Opinions
Opinion No. JC-0259.
The Honorable Jeri Yenne, Brazoria County, Criminal District Attorney,
111 East Locust, Suite 408A, Angleton, Texas 77515
Regarding whether a recent amendment to article 42.01, §2 of the Code
of Criminal Procedure precludes a court clerk from preparing a judgment (RQ-0198-JC).
S U M M A R Y.
Article 42.01, §2 of the Code of Criminal Procedure does not preclude
a court clerk from preparing a judgment. However, a court clerk may prepare
a judgment only under the supervision of an attorney. It is for the judge
ordering a court clerk to prepare a judgment to determine which attorney will
supervise the clerk and what that supervision will entail.
Opinion No. JC-0260.
The Honorable Glen Wilson, Parker County, Attorney, One Courthouse Square,
Weatherford, Texas 76086
Regarding whether §232.0015(a) of the Local Government Code permits
a county to except "specific divisions of land" from the subdivision-plat
requirement in §232.001, and related questions (RQ-0200-JC).
S U M M A R Y.
Section 232.0015(a) of the Local Government Code authorizes a county to
"define and classify divisions" to except from the platting requirement particular
subdivisions that would otherwise be subject to the requirement, even though
the exception is not one listed in §232.0015(b) through (k). See Tex.
Loc. Gov't Code Ann. §232.0015 (Vernon Supp. 2000). A division of real
property that is required to be platted under §232.001 and §232.0015
must be platted "regardless of whether [the division] is made by using a metes
and bounds description in a deed of conveyance or in a contract for a deed,
by using a contract of sale or other executory contract to convey, or by using
any other method." Id. §232.001(a-1).
Section 232.009 of the Local Government Code, "Revision of Plat," applies
to real property located outside the corporate limits of any municipality,
but not within the extraterritorial jurisdiction of a municipality with a
population of 1.5 million or more. See id. §232.009. With respect to
a proposed revision of a plat of a subdivision that is subject to §232.009,
a commissioners court must notify, by certified or registered mail, return
receipt requested, each owner of "all or part" of the subdivided tract. See
id. The boundaries of a particular subdivision will be set forth in the recorded
plat.
Opinion No. JC-0261.
William R. Archer III, M.D., Commissioner of Health, Texas Department of
Health, 1100 West 49th Street, Austin, Texas 78756-3199
Regarding whether the salary cap established by §659.0115 of the Government
Code applies to a retired state employee who is reemployed by a state agency
to perform the same services he performed for the agency for the last six
months prior to his retirement, and related questions (RQ-0203-JC).
S U M M A R Y.
A retired state employee who is reemployed by a state agency is subject
to the salary cap set forth in §659.0115 of the Government Code if he
or she is rehired to perform services substantially similar to those he or
she performed for less than the entire twelve month period before retirement.
Section 659.0115 does not cap the salary of a reemployed retiree who performs
"substantially similar" services for less than six months and then transfers
to a position that does not involve "substantially similar" services before
the end of the first six months of reemployment.
Opinion No. JC-0262.
The Honorable Judith Zaffirini, Chair, Human Services Committee, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Regarding whether an area of northeastern Bexar County may be disannexed
from the Alamo Community College District (RQ 0202-JC).
S U M M A R Y.
Because the disannexation of part of a junior college district requires
specific statutory authorization, see Tex. Att'y Gen. Op. No. DM-297 (1994)
at 1, and because none of the statutes authorizing disannexation would appear
to apply to a proposed disannexation of a part of northeastern Bexar County
from the Alamo Community College District, in all reasonable probability no
such disannexation is legally permissible.
For further information, please call (512) 463-2110
TRD-200005384
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 2, 2000
RQ-0256-JC.
The Honorable Ken Armbrister, Chair, Committee on Criminal Justice, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Regarding whether a municipal employee retirement fund constitutes a "fire
fighter or police officer's pension fund" under §143.073, Local Government
Code, for purposes of compensating a firefighter a police officer absent for
an injury or illness related to his line of duty (Request No. 0256-JC).
Briefs requested by August 20, 2000.
RQ-0257-JC.
Mr. Jim Muse, Executive Director, General Services Commission, 1711 San
Jacinto Street, Austin, Texas 78711-3047
Regarding whether "reverse auctions" constitute a permissible method of
conducting competitive bidding by state agencies (Request No. 0257-JC).
Briefs requested by August 20, 2000.
RQ-0258-JC.
The Honorable Tim Curry, Tarrant County Criminal District Attorney, Justice
Center, 401 West Belknap, Fort Worth, Texas 76196-0201.
Regarding whether a person who pleads guilty to a lesser included offense
is entitled to an expunction of his arrest record (Request No. 0258-JC).
RQ-0259-JC.
The Honorable Robert L. Busselman, Karnes County Attorney, 101 North Panna
Maria, Suite 10 Karnes City, Texas 78118
Regarding whether a medical clinic owned by the Karnes County Hospital
District and leased to private physicians is exempt from ad valorem taxation
(Request No. 0259-JC).
Briefs requested by August 28, 2000.
RQ-0260-JC.
The Honorable Ed C. Jones, Angelina County Attorney, P. O. Box 1845, Lufkin,
Texas 75902-1845
Regarding constitutionality of §11.161, Tax Code, which exempts from
ad valorem taxation "implements of husbandry used in the production of timber"
(Request No. 0260-JC).
Briefs requested by August 28, 2000.
TRD-200005368
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 2, 2000
Request for Opinions