Opinions
JC-0053 (RQ-0016).
Requested from Ms. Kimberly
K. Edwards, Executive Director, Texas Public Finance Authority, 300 West 15th
Street, Suite 411, P.O. Box 12906, Austin, Texas, 78711-2047, concerning whether
a bond pricing attended by less than a quorum of the Texas Public Finance
Authority Board of Directors constitutes a meeting subject to the Open Meetings
Act.
Summary.
A pricing committee appointed by
Texas Public Finance Authority Board of Directors pursuant to section 3 of
article 717q of the Revised Civil Statutes to act on the Board's behalf in
negotiating a bond sale and executing a bond purchase contract is a governmental
body subject to the Open Meetings Act, Tex. Gov't Code Ann. ch. 551 (Vernon
1994 & Supp. 1999). Because the Act requires a meeting of a governmental
body to be held in a location accessible to the public, it precludes a pricing
committee from meeting in an inaccessible location, such as the office of
an underwriter in another state.
JC-0054 (RQ-0041).
Requested from The Honorable
J. Steven Houston, Brewster County Attorney, P.O. Box 323, Alpine, Texas,
79831, concerning whether the Brewster County Attorney may simultaneously
serve as an attorney for the City of Alpine.
Summary.
A county attorney who is not subject
to the Professional Prosecutors Act, Tex. Gov't Code Ann. ch. 46 (Vernon 1988
& Supp. 1999), may simultaneously serve as an attorney employed at the
will and under the direction of a city council of a city located in the county.
TRD-9903235
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 2, 1999
JC-0055 (RQ-991).
Requested by The Honorable
Michael P. Fleming, Harris County Attorney, 1001 Preston, Suite 634, Houston,
Texas, 77002-1891, concerning whether the Harris County Auditor must audit
the Harris County Department of Education; reconsideration of Letter Opinion
No. 93-83 (1993) concerning reimbursement of county for expense of audit.
Summary.
Pursuant to article 2919g-1, Tex.
Educ. Aux. Laws (Vernon 1999), the Harris County Auditor is required to audit
the books of the Harris County Department of Education. Article III, section
52 of the Texas Constitution does not require the Department to reimburse
the county for the costs of the audit.
JC-0056 (RQ-1147).
The Honorable William
C. "Bill" Sowder, Criminal District Attorney, Lubbock County Courthouse, P.O.
Box 10536, Lubbock, Texas, 79408-3536, concerning whether a constable may
execute service of process to enforce the compulsory school attendance provisions
of the Education Code.
Summary.
A constable may serve legal process
on an individual failing to appear at a truancy hearing. Even though this
duty would generally be performed by the school attendance officer in those
counties that have selected a school attendance officer, it is lawful for
a constable to serve any legal process addressing the compulsory attendance
provisions of the Education Code.
JC-0057 (RQ-1208).
Requested from The Honorable
Joe F. Grubbs, Ellis County and District Attorney, Ellis County Courthouse,
Waxahachie, Texas, 75165-3759, concerning notice requirements applicable to
executive session held to allow a governmental body to consult with its attorney
under section 551.071 of the Government Code.
Summary.
The Open Meetings Act requires a
governmental body to give notice of the subject of its meetings. A governmental
body's consultation with its attorney held in closed session is not exempt
from the requirements of the Act. No judicial decision or attorney general
opinion states that a governmental body must indicate in the notice of the
meeting whether a subject will be discussed in open or closed session. However,
if the notices posted for a governmental body's meetings consistently distinguish
between subjects for public deliberation and subjects for executive session
deliberation, an abrupt departure from this practice may raise a question
as to the adequacy of a notice to inform the public.
JC-0058 (RQ-0031).
Requested by The Honorable
Yolanda de Leon, Cameron County Attorney and Criminal District Attorney, Cameron
County Courthouse, 974 East Harrison Street, Brownsville, Texas, 78520, concerning
the effect of two 1997 amendments to section 34.06(b) of the Tax Code.
Summary.
Amendments to section 34.06(b) adopted
by the Seventy-fifth Legislature in 1997 as Senate Bill 141 and House Bill
3306 cannot be harmonized. Pursuant to the Code Construction Act, House Bill
3306, the later enacted provision, prevails. See Tex. Gov't Code Ann. 311.025(b),
(d) (Vernon 1998).
TRD-9903237
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 2, 1999
Opinions