Opinions
Opinion No. JC-0399.
The Honorable Jeff Wentworth, Chair, Redistricting Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711-2548, regarding, whether the Llano
County Commissioners Court may delegate its authority over county school lands
to the Board of Trustees of the Llano Independent School District (RQ-0350-JC).
S U M M A R Y.
Pursuant to article VII, section 6 of the Texas Constitution, the Llano
County Commissioners Court is trustee of the county school lands granted by
the state to Llano County for educational purposes, and it has a nondelegable
duty under the constitution to sell or otherwise dispose of the school lands.
The commissioners court may not delegate its authority to sell, lease, or
otherwise dispose of the county school lands to the Llano Independent School
District. Provisions of the Texas Trust Code that are inconsistent with the
constitutionally-mandated role of the commissioners court as trustee of the
county school lands do not apply to the trust in these lands and their proceeds.
Opinion No. JC-0400.
The Honorable Ori T. White, District Attorney, 112th Judicial District,
P.O. Drawer 160, 107 East 4th Street, Fort Stockton, Texas 79735, regarding
whether the Industrial Development Corporation of the City of Sonora may expend
sales and use tax proceeds to fund a "nature/birding center" or a public park
that was not specifically approved by the voters (RQ-0355-JC).
S U M M A R Y.
The Industrial Development Corporation of the City of Sonora, Texas is
not precluded, as a matter of law, from using sales and use tax proceeds for
a "nature/birding center" or a public park project that was not specifically
approved by the voters when they authorized collection of the tax because
it was within the scope of the purposes for which the voters approved the
sales and use tax: The particular tax election ballot language submitted to
the voters indicated that the tax proceeds would be used for projects authorized
by section 4B of the Development Corporation Act of 1979; and, on the date
of the tax election, the statute authorized public park projects. Additionally,
the city published notice of the proposed project as required by section 4B,
and no subsequent voter petition requesting an election on the project was
submitted.
Opinion No. JC-0401.
The Honorable J.E. "Buster" Brown, Chair, Natural Resources Committee,
Texas State Senate, P. O. Box 12068, Austin, Texas 78711-2068, regarding whether
a property owner may, by filing an acknowledged exclusion statement, exclude
the owner's property from the operation of subdivision deed restrictions modified
under chapter 204 of the Property Code (RQ-0358-JC).
S U M M A R Y.
A property owner may not exclude the owner's property from the operation
of subdivision deed restrictions added or modified by a petition initiated
by a property owners' association under chapter 204 of the Property Code by
filing an acknowledged exclusion statement provided for under chapter 201
of the Property Code.
Opinion No. JC-0402.
Mr. Robert J. Huston Chair, Texas Natural Resource Conservation Commission,
P.O. Box 13087 Austin, Texas 78711-3087, regarding whether section 26.179
of the Water Code as amended in 1999 is constitutional (RQ-0363-JC).
S U M M A R Y.
In FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000),
the Texas Supreme Court held that section 26.179 of the Texas Water Code,
as it was enacted in 1995, violated article III, section 1 of the Texas Constitution
because it impermissibly delegated legislative authority to private landowners.
The 1999 amendments to section 26.179 do not affect the Texas Supreme Court's
conclusion that the statute is unconstitutional.
Opinion No. JC-0403.
The Honorable Juan J. Hinojosa Chair, Criminal Jurisprudence Committee,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
whether the office of consolidated school district trustee is an "office of
profit or trust" within the meaning of article XI, section 11 of the Texas
Constitution and related question (RQ-0366-JC).
S U M M A R Y.
The office of trustee of the board of a consolidated school district is
an "office of profit or trust" within the meaning of article XI, section 11
of the Texas Constitution. Thus, a city commissioner who, with more than one
year remaining in a term in excess of two years, announces his or her candidacy
or in fact becomes a candidate for the office of trustee of a consolidated
school district automatically resigns by operation of that article XI, section
11. The city official charged with initiating special elections may act to
hold an election to fill the vacancy immediately upon the first act of the
commissioner that would constitute an automatic resignation under article
XI, section 11, but must do so in time to ensure that the vacancy is filled
within 120 days.
For further information, please call the Opinion
Committee at (512) 463-2110.
TRD-200104537
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 8, 2001
RQ-0405-JC.
The Honorable Yolanda de Leon, Cameron County District Attorney, Cameron
County Courthouse, 974 E. Harrison Street, Brownsville, Texas 78520, regarding
authority of a commissioners court to select a depository that is not yet
operational in the county as of the date of selection (Request No. 0405-JC).
Briefs requested by September 2, 2001.
RQ-0406-JC.
Mr. Robert L. Maxwell, Administrator, Texas State Board of Plumbing Examiners,
929 East 41st Street, Austin, Texas 78765, regarding plumbing codes applicable
to residential dwellings under amendments to article 6243-101, the Plumbing
License Law, and related questions (Request No. 0406-JC).
Briefs requested by September 2, 2001.
RQ-0407-JC.
The Honorable Patrick B. Haggerty, Chair, House Corrections Committee,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 regarding
whether a public hospital may contract exclusively with one medical insurance
provider (Request No.0407-JC).
For further information, please call the Opinion
Committee at (512) 463-2110.
TRD-200104536
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 8, 2001
Request for Opinions