TITLE attorney-general

Opinion No. JC-0165. The Honorable Jose R. Rodriguez, El Paso County Attorney, 500 East San Antonio, Room 203, El Paso, Texas 79901, Re: Constitutionality of "early exit" plan for school district employees, and related questions (RQ-0055-JC)

Summary. An independent school district's "early exit" plan for school district employees, whereby certain employees of the district receive payments from the district in return for leaving employment and other agreements, is not an unconstitutional gratuity if participating employees provide consideration to the district for payments under the plan. Such a plan may be authorized by sections 11.163 and 45.105 of the Education Code.

Opinion No. JC-0166. Ms. Patty J. Williams, Board Chair, Texas Automobile Theft Prevention Authority, 200 East Riverside Drive, Austin, Texas 78704, Re: Whether the Texas Automobile Theft Prevention Authority may by rule exempt single interest insurance policies from the fee imposed by article 4413(37), section 10(b) of the Texas Revised Civil Statutes (RQ-0087-JC)

Summary. The Texas Automobile Theft Prevention Authority may not by rule exempt single interest insurance policies from the assessment of a fee mandated by article 4413(37), section 10(b) of the Texas Revised Civil Statutes.

Opinion No. JC-0167. The Honorable Glen Wilson, Parker County Attorney, One Courthouse Square, Weatherford, Texas 76086, Re: Whether the Parker County Commissioners Court is authorized to appoint a purchasing agent or procurement officer pursuant to section 262.001 of the Local Government Code and related questions (RQ-0146-JC)

Summary. In Parker County a purchasing agent must be appointed by a board consisting of the district judge and the county judge. See Tex. Loc. Gov't Code Ann. 262.011(a) (Vernon Supp. 2000). The Parker County Commissioners Court lacks authority to appoint or employ a purchasing agent, agent of contracts, or procurement officer.

A closed session held by a commissioners court under section 551.074 of the Texas Open Meetings Act, Tex. Gov't Code Ann. ch. 551 (Vernon 1994 & Supp. 2000), to discuss the appointment of a county purchasing agent does not violate the Act as a matter of law merely because the commissioners court lacks ultimate authority with respect to the personnel matter.

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: January 19, 2000