Pursuant to Texas Local Government Code chapter 214, subchapter G, the International Residential Code is the uniform residential building code for municipalities in this state, and its plumbing provisions are the uniform plumbing code for residential construction. The Plumbing Licensing Law permits the adoption by the Board of Plumbing Examiners of two plumbing codes, the International Plumbing Code and the Uniform Plumbing Code, either of which municipalities may choose to govern nonresidential plumbing. Cities of fewer than 5,000 inhabitants may, but are not required to, adopt a plumbing code pursuant to the Plumbing Licensing Law. Plumbing installation in a political subdivision that has adopted a plumbing code under that law must be inspected by a licensed plumbing inspector.

Opinion No. JC-0454

The Honorable John F. Healy, Jr., Fort Bend County District Attorney, 309 South Fourth Street, Suite 258, Richmond, Texas 77469

Re: Authority of a justice of the peace to sentence a juvenile to detention for contempt, and related questions (RQ-0408-JC)

S U M M A R Y

A justice court may not order a child to be confined for a term of detention for contempt for violation of a justice court order. In the event that suit is brought against a county as a result of a justice court ordering a child detained for contempt without authority to do so, the county could invoke immunity with respect to state claims, but, depending on the facts, could be subject to suit under federal claims brought under 42 U.S.C. § 1983. A hearing for a child referred to juvenile court for contempt must be conducted as that for a child who has engaged in delinquent conduct. Neither status offenders nor nonoffenders may be detained in nonsecure detention facilities.

Opinion No. JC-0455

The Honorable Frank Madla, Chair, Senate Committee on Intergovernmental Relations, Texas State Senate, P. O. Box 12068, Austin, Texas 78711-2068

Re: Whether a member of a governmental body that is located within the boundaries of the Cow Creek Groundwater Conservation District may serve as a member of the board of directors of the district (RQ-0423-JC)

S U M M A R Y

An individual may not simultaneously hold the offices of director of a groundwater conservation district and member of the governing body of a local governmental district that is not a county if the local governmental office is a compensated position. Furthermore, a county commissioner is barred by the common-law doctrine of incompatibility from serving as a member of the board of directors of any groundwater conservation district whose geographical boundaries overlap with those of the county in which the commissioner serves.

Opinion No. JC-0456

Mr. Jerry L. Benedict, Administrative Director, Office of Court Administration, P.O. Box 12066, Austin, Texas 78711-2066

Re: Whether the state employee pay raise effective September 1, 2001 applies to appellate court briefing attorneys and law clerks (RQ-0428-JC)

S U M M A R Y

Briefing attorneys and law clerks with the state appellate courts are entitled to the four percent salary increase authorized by article IX, section 10.12 of the 2001 General Appropriations Act if they meet the length-of-service eligibility requirements stated in article IX, section 10.12(i). General Appropriations Act, 77th Leg., R.S., S.B. 1, art. IX, § 10.12, at XI- 76-78 (2001), available at http://www.lbb.state.tx.us.

Opinion No. JC-0457

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

Re: Whether new construction in an area of the state that is outside municipal jurisdiction may delay complying with the Texas Building Energy Performance Standards, chapter 388 of the Health and Safety Code, until September 1, 2002 (RQ-0430-JC)

S U M M A R Y

Effective September 1, 2001, new construction in an area of the state that is outside a municipality's jurisdiction must have begun complying with the building energy efficiency performance standards adopted under section 388.003 of the Health and Safety Code. See Tex. Health & Safety Code Ann. § 388.003 (Vernon Supp. 2002). Compliance may not be delayed until September 1, 2002. Likewise, since September 1, 2001, counties have had authority to monitor and may voluntarily enforce compliance in these areas under section 388.004. See id. § 388.004.

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

TRD-200200773

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: February 6, 2002