk of a sentencing court must allocate the payment made
 by the defendant who is placed on community supervision in accordance with
 the trial judge's order.  Attorney General Opinion MW-184 (1980) is overruled
 to the extent it conflicts with this opinion.


DM-408. Concerning whether Government Code
 section 467.025(a)(5) prohibits a member of the Texas Lottery Commission
 from, in his or her capacity as a private citizen, soliciting contributions
 or advising a contribution to a political candidate and related question
 (RQ-882).


SUMMARY. Government Code section 467.025(a)(5),
 providing that a member of the Texas Lottery Commission may not "directly
 or indirectly coerce, attempt to coerce, command, or advise a person to pay,
 lend, or contribute anything of value to another person for political purposes"
 applies to activities of commissioners both in their official and personal
 capacities. Section 467.025(a)(5) expressly prohibits a commissioner from
 advising a potential donor to contribute to a political cause, and it 
implicitly
 prohibits a commissioner from soliciting a contribution.  A court probably
 would not find section 467.025(a)(5) unconstitutional on its face and as
a matter of law.


TRD-961127

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