Opinion No. JC-0173. The Honorable David M. Motley, Kerr County Attorney, County Courthouse, Suite BA-103, 700 Main Street, Kerrville, Texas 78028, regarding whether fines assessed and collected pursuant to an order modifying the terms of community supervision should be deposited with the county clerk or with the county community supervision and corrections departmen. (RQ-0086-JC)

S U M M A R Y. Article 42.12, §22(d) of the Code of Criminal Procedure provides that money received from an increase in a defendant's fine pursuant to a modification of the terms of the defendant's community supervision must be deposited in a special fund in the county treasury to be used by the county community supervision and corrections department. An "increase in a defendant's fine" for purposes of article 42.12, §22(d), of the Code of Criminal Procedure means an increase in the total original fine, including the probated and unprobated portions of the fine, assessed against the defendant when the defendant was sentenced and placed on community supervision.

Opinion No. JC-0174. Mr. Brett Bray, Division Director, Motor Vehicle Board, Texas Department of Transportation, 200 East Riverside Drive, Building 150, Austin, Texas 78768-2293, regarding whether a promotional contest that requires entrants to take a "test drive" constitutes a lottery under Texas law. (RQ-0106-JC)

S U M M A R Y. An automobile dealer's promotional contest that requires an entrant to participate in a test drive as a condition of entry does not constitute a lottery under §47.03 of the Penal Code.

Opinion No. JC-0175. The Honorable James Warren Smith, Jr., Frio County Attorney, 500 East San Antonio Street, Box 1, Pearsall, Texas 78061-3100, regarding whether a county may stripe and install speed bumps on county roads, and related questions. (RQ-0112-JC)

S U M M A R Y. A county may lay center stripes on county roads in accordance with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, 1980 edition, as amended by Revision Number 6 (the "Manual"). A county may install a speed bump on a county road if it has received permission to do so from the Texas Department of Transportation.

A county may lay a center stripe or place a speed bump on a portion of county road that is located within a municipality in accordance with the Manual if the county determines that the center stripe or speed bump is an "improvement" to the road and if the municipal governing body approves. A county may enforce violations of a center stripe or of a speed limit.

Opinion No. JC-0176. The Honorable Eddie Lucio, Jr., Chair, Committee on Border Affairs, Texas State Senate, P.O. Box 12068, GE.4, Austin, Texas 78711, regarding whether a district clerk may deliver juror checks. (RQ-0153-JC)

S U M M A R Y. The duty to deliver juror-reimbursement checks is a core function of the county treasurer and must be performed by the treasurer. A county commissioners court may not reassign the duty to a district clerk.

Opinion No. JC-0177. The Honorable Eddie Lucio, Jr., Chair, Committee on Border Affairs, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, whether the term "national park" as used in article 2.122, Code of Criminal Procedure, refers to any and all units of National Park System. (RQ-0101-JC)

S U M M A R Y. Article 2.122(d), Code of Criminal Procedure, as enacted by Senate Bill 965, 76th Legislature, 1999, is a grant of the powers of arrest, search, and seizure to enforce Texas law to commissioned National Park Service law enforcement officers within the boundaries of any and all units of the National Park System, however denominated, in this state.

Opinion No. JC-0178. The Honorable Bill Hill, Dallas County District Attorney, Civil Section, Administration Building, 411 Elm Street, Dallas, Texas 75202, regarding the validity of a rider that allocates monies from the emergency medical services and trauma care system fund of the Texas Department of Health. (RQ-0132-JC)

S U M M A R Y. Rider 61 (§61) to the appropriation for the Department of Health in the General Appropriations Act for the 2000-01 biennium attempts to amend general law and therefore contravenes article III, §35 of the Texas Constitution.

Opinion No. JC-0179. The Honorable Tim Curry, Tarrant County Criminal District Attorney, 401 West Belknap Street, Fort Worth, Texas 76196-0201, regarding whether the Tarrant Regional Water District may lease to a private telecommunications carrier excess capacity in a fiber-optics cable installed to operate the Water District's pipeline, and related questions. (RQ-0115-JC)

S U M M A R Y. Whether a particular easement encompasses an easement to install fiber-optics cable to operate a water pipeline or the authority to lease excess fiber-optics cable capacity is a question of fact. Section 49.225 of the Water Code does not, as a matter of law, preclude the Tarrant County Regional Water District from leasing excess fiber-optics cable capacity to a telecommunications company. So long as the Water District receives from the telecommunications company adequate compensation for the use of the fiber-optics cable capacity, the lease does not constitute an unconstitutional private grant of public property.

Opinion No. JC-0180. The Honorable J.E. "Buster" Brown, Chair, Natural Resources Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding whether §21.055 of the Tax Code, which governs the taxation of certain business aircraft used outside this state, applies to the assessment of taxes in tax years 1995 through 1999. (RQ-0136-JC)

S U M M A R Y. Section 21.055 of the Tax Code, which became effective June 18, 1999, applies to the taxation of business aircraft in the 1999 tax year, but not in tax years 1995 through 1998.

For further information, please call Andrea Younger at (512) 463-2110.

TRD-200001222

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: February 16, 2000