Opinions
Opinion No. JC-0199.
The Honorable Tim Cone,
Criminal District Attorney, Upshur County, Justice Center, 405 North Titus
Street, Gilmer, Texas 75644, regarding whether a member of the Gilmer Volunteer
Fire Department may simultaneously serve on a city council (RQ-0131-JC).
S U M M A R Y.
Under the terms of the charter
of the City of Gilmer, a member of the Gilmer Volunteer Fire Department is
barred by common-law incompatibility from simultaneously serving as a member
of the city council. Election to the Gilmer City Council operates as ipso
facto resignation from the volunteer fire department.
Opinion No. JC-0200.
The Honorable Cindy
Maria Garner, 349th Judicial, District Attorney, P.O. Box 1076, Crockett,
Texas 75835, regarding whether chapter 110 of the Civil Practice and Remedies
Code exempts a religious post- secondary educational institution from regulation
by the Higher Education Coordinating Board (RQ-0134-JC).
S U M M A R Y.
Chapter 110 of the Civil Practice
and Remedies Code provides that a governmental agency may not substantially
burden a person's free exercise of religion, unless the agency demonstrates
that the burden is in furtherance of a compelling governmental interest and
is the least restrictive means of furthering that interest. Although state
regulation of a religious university that grants degrees as a private postsecondary
educational institution might substantially burden some person's free exercise
of religion, chapter 110 does not exempt the religious university from such
regulation.
Opinion No. JC-0201.
Mr. William H. Kuntz,
Jr., Executive Director, Texas Department of Licensing and Regulation, 920
Colorado, Austin, Texas 78701, regarding whether the Department of Licensing
and Regulation may require applicants for a boxing license to submit to HIV
testing as a condition of licensure (RQ-0137-JC).
S U M M A R Y.
The Department of Licensing
and Regulation may not by rule require that applicants for a professional
boxing license submit to HIV testing as a condition of licensure. If, however,
a boxer's license is suspended in another state solely on the basis of a denial
of physician certification resulting from a positive HIV test, the Department
is required by federal law to uphold that suspension.
Opinion No. JC-0202.
The Honorable Jill Cornelius,
Matagorda County Attorney, 1700 Seventh Street, Room 305, Bay City, Texas,
77414-5034, regarding whether the Port of Bay City Authority of Matagorda
County is authorized to accept the conveyance of certain easements from the
United States Army Corps of Engineers for the purpose of conveying them to
the private property owners whose fee interests are encumbered by the easements
(RQ-0143-JC)
S U M M A R Y.
The Port of Bay City Authority
of Matagorda County, a special purpose district whose powers are limited to
those expressly delegated to it by statute or clearly implied from its express
powers, is not authorized to accept the conveyance of easements from the United
States Army Corps of Engineers for the purpose of conveying them to the private
property owners whose fee interests are encumbered by the easements.
For further information, please call (512) 463-2110
TRD-200002218
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: March 28, 2000
RQ-0196-JC.
The Honorable Joe F. Grubbs,
Ellis County and District Attorney, 101 West Main Street, Waxahachie, Texas
75165, regarding whether a county clerk is required to file a UCC financing
statement where the secured party is the same person named as the debtor (Request
No. 0196-JC).
Briefs requested by April 17, 2000.
RQ-0197-JC.
The Honorable Bob Turner, Chair,
Public Safety Committee, Texas House of Representatives, P.O. Box 2910, Austin,
Texas 78768-2910, regarding the validity of a regulation of the Texas Air
National Guard that relates to "officers lacking in professional qualifications"
(Request No. 0197-JC).
Briefs requested by April
21, 2000.
RQ-0198-JC.
The Honorable Jeri Yenne, Brazoria
County Criminal District Attorney, 111 East Locust, Suite 408A, Angleton,
Texas 77515 , regarding construction of §2 of article 42.01, Code of
Criminal Procedure, which permits the count clerks to prepare a judgment "under
the supervision of an attorney" (Request No. 0198-JC).
Briefs requested by April 17, 2000.
RQ-0199-JC.
The Honorable Russell W. Malm,
Midland County Attorney, 200 West Wall Street, Suite 104, Midland, Texas 79701,
regarding the authority of a sheriff to organize and participate in "STAR"
("Sheriffs of Texas Agreed Response"), a law enforcement tactical response
team (Request No. 0199-JC).
Briefs requested by April
16, 2000.
RQ-0200-JC.
The Honorable Glen Wilson, Parker
County Attorney, One Courthouse Square, Weatherford, Texas 76086, regarding
subdivision plotting requirements under §232.001, Local Government Code
(Request No. 0200-JC).
Briefs requested by April
17, 2000.
RQ-0201-JC.
The Honorable Yvonne Davis, Chair,
Local and Consent Calendar Committee, Texas House of Representatives, P.O.
Box 2910, Austin, Texas 78768-2910, regarding the authority of a certified
real estate appraiser, and related questions (Request No. 0201-JC).
RQ-0202-JC.
The Honorable Judith Zaffirini,
Chair, Human Services Committee, Texas State Senate, P.O. Box 12068, Austin,
Texas 78711-2068, regarding the procedure for a geographical entity to separate
from an existing community college district, and related questions (Request
No. 0202-JC).
Briefs requested by April 20, 2000.
RQ-0203-JC.
The Honorable William R. Archer
III, M.D., Commissioner of Health, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756-3199, regarding the computation of salary restrictions
under §659.0015, Government Code, which relates to retired state employees
who are reemployed, and related questions (Request No. 0203).
Briefs requested by April 20, 2000.
RQ-0204-JC.
Ms. Cathy L Hendricks, ASID/IIDA,
Executive Director, Texas Board of Architectural Examiners, 333 Guadalupe,
Suite 2-350, Austin, Texas 78711-3942, regarding the responsibility for enforcement
of the Professional Services Procurement Act, and related questions (Request
No. 0204-JC).
Briefs requested by April 17, 2000.
RQ-0205-JC.
The Honorable Jane Nelson, Chair,
Health Services Committee, Texas State Senate, P.O. Box 12068, E1.804, Austin,
Texas 78711-2068, regarding whether "strict scrutiny" analysis applies to
a state agency's interference with a parent's right to direct the upbringing
of his or her children (Request No. 0205-JC).
Briefs
requested by April 21, 2000.
For further information, please call 512-463-2110.
TRD-200002209
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: March 27, 2000
Requests for Opinions