Opinions
Opinion No. JC-0206.
The Honorable Michael P. Fleming, Harris County Attorney, 1019 Congress,
15th Floor Houston, Texas 77002-1700, regarding whether the County Purchasing
Act, Tex. Loc. Gov't Code Ann. §§262.021 - 262.035 (Vernon 1999 &
Supp. 2000), applies to the purchases of a local government corporation created
by a county under subchapter D, chapter 431 of the Transportation Code (RQ-0139-JC).
Summary.
Because §431.101 of the Transportation Code as amended by the Seventy-sixth
Legislature exempts the contracts of a local government corporation from competitive
bidding requirements applicable to the contracts of the local government that
created it, the contracts of a local government corporation created by a county
are not subject to the competitive bidding requirements of the County Purchasing
Act. See Tex. Transp. Code Ann. §431.101(e) (Vernon Supp. 2000) (as added
by Act of May 29, 1999, 76th Leg., R.S., ch. 983, §12, 1999 Tex. Gen.
Laws 3763, 3768).
Opinion No. JC-0207.
Mr. James Nelson, Commissioner of Education, Texas Education Agency, 1701
North Congress Avenue, Austin, Texas 78701-1494, regarding whether a school
district may charge tuition for students attending a prekindergarten program,
and related question (RQ-0107-JC).
Summary.
Unless it has express statutory authority to do so, a school district may
not charge tuition for any student attending a prekindergarten program or
for a student who is not between the ages of five and twenty-two years old.
Opinion No. JC-0208.
The Honorable Michael A. Sheppard, District Attorney, 24th Judicial District,
307 North Gonzales, Cuero, Texas 77954, regarding whether a police officer
who secretly records or broadcasts a suspect's conversation in a police car
violates §16.02 of the Penal Code (RQ-0145-JC).
Summary.
A police officer who secretly records or broadcasts the conversation of
a person seated in a police vehicle does not violate §16.02 of the Penal
Code.
Opinion No. JC-0209.
The Honorable Sonya Letson, Potter County Attorney, 500 South Fillmore,
Room 303, Amarillo, Texas 79101, regarding whether the Potter County Juvenile
Board is authorized to contract with an attorney to represent the Board in
an action brought against it by Potter County and related questions (RQ-0147-JC).
Summary.
The Potter County Juvenile Board is authorized to contract with an attorney
to represent it in litigation. The Juvenile Board may pay its attorney's fees
with funds in the juvenile probation department account in the county treasury
without the approval of the Potter County Commissioners Court.
For further information, please call (512) 463-2110
.
TRD-200002725
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: April 17, 2000
RQ-0215-JC.
Mr. Randall S. James, Commissioner,
Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705-4294,
regarding the authority of an individual designated to handle disposition
arrangements for a decedent to modify the terms of a prepaid funeral benefits
contract, and related questions (Request No. 0215-JC)
Briefs requested by May 13, 2000
RQ-0216-JC.
The Honorable Florence Shapiro,
Chair, State Affairs Committee, Texas State Senate, P.O. Box 12068, 3E.12,
Austin, Texas 78711, regarding the authority of a peace officer to detain
a motorcycle driver for the sole purpose of determining whether the driver
has liability insurance (Request No. 0216-JC).
Briefs requested by May 12, 2000
RQ-0217-JC.
The Honorable Tony Goolsby, Chair,
House Administration Committee, Texas House of Representatives, P.O. Box 2910,
Austin, Texas 78768-2910, regarding whether a municipality must competitively
bid a contract with a temporary day labor agency (Request No. 0217-JC).
Briefs requested by May 11, 2000
TRD-200002764
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: April 19, 2000
Request for Opinions