Opinions
Opinion No. JC-0357
The Honorable Kip Averitt Chair, Committee on Financial Institutions, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether section 62.003 of the Property Code, which converts a personal
property lien on a manufactured home to a purchase money lien on real property,
creates a valid purchase money lien against homestead property under article
XVI, section 50 of the Texas Constitution (RQ-0293-JC)
S U M M A R Y
Section 62.003 of the Property Code, which converts a personal property
lien on a manufactured home to a purchase money lien on real property when
the manufactured home is converted to real property, does not create a valid
purchase money lien on homestead property under article XVI, section 50 of
the Texas Constitution.
Opinion No. JC-0358
The Honorable J. E. "Buster" Brown, Chair, Natural Resources Committee,
Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Re: Definition of "presiding magistrate" for probable cause hearing pursuant
to section 574.025, Texas Health and Safety Code (RQ 0296-JC)
S U M M A R Y
The "presiding judge" who may appoint a master in a probable cause hearing
under section 574.025(c) of the Texas Health and Safety Code is the judge
of the court in which an application for court-ordered mental health services
is pending.
Opinion No. JC-0359
The Honorable Ben W. "Bud" Childers, Fort Bend County Attorney, 301 Jackson,
Suite 621, Richmond, Texas 77469-3108
Re: Whether, under section 2256.016 of the Government Code, the Texas Local
Government Investment Pool may calculate the "maximum average dollar-weighted
maturity" of the pool using the reset date of floating rate securities as
opposed to their stated maturity date (RQ-0305-JC)
S U M M A R Y
Section 2256.016(b)(2) of the Government Code requires TexPool to calculate
the "maximum average dollar-weighted maturity" of the pool's portfolio using
floating rate securities' stated maturity dates. TexPool's practice of disclosing
two sets of weighted average maturity data, one using floating rate securities'
reset dates and the other using their stated maturity dates, is consistent
with section 2256.016.
For further information, please call (512) 463-2110
TRD-200101910
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 3, 2001
RQ-0364-JC.
The Honorable Rene O. Oliveira, Chair, Ways and Means Committee, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
authority of the Texas Department of Public Safety to regulate training courses
for off-road dirt biking (Request No. 0364-JC).
Briefs requested by April 29, 2001
RQ-0365-JC.
The Honorable Bill G. Carter, Chair, Urban Affairs Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding expenditure
of funds by a 9-1-1 emergency communications district (Request No. 0365-JC).
Briefs requested by April 30, 2001
RQ-0366-JC.
The Honorable Juan J. Hinojosa, Chair, Criminal Jurisprudence Committee,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
whether a member of a city council automatically resigns his position when
he announces his candidacy for school trustee, and related questions (Request
No. 0366-JC).
Briefs requested by April 30, 2001
For further information, please call (512) 463-2110.
TRD-200101954
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 4, 2001
Request for Opinions