(ORQ-34)(ID# 122182) June 26, 2001

Mr. Eric M. Bost, Commissioner, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030

RE: Whether cost reports the Texas Department of Human Services receives from nursing facilities that participate in the Medicaid program are available to the public.

SUMMARY: Cost reports submitted to the Texas Department of Human Services by nursing facilities with which the department contracts for Medicaid services must be released to the public pursuant to federal law and may not be withheld under the Texas Public Information Act.

TRD-200103636

Susan Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 27, 2001

Opinion No. JC-0388

The Honorable Bill Ratliff, Lieutenant Governor of Texas, P.O. Box 12068, Austin, Texas 78711-2068

Re: Whether the individual elected to serve as Lieutenant Governor under article III, section 9 of the Texas Constitution is required to serve on the Legislative Redistricting Board established by article III, section 28 (RQ-0388-JC)

S U M M A R Y

The person elected to perform the duties of Lieutenant Governor under the terms of article III, section 9 of the Texas Constitution is required, as one of those constitutional duties, to serve as a member of the Legislative Redistricting Board.

Opinion No. JC-0389

The Honorable Kaye Messer, Donley County Attorney Pro-Tem, 220 South 10th Street, Memphis, Texas 79245

Re: Whether a commissioners court is required to pay the same salary to each of the county's constables (RQ-0337-JC)

S U M M A R Y

The salaries of constables must reflect the duties imposed upon them by statute, even if the sheriff is expected to serve process in a particular constable's precinct. In some cases, the responsibilities of the constable in one precinct of the county are more extensive than those of a constable in another precinct because the first constable has been assigned duties in addition to a constable's statutory duties, or because one precinct has a greater need for law enforcement activities than does another precinct. Under such circumstances, the salaries may vary to reflect those differences in workload, as long as each salary is reasonable. The specific amount that constitutes a reasonable salary for a constable is a fact question within the discretion of the commissioners court, subject to judicial review for abuse of discretion.

Opinion No. JC-0390

Ms. Victoria J.L. Hsu, P.E., Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741

Re: Whether the licensing and registration requirements of the Texas Engineering Practice Act apply to the activities of a federal contractor on a federal enclave and related questions (RQ-0344-JC)

S U M M A R Y

To the extent engineers practice engineering under contracts procured by the federal government pursuant to federal procurement laws and regulations under which the federal government assesses engineers' qualifications, federal law preempts the Texas Engineering Practice Act's licensing and registration requirements. A corporation and its divisions are not required to register with the Texas Board of Professional Engineers and their employees and independent contractors are not required to be licensed by the Board based on engineering performed pursuant to such contracts.

Opinion No. JC-0391

The Honorable J. E. "Buster" Brown, Chair, Committee on Natural Resources, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068

Re: Whether an individual employed by a company that receives all of its revenue from a contract with the State of Texas may be compensated as a director of a municipal utility district (RQ-0351-JC)

S U M M A R Y

An individual employed by a company that receives all of its revenue from a contract with the State of Texas may be compensated as a director of a municipal utility district.

Opinion No. JC-0392

The Honorable Cheryll Mabray, Llano County Attorney, P.O. Box 821, Llano, Texas 78643

Re: Whether, under section 776.019 of the Health and Safety Code, a commissioners court that orders an election to create an emergency services district that will overlap with a rural fire prevention district is limited to ordering an election to authorize the levy of a two percent ad valorem tax (RQ-0352-JC)

S U M M A R Y

In a county with a population of 125,000 or less, see Tex. Health & Safety Code Ann. § 776.003 (Vernon 1992), when a proposed emergency services district will overlap with a rural fire prevention district, the commissioners court is limited to ordering an election to authorize the levy of a tax not to exceed "two cents on each $100 of the taxable value of property taxable by the district," id. § 776.019(a)(2). This limitation does not violate article III, section 48-e of the Texas Constitution.

To the extent that Attorney General Opinion JM-1010 (1989) suggests that article III, section 48-e limits the authority of the legislature to provide for the levy of a tax of less than ten cents, it is overruled

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

TRD-200103656

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 27, 2001

RQ-0389-JC

The Honorable Pat Phelan, Hockley County Attorney, 802 Houston, Suite 211, Levelland, Texas 79336

Re: Proper method of allocating mineral interests between two appraisal districts (Request No. 0389-JC)

Briefs requested by July 14, 2001

RQ-0390-JC

Mr. Terry Julian, Executive Director, Texas Commission on Jail Standards, 300 West 15th Street, Suite 503, Austin, Texas 78711-2985

Re: Whether the Texas Commission on Jail Standards may inspect construction documents relating to the installation of fire sprinklers at a jail facility (Request No. 0390-JC)

Briefs requested by July 21, 2001

RQ-0391-JC

The Honorable Bruce Isaacks, Denton County Criminal District Attorney, 127 North Woodrow Lane, Denton, Texas 76205

Re: Authority of a commissioners court over particular items in a sheriff's budget (Request No. 0391-JC)

Briefs requested by July 21, 2001

RQ-0392-JC

The Honorable Florence Shapiro, Chair, State Affairs Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711

Re: Whether section 4B of the Development Corporation Act of 1979 authorizes the City of Arlington to use post note payment sales tax revenues for any lawful purposes (Request No. 0392-JC)

Briefs requested by July 22, 2001

RQ-0393-JC

Mr. David W. Myers, Executive Director, Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756

Re: Duties of the Board of Evaluation of Interpreters, and related questions (Request No. 0393-JC)

Briefs requested by July 22, 2001

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

TRD-200103655

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 27, 2001