Opinions
Opinion #JC-0043. (RQ-1174).
Request from
Mr. Charles L. Dunlap, Executive Director, Teacher Retirement System of Texas,
1000 Red River, Austin, Texas 78701, Regarding permissible investments of
Teacher Retirement System and related questions.
Summary.
The Board of Trustees of the Teacher
Retirement System of Texas ("TRS") has authority under article XVI, section
67(a)(3) of the Texas Constitution to invest the funds of the retirement system
"in such securities as the board may consider prudent investments." Tex. Const.
art. XVI, 67(a)(3). In the absence of legislation defining "securities" within
this provision, this term is defined as the authorized investments set out
in chapter 8 of the Texas Business and Commerce Code. The conclusions of Attorney
General Opinion MW-152 (1980) and Letter Opinion No. 94-052, that "securities"
for purposes of TRS investment is defined by the state and federal securities
regulatory statutes, are overruled. However, Attorney General Opinion MW-152
correctly determined that real property is not a security within article XVI,
section 67(a)(3) of the Texas Constitution. The Board of Trustees may seek
advice from outside investment counselors to assist it in making its investment
decisions; the Board may not, however, delegate to external investment managers
its authority to decide in which securities the TRS fund is to be invested.
Opinion #JC-0044. (RQ-1227).
Request from
the Honorable Jack Skeen, Jr., Smith County Criminal District Attorney, 100
North Broadway, Room 304, Tyler, Texas 75702, regarding whether, under the
Texas Code of Criminal Procedure article 11.07, section 3(b), the prosecuting
attorney and court clerk may agree to substitute another method of service
for service by certified mail, return receipt requested.
Summary.
The penultimate sentence of Texas
Code of Criminal Procedure article 11.07, section 3(b), which directs a court
clerk to "send a copy" of an application for writ of habeas corpus to the
appropriate prosecutor "by certified mail, return receipt requested," is mandatory.
The prosecutor may waive service by certified mail, return receipt requested,
however.
TRD-9902739
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: May 12, 1999
RQ-0057.
Request from the Honorable James
W. Carr, Lavaca County Attorney, Box 576, Second Floor Courthouse, Hallettsville,
Texas 77964, regarding authority of a county to borrow funds for road and
bridge construction from the State Infra-structure Bank. (RQ #0057-JC)
RQ-0058.
Request from Ms. Raymie Kana, Colorado
County Auditor, Courthouse, Third Floor, Columbus, Texas 78934, regarding
authority of a county attorney to condition a pretrial diversion agreement
on the payment of money to a nonprofit corporation incorporated by the county
attorney and two assistant county attorneys, and related questions. (Request
#0058-JC)
RQ-0059.
Request from Ms. Alice L. Chapman,
Uvalde County Auditor, Courthouse Plaza #4, Uvalde, Texas 78801, regarding
whether a commissioners court, without a unanimous vote, may close a public
road that is not a through street. (Request #0059-JC)
RQ-0060.
Request from the Honorable Thomas
B. Sehon, Falls County District Attorney, P.O. Box 413, Marlin, Texas 76661,
regarding whether a commissioners court is required to fill a vacancy in the
office of constable, and related question. (Request #0060-JC)
RQ-0061.
Request from the Honorable Bill
G. Carter, Chair, Committee on Urban Affairs, Texas House of Representatives,
P.O. Box 2910, Austin, Texas 78768-2910, regarding authority of a municipality
to impose a cap on the number of building permits it issues. (Request #0061-JC)
RQ-0062
. Request from the Honorable Sherry
L. Robinson, Waller County Criminal District Attorney, 836 Austin Street,
Suite 105, Hempstead, Texas 77445, regarding authority of a County judge to
act as a bondsman or attorney, and related questions. (Request #0062-JC)
RQ-0063.
Request from the Honorable Jack
Skeen, Jr., Smith County Criminal District Attorney, 100 North Broadway, Tyler,
Texas 75702, regarding whether a committee appointed by a commissioners court
to recommend the employment of an architect is subject to the Open Meetings
Act. (Request #0063-JC)
TRD-9902740
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: May 12, 1999
Requests for Opinions