TITLE attorney-general

Request for Opinions

Opinion No. JC-0185. Mr. James Nelson, Commissioner of Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas, 78701-1494, regarding whether a permanent substitute teacher who has been employed as such for six months prior to the election of his sister to school district board has been continuously employed for the purpose of §573.062 of the Government Code (RQ-0104-JC)

S U M M A R Y. An individual employed as an uncertified teacher in an at-will employment relationship with a school district may be continuously employed for the purposes of §573.062 of the Government Code. The uncertified teacher must be employed as such for the period of time specified in §573.062 "immediately before the election or appointment of" a public official to whom the permanent substitute is related in third degree by the consanguinity or the second degree of affinity to retain his or her position. An uncertified teacher who has been continuously employed for the period specified in §573.062 also may be promoted to the rank of certified teacher (upon receipt of certification) if the related public official does not participate in the discussion or vote.

Opinion No. JC-0186. Ms. Gay Dodson, R.Ph., Executive Director/Secretary, Texas State Board of Pharmacy, William P. Hobby Building, Suite 3-600, 333 Guadalupe Street, Box 21, Austin, Texas 78701-3942, regarding whether state law permits the use of an automated dispensing machine to dispense prescription drugs at a nursing home (RQ-0121-JC)

S U M M A R Y. The Texas Pharmacy Act, Tex. Occ. Code Ann., tit. 3, subtit. J, chs. 551-566 (Vernon 2000), includes in the definition of "pharmacy" all facilities at which prescription drugs are dispensed and generally requires the licensing of all such facilities. The Act also generally requires licensed pharmacies to operate under the continuous onsite supervision of a pharmacist and does not provide an exception for the type of automated dispensing machine described in your query. Thus, an automated prescription drug dispensing machine, which would dispense prescription drugs without the onsite supervision of a pharmacist, is not permitted under the Act.

Opinion No. JC-0187 The Honorable Jose R. Rodriguez, El Paso County Attorney, County Courthouse, 500 East San Antonio, Room 203, El Paso, Texas 79901, regarding conversion of the City of Socorro to home-rule status (RQ-0124-JC)

S U M M A R Y. The City of Socorro may not amend its charter to obtain the status of a hybrid special-law/home- rule municipality except by complying with chapters 5 and 9 of the Local Government Code.

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

TRD-200001560

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 1, 2000


Office of the Attorney General

Attorney General Request for Opinion

RQ-0173-JC.

Requested by: The Honorable J. E. Buster Brown, Chair, Natural Resource Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding notice of excavations required of underground facility movers by the Underground Facility Damage Prevention Facility and Safety Act (Request No. 0173-JC). Briefs requested by March 11, 2000.

For further information, please call 463-2110

TRD-200001454

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: February 25, 2000


Request for Opinions

RQ-0183-JC. Requested by: The Honorable Homero Ramirez, Webb County Attorney, P.O. Box 420268, 1110 Victoria, Suite 403, Laredo, Texas 78042-0268, regarding whether Webb County may replace a previously existing cattle guard that was removed from a county road. (Request No. 0183-JC) Briefs requested by March 16, 2000.

RQ-0184-JC. Requested by: The Honorable Charles D. Penick, Criminal District Attorney, 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. (Request No. 0184-JC) Briefs requested by March 16, 2000.

RQ-0185-JC. Requested by: Mr. James N. Danford, C.P.A., Parker County Auditor, 1112 Santa Fe Drive, Weatherford, Texas 76086, regarding assignment of county contracting function in the absence of a purchasing agent (Request No. 0185-JC) Briefs requested by March 24, 2000.

RQ-0186-JC. Requested by: The Honorable Tim Curry, Tarrant County Criminal District Attorney, 401 West Belknap Street, Fort Worth, Texas 76196-0201, regarding whether employees of the Tarrant County Supervision and Corrections Department are covered by civil service. (Request No. 0186-JC) Briefs requested by March 24, 2000.

RQ-0187-JC. Requested by: The Honorable Bob Covington, Guadalupe County Attorney, 101 East Court Street, Suite 104, Seguin, Texas 78155, regarding salary and allowance increases for elected officials of Guadalupe County. (Request No. 0187-JC) Briefs requested by March 24, 2000.

For further information, please call 463-2110.

TRD-200001559

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 1, 2000