TITLE attorney-general

Opinion No. JC-0245. Requested by The Honorable Homero Ramirez, Webb County Attorney, P.O. Box 420268, Laredo, Texas, 78042-0268, regarding whether Webb County may replace a cattle guard that was removed from a county road. (RQ-0183-JC)

Under §251.009 of the Transportation Code, Webb County may not replace a cattle guard that was removed from a county road.

Opinion No. JC-0246. Requested by The Honorable Charles D. Penick, Criminal District Attorney, Bastrop County, 804 Pecan Street, Bastrop, Texas, 78602, regarding amount of credit for time served in a county jail for failure to pay a fine assessed for a Class C misdemeanor. (RQ-0184-JC)

A defendant who is sentenced to county jail for failure to pay a fine assessed as a result of conviction for a Class C misdemeanor should be credited at a rate of not less than $100 for each day or part of a day served in jail.

Opinion No. JC-0247. Requested by The Honorable Charles S. Brack, Chambers County Attorney, P.O. Box 1200, Anahuac, Texas, 77514, regarding whether a hospital district governed by chapter 286 of the Health and Safety Code may hold an election to increase the maximum tax rate set in its conversion election. (RQ-0189-JC)

A hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to increase the maximum tax rate that the voters approved in an election to convert from a chapter 282 hospital district.

Opinion No. JC-0248. Requested by Mr. Joey Longley, Director, Sunset Advisory Commission, P.O. Box 13066, Austin, Texas, 78711-3066, regarding whether a state agency that is the subject of a public hearing before the Sunset Advisory Commission must post notice under the Open Meetings Act when its members attend the hearing. (RQ-0193-JC)

If a quorum of the members of a governing body of a state agency attends a public hearing held by the Sunset Advisory Commission under the authority of §325.009, Government Code, and one or more of such members testifies, answers questions, or in any other manner furnishes information to the Commission, the agency will itself be found to have held a "meeting" under the Open Meetings Act, and thus be required to post the requisite notice in accordance with the Act's provisions.

Opinion No. JC-0249. Requested by The Honorable Tom O'Connell, Collin County Criminal District Attorney, 210 South McDonald, Suite 324, McKinney, Texas 75069, regarding whether a county court at law judge who seeks the nomination of the executive committee of a political party to be the party's general election candidate for a new office automatically resigns from office by operation of article XVI, §65 of the Texas Constitution. (RQ-0195-JC)

A person who merely seeks a political party's executive committee's nomination to be the party's candidate for a new office in a general election does not announce his or her candidacy or become a candidate in fact in a general, special, or primary election within the meaning of article XVI, §65 of the Texas Constitution and therefore does not trigger the constitutional provision's automatic resignation provision. Attorney General Opinion JM-132 (1984) and Letter Opinion 95-071 are modified.

Opinion No. JC-0250. Requested by The Honorable Bill G. Carter, Chair, House Committee on Urban Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding the proper disposition and use of motor vehicle registration fees allocated to a county. (RQ-0182-JC)

Motor vehicle registration fees allocated to a county must be credited to the county road and bridge fund and the county must use the monies for road and bridge construction, maintenance, and repair as provided by §502.108 of the Transportation Code. See Texas Transportation Code Annotated §§502.102-502.104, and 502.108 (Vernon 1999). Pursuant to §256.007 of the Transportation Code, a county that does not impose a road and bridge tax under article VIII, §9(c) of the Texas Constitution may transfer surplus motor vehicle registration fee monies from the county road and bridge fund to any county fund designated by the commissioners court, including the county general fund, but may use the monies only for purposes authorized by article VIII, §7-a, which include "acquiring rights-of-way, constructing, maintaining, and policing such public roadways, and the administration of such laws as may be prescribed by the Legislature pertaining to the supervision of traffic and safety on such roads." Texas Constitution article VIII, §7-a.

Opinion No. JC-0251. Requested by The Honorable Jeff Wentworth, Chair, Nominations Committee, Texas State Senate P.O. Box 12068, Austin, Texas 78711, concerning whether §681.009, Transportation Code, which relates to designation by a municipality of parking spaces for the disabled, conflicts with the federal Americans with Disabilities Act. (RQ-0191-JC)

As a general matter, §681.009(e) of the Transportation Code provides for two categories of parking spaces for vehicles used by disabled persons. At least half of these spaces are for the exclusive use of vehicles displaying the blue-and-white placards issued to persons with permanent mobility disabilities, and the remaining spaces may be used for vehicles displaying the blue-and-white placard, the red-and-white placard issued to persons with any other permanent or temporary disability, or for vehicles displaying disabled plates issued under §502.253 of the Transportation Code. Where only one parking space in a lot is designated for vehicles transporting disabled persons, no space need be assigned for the exclusive use of vehicles displaying a white on blue shield placard. Section 681.009(e) of the Transportation Code does not conflict with the federal and state guidelines where the guidelines require a parking lot to have only one parking space for the exclusive use of vehicles transporting disabled persons.

Opinion No. JC-0252. Requested by The Honorable Patricia Gray, Chair, Committee on Public Health, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding whether a municipal park board may authorize a hotel under its management and control pursuant to §306.032 of the Local Government Code to offer memberships in the hotel's health and fitness center to non-hotel guests, including local residents (RQ-0194-JC)

A municipal park board may adopt rules authorizing a hotel under its management and control pursuant to §306.032 of the Local Government Code to offer memberships in the hotel's health and fitness center to non-hotel guests, including local residents, provided that this use of the hotel's facilities does not interfere with the hotel or fitness center's statutorily mandated purpose of attracting visitors and tourists to the municipality. We do not address whether such rules would conflict with any preexisting lease agreement.

For further information, please call (512) 463-2110

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: July 12, 2000