Re: Whether the Texas Council on Environmental Technology may award a grant to one of its members or to a university that employs a member, and related question. (RQ-0444-JC)

S U M M A R Y

A grant made under chapter 387 of the Health and Safety Code is subject to the strict common-law rule prohibiting conflicts of interest. See Tex. Health & Safety Code Ann. ch. 387 (Vernon Supp. 2002). Consequently, the Texas Council on Environmental Technology may not award a grant if a member has a direct or indirect pecuniary interest in the grant, including a grant to the member him- or herself or a grant to the university that employs the member. The interested Council member's recusal will not affect the fact that the contract is void.

Opinion No. JC-0485.

The Honorable Bill G. Carter, Chair, Committee on Urban Affairs, Texas House of Representatives, P. O. Box 2910, Austin, Texas 78768-2910.

Re: Whether a municipality may enforce its own sexually oriented business ordinance when the entity to be protected is outside the corporate limits of the municipality. (RQ-0446-JC)

S U M M A R Y

A city may apply a municipal ordinance to prohibit a sexually oriented business within a specified distance of a school, church, or other entity covered by section 243.006(a)(2) of the Local Government Code even though that entity is not within the corporate limits of the city in question, so long as the sexually oriented business is within those limits. Such application does not violate the statutory requirement that the ordinance apply only in the city's corporate limits.

Opinion No. JC-0486.

The Honorable Gwyn Shea, Texas Secretary of State, P.O. Box 12697, Capitol Station, Austin, Texas 78711.

Re: Whether a financing statement terminating a "pre-effective-date financing statement" should be filed with the Secretary of State or the county clerk. (RQ-0449-JC)

S U M M A R Y

Under section 9.707(e) of the Business and Commerce Code, if a pre-effective-date financing statement was originally filed in the office of the county clerk, then a financing statement to terminate that original filing must also be filed in the county clerk's office unless an initial financing statement relating to the pre-effective-date financing statement has been filed in the office of the Secretary of State in accordance with the revised provisions of chapter 9 of the Business and Commerce Code.

Opinion No. JC-0487.

Mr. Charles Miller, Chair, Board of Regents, University of Texas System, 201 West Seventh Street, Austin, Texas 78701-2981.

Re: Whether the Board of Regents of the University of Texas System may hold a public meeting in Mexico. (RQ-0448-JC)

S U M M A R Y

Under current Texas law, the Open Meetings Act prohibits the Board of Regents of the University of Texas System from holding a meeting of a quorum of its members in Mexico, regardless of whether the Board broadcasts the meeting by videoconferencing technology to all geographic areas in Texas where component institutions of the University of Texas System are located.

For further information, please call the Opinion Committee at (512) 463-2110 or access the website at www.oag.state.tx.us.

TRD-200202098

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: April 2, 2002