Opinions
Opinion #JC-0027. (RQ-1115).
Request from
the Honorable Ron Lewis, Chair, Energy Resources Committee, Texas House of
Representatives, P.O. Box 2910, Austin, Texas, 78768-2910, regarding Construction
of section 814.1041 of the Government Code, which provides for a "temporary
service retirement option" for certain state employees.
Summary.
Section 814.1041 of the Government
Code provides a temporary service retirement option under the Employees Retirement
System of Texas for employees of certain state agencies whose positions are
eliminated because of privatization or other reductions in workforce. Section
814.1041(b) provides that an employee is eligible to retire and receive a
service retirement annuity if the member's age and service credit, each increased
by three years, would meet the requirements of section 814.104(a) of the
Government Code, the general provision for retirement. Section 814.1041(b)
applies only to an employee who is not eligible to retire under section 814.104(a)
of the Government Code when his or her position is eliminated. The service
annuity of a person who retires under section 814.1041(b) is computed on
the person's accrued service credit increased by three years. The ERS rule
providing that a member of the affected employee class who is not eligible
to retire without the age and service supplement will receive only the minimum
service credit necessary to meet eligibility is inconsistent with the statute
and is therefore invalid.
Opinion #JC-0028. (RQ-1192).
Request from
the Honorable Eddie Lucio, Jr. Chair, Special Committee on Border Affairs,
Texas State Senate, P.O. Box 12068, Austin, Texas, 78711-2068, regarding authority
of the city council of a general-law city to dismiss council meetings for
three successive months.
Summary.
No statute in chapter 22 of the
Local Government Code requires the city council of a Type A city to meet
every month or otherwise establishes a meeting schedule, nor does any provision
of chapter 23 of the Local Government Code establish a meeting schedule for
the city council of a Type B city.
Opinion #JC-0029. (RQ-1168).
Request from
the Honorable Mark Piland Mitchell, County Attorney, 349 Oak Street, Room
206, Colorado City, Texas, 79512, regarding whether the constitutional residency
requirement applies to a deputy county clerk.
Summary.
A deputy county clerk is an employee,
not an officer, and therefore is not subject to the residency requirement
of article XVI, section 14 of the Texas Constitution.
Opinion #JC-0030. (RQ-1217).
Request from
Robert A. Swerdlow, Ph.D., Chairman, Texas Council on Purchasing from People
with Disabilities, P.O. Box 13047, Austin, Texas, 78711-3047, regarding Financial
reporting requirements applicable to Texas Council on Purchasing from People
with Disabilities under section 122.022 of the Human Resources Code.
Summary.
The Texas Council on Purchasing
from People with Disabilities must account on an annual basis for all funds
received and disbursed, from whatever source derived.
TRD-9902078
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: April 7, 1999
RQ-0046.
Request from the Honorable Florence
Shapiro, Chair, State Affairs Committee, Texas State Senate, E1.610, P.O.
Box 12068, Austin, Texas, 78711-2068, regarding authority of a law enforcement
agency to register a parolee who is not required by statute to register as
a sex offender, and related questions. (Request No. 0046-JC)
RQ-0047.
Request from the Honorable Irma
Rangel, Texas House of Representatives , P.O. Box 2910, EN.6, Austin, Texas,
78768-2910, regarding whether a junior college may give funds to a charitable
and educational nonprofit corporation. (Request No. 0047-JC)
RQ-0048.
Request from the Honorable Eddie
Lucio, Jr. Chair, Committee on Border Affairs Texas State Senate P.O. Box
12068, GE.4 Austin, Texas 78711, regarding whether Texas may implement a Grant
Application Revenue Vehicle program in the absence of a constitutional amendment.
(Request No. 0048-JC)
RQ-0049.
Request from the Honorable Judith
Zaffirini, Chair, Committee on Human Services, Texas State Senate, 1E.5, P.O.
Box 12068, Austin, Texas 78711, regarding whether the Texas Department of
Protective and Regulatory Services may rescind a non-expiring waiver to operate
a child care facility. (Request No. 0049-JC)
RQ-0050.
Request from the Honorable Homero
Ramirez, Webb County Attorney, P.O. Box 420268, Laredo, Texas 78042-0268,
regarding effective date of salary increases for county employees. (Request
No. 0050-JC)
RQ-0051.
Request from the Honorable Riley
J. Simpson, 52nd Judicial District, Attorney, P.O. Box 919, Gatesville, Texas,
76528-0919, regarding whether proceeds from general obligation bonds may be
used to fund legal fees for arbitration of construction contracts. (Request
No. 0051-JC)
TRD-9902077
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: April 7, 1999
Requests for Opinions