Opinions
JC-0037 (RQ-870).
Requested from The Honorable
Ken Armbrister, Chair, Criminal Justice Committee, Texas State Senate, P.O.
Box 12068, Austin, Texas, 78711, and The Honorable Bill Ratliff Chair, Finance
Committee, Texas State Senate, P.O. Box 12068, Austin, Texas, 78711, concerning
how a school district should determine that a design/build contract will provide
the school district with the best value for purposes of Education Code section
44.031(a), and related questions.
Summary.
Under section 44.031 of the Education
Code, a school district may establish by rule a procedure to select the one
purchasing method, of the eight listed in that subsection, that will provide
the best value to the school district. The district should use the procedure
it adopts to determine when a design/build contract will provide it with the
best value. When a district determines that a design/build contract will provide
the best value to a school district, the district must award the contract
in accordance with both section 44.036 of the Education Code and section 2254.004(a)
of the Government Code. Attorney General Opinion DM-387 (1996) has been superseded
to the extent it is inconsistent with section 44.040 of the Education Code.
With respect to a contract to construct, rehabilitate, alter, or repair a
facility, a school district may, but is not required to, competitively bid
the contract. If it competitively bids the contract, the school district must
comply with all provisions of the competitive bidding statutes in chapter
271, subchapter B of the Local Government Code except sections 271.024, 271.025,
and 271.027(b). An interlocal contract executed on behalf of a school district
need not be awarded on the basis of competitive procurement methods unless
the school district requires it. A school district may use the cooperative
purchasing method, provided in chapter 271, subchapter D of the Local Government
Code, to purchase items. Contracts made through a cooperative purchasing program
are deemed to comply with state laws requiring competitive bidding so that
a school district need not undertake separate competitive purchasing procedures.
JC-0038 (RQ-524).
Requested from The Honorable
Elton Bomer, Secretary of State of Texas, P.O. Box 12697, Austin, Texas, 78711-2697,
concerning authority of the Secretary of State to adopt rules restricting
use of state funds for voter registration under chapter 19 of the Election
Code.
Summary.
The Secretary of State has authority
to adopt rules prohibiting the use of state funds made available under chapter
19 of the Election Code to pay costs associated with the normal operations
of the county voter registrar's office.
JC-0039 (RQ-0048).
Requested from The Honorable
Eddie Lucio, Jr., Chair, Special Committee on Border Affairs, Texas State
Senate, P.O. Box 12068, Austin, Texas, 78711-2068, concerning whether Texas
may implement a Grant Application Revenue Vehicle program in the absence of
a constitutional amendment.
Summary.
The amendment of the Texas Constitution
specifically to permit federal highway reimbursements to be used for paying
debt service on Grant Anticipation Revenue Vehicle ("GARVEE") bonds would
be more prudent than the issuance of such bonds with merely statutory authorization.
JC-0040 (RQ-888).
Requested from Mr. Eric
M. Bost, Commissioner, Texas Department of Human Services, P.O. Box 149030,
Austin, Texas, 78714-9030, concerning use of annual leave by employees receiving
workers' compensation benefits.
Summary.
The Department of Human Services
may not deny the use of annual leave to employees receiving workers' compensation
benefits, including employees who are on leave under the federal Family Medical
Leave Act. The Department may not limit annual leave for employees receiving
workers' compensation benefits to an amount that, added to the workers' compensation
benefits, will total 100 percent of the employee's salary. Such offsets against
workers' compensation payments are not permissible unless expressly authorized
by statute.
JC-0041 (RQ-1224).
Requested from D. C. "Jim"
Dozier, J.D., Ph.D., Executive Director, Texas Commission on Law Enforcement
Officer Standards and Education, 6330 U.S. Highway 290 East, Suite 200, Austin,
Texas, 78723, concerning whether section 141.065 of the Human Resources Code
prohibits a peace officer from simultaneously serving as a juvenile probation
officer.
Summary.
Section 141.065 of the Human Resources
Code prohibits a "peace officer," as defined by article 2.12 of the Code of
Criminal Procedure, or other law, from simultaneously serving as a juvenile
probation officer. It does not prohibit a mere licensee of the Texas Commission
on Law Enforcement Officer Standards and Education from serving as a juvenile
probation officer.
JC-0042 (RQ-1056).
Requested from Ms. Suzanne
N. Bauer, Hopkins County Auditor, P.O. Box 288, Sulphur Springs, Texas, 75483,
concerning whether a prosecutor may defer prosecution of a violation of the
law contingent upon the offender's donation of money to a governmental or
nonprofit organization, and related questions.
Summary.
A prosecutor, such as the Hopkins
County Attorney, may not enter into an agreement with an offender whereby
the prosecutor will "defer" prosecution in exchange for the offender's agreement
to contribute money to an organization of the prosecutor's choice.
TRD-9902656
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: May 5, 1999
RQ-0055.
Requested from Jose R. Rodriguez,
El Paso County Attorney, 500 East San Antonio, Room 203, El Paso, Texas, 79901,
concerning constitutionality of an "Early Exit" Plan for School District Employees,
and related questions.
RQ-0056.
Requested from The Honorable Barry
Belford, Chair, Committee on Calendars, Texas House of Representatives, P.O.
Box 2910, GW.12, Austin, Texas, 78768-2910 concerning authority of a school
district to participate in a "Texas Safe Sports Week".
TRD-9902657
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: May 5, 1999
Request for Opinions