Opinions
Opinion No. JC-0318
The Honorable Eugene D. Taylor, Williamson County Attorney, County Courthouse
Annex, Second Floor, 405 Martin Luther King, Box 3, Georgetown, Texas 78626
Re: Whether article XI, section 11 of the Texas Constitution requires a
municipality to fill by special election a vacancy in its governing body arising
from an automatic resignation (RQ-0286-JC)
S U M M A R Y
Article XI, section 11 of the Texas Constitution requires a city that
has extended the terms of its city council members from two to three years
to fill a vacancy resulting from a council member's automatic resignation
by holding a special election within 120 days. Such a vacancy may not be filled
by appointment. A city council member who automatically resigns holds over
in office. A city that fails to hold a special election within 120 days after
the date of the automatic resignation as required by article XI, section 11
may not avoid holding a special election until the holdover's term expires.
Opinion No. JC-0319
The Honorable Michael P. Fleming, Harris County Attorney, 1019 Congress,
15th Floor, Houston, Texas 77002-1700
Re: Whether a county commissioners court may condition acceptance of bids
for county public works project on attendance at a mandatory prebid conference
(RQ-266)
S U M M A R Y
A county commissioners court may not condition acceptance of bids for a
county public works project solicited pursuant to the County Purchasing Act,
Tex. Loc. Gov't Code Ann. ch. 262, subch. C (Vernon 1999 & Supp. 2000),
on attendance at a mandatory prebid conference.
Opinion No. JC-0320
The Honorable Tim Curry, Tarrant County Criminal District Attorney, Tarrant
County Justice Center, 401 West Belknap, Fort Worth, Texas 76196-0201
Re: Whether a person who is sentenced to pay a fine and to deferred adjudication
probation after pleading guilty to a class C misdemeanor in county court is
entitled to an expunction of his arrest record (RQ-0258-JC)
S U M M A R Y
A person who is sentenced to pay a fine and to deferred adjudication probation
in a county criminal court is not entitled to an expunction of his arrest
record under article 55.01 of the Code of Criminal Procedure.
For further information, please call (512) 463-2110
TRD-200009043
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: December 27, 2000
RQ-0323-JC
Mr. Jim Nelson, Commissioner of Education, Texas Education Agency, 1701
North Congress Avenue, Austin, Texas 78701-1494
Re: Appearance of a state agency board before a legislative committee for
purposes of the Open Meetings Act: Clarification of Attorney General Opinion
JC-0308 (Request No. 0323-JC)
Briefs requested by February 2, 2001
For further information, please call (512) 463-2110
TRD-200100045
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: January 3, 2001
RQ-0324-JC
The Honorable James Warren Smith, Jr., Frio County Attorney, 500 East
San Antonio, Box 1, Pearsall, Texas 78061-3100
Re: Payment of accrued vacation time to deputy sheriffs (Request No. 0324-JC)
Briefs requested by January 20, 2001
RQ-0325-JC
The Honorable Clyde Alexander, Chair, Committee on Transportation, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Constitutionality of article 6298, V.T.C.S., which makes it unlawful
for a railroad to use corporate funds to purchase its own stock (Request No.
0325-JC)
Briefs requested by January 20, 2001
RQ-0326-JC
The Honorable Thomas M. Goff, Tom Green County Attorney, 112 West Beauregard,
San Angelo, Texas 76903
Re: Whether a district attorney subject to the Professional Prosecutors
Act may be paid as an Air Force Reserve Officer (Request No. 0326-JC)
Briefs requested by January 19, 2001
RQ-0327-JC
The Honorable Judith Zaffirini, Chair, Human Services Committee, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether a contractual requirement that a superintendent of schools
attend executive sessions of a board of trustees violates the Open Meetings
Act (Request No. 0327-JC)
Briefs requested by January 20, 2001
RQ-0328-JC
Mr. Jere M. Lawrence, Chair, Board of Regents, Texas State Technical College
System, 3801 Campus Drive, Waco, Texas 76705
Re: Authority of the state auditor to audit an educational foundation created
for the benefit of the Texas State Technical College (Request No. 0328-JC)
Briefs requested by January 22, 2001
For further information, please call (512) 463-2110.
TRD-200009042
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: December 27, 2000
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