Open Records Decision
Open Records Decision No. 673
(ORQ-55)(ID#
139312) March 19, 2001
No Requestor. Issued under authority of section 552.011, Tex. Gov't. Code.
RE
: Which attorney general decisions are
"previous determinations" and which are not? When can a court decision function
as a previous determination? When does a previous determination expire or
become invalid? To which documents does a previous determination apply? To
which governmental bodies does a previous determination apply? What is the
result if a governmental body does not seek an attorney general ruling because
it believes that it has a previous determination, but; in fact, the governmental
body does not have a previous determination?
SUMMARY
: The term "previous determination"
under section 552.301(a) of the Government Code means only one of two types
of attorney general decisions. So long as the law, the facts, and the circumstances
on which the ruling was based have not changed, the first type of previous
determination exists where requested information is precisely the same information
as was addressed in a prior attorney general ruling, the ruling is addressed
to the same governmental body, and the ruling concludes that the information
is or is not excepted from disclosure. The second type is an attorney general
decision which may be relied upon so long as the elements of law, fact, and
circumstances are met to support the previous decision's conclusion, the
decision concludes that a specific, clearly delineated category of information
is or is not excepted from disclosure, and the decision explicitly provides
that the governmental body or type of governmental body from which the information
is requested, in response to future requests, is not required to seek a decision
from the attorney general in order to withhold the information.
TRD-200101608
Susan Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 21, 2001
Opinion No. JC-0353
Mr. Charles W. Heald, P.E. Executive Director Texas Department of Transportation
125 East 11th Street Austin, Texas 78701-2483
Re: Whether state highway revenues may be invested in a toll road project
without a requirement for repayment (RQ-0319-JC)
S U M M A R Y
Absent an amendment to article III, section 52-b of the Texas Constitution,
the Texas Department of Transportation may not provide the Texas Turnpike
Authority with funds for the costs of turnpikes, toll bridges, or toll roads
without requiring the repayment of such funds from tolls or other turnpike
revenue.
Opinion No. JC-0354
The Honorable Ron Lewis Chair, Committee on Energy Resources Texas House
of Representatives P.O. Box 2910 Austin, Texas 78768-2910
Re: Whether the Port of Port Arthur Navigation District may adopt a policy
limiting the number of years it will consent to allow an existing loading
and unloading contract to automatically renew to five (RQ-0298-JC)
S U M M A R Y
The Port of Port Arthur Navigation District may adopt a policy limiting
to five the number of years it will permit a contract for loading and unloading
services automatically to renew, assuming that the policy does not contravene
any restrictions or covenants in the District's tax- exempt revenue bonds.
Opinion No. JC-0355
The Honorable David Cain Chair, Committee on Administration Texas State
Senate P.O. Box 12068 Austin, Texas 78711
Re: Application of chapter 711 of the Health and Safety Code to cemeteries
not dedicated under that chapter, and related questions (RQ-0304-JC)
S U M M A R Y
The provisions in chapter 711 of the Health and Safety Code that refer
broadly to cemeteries, as opposed to cemetery organizations, apply as a general
matter to the cemeteries dedicated in the late nineteenth century. Land dedicated
as a cemetery under common law, as opposed to chapter 711, may be conveyed,
but the conveyance may not interfere with the land's dedicated use. Section
711.041 requires the owner of a cemetery or private burial ground to provide
reasonable public access for visiting purposes.
Opinion No. JC-0356
The Honorable Homero Ramirez Webb County Attorney P.O. Box 420268 Laredo,
Texas 78042-0268
Re: Whether the 406th District Court of Webb County has criminal jurisdiction
(RQ-0299-JC)
S U M M A R Y
The 406th District Court of Webb County has criminal jurisdiction.
For further information, please call (512) 463-2110
TRD-200101596
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 20, 2001
RQ-0360-JC
The Honorable Royce West Chair, Jurisprudence Committee, Texas State Senate,
P.O. Box 12068, Austin, Texas 78711
Re: Whether a child who is excused from attendance at school for medical
reasons is ineligible for class credit by virtue of section 25.092 of the
Education Code (Request No. 0360-JC)
Briefs requested by April 19, 2001
RQ-0361-JC
The Honorable Florence Shapiro, Chair, State Affairs Committee, Texas State
Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether renting a portion of one's residence disqualifies that portion
for the homestead exemption, and related questions (Request No. 0361-JC)
Briefs requested by April 15, 2001
RQ-0362-JC
The Honorable Tim Curry, Tarrant County, Criminal District Attorney, 100
North Houston, Fort Worth, Texas 76196
Re: Whether the Board of Managers of the Tarrant County Hospital District
may appoint its own members to the board of the district's health maintenance
organization, and related questions (Request No. 0362-JC)
Briefs requested by April 15, 2001
RQ-0363-JC
Mr. Robert J. Huston, Chair, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087
Re: Constitutionality of section 26.179 of the Water Code (Request No.
0363-JC)
Briefs requested by April 15, 2001
For further information, please call 512 463-2110.
TRD-200101620
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 21, 2001
Opinions
Request for Opinions