Request for Opinions
RQ-0483-JC
Mr. Randall S. James, Ms. Leslie L. Pettijohn, Mr. James L. Pledger, The
Finance Commission of Texas, 2601 North Lamar Boulevard, Austin, Texas 78705-4294
Re: Whether all transactions listed in section 341.502, Finance Code are
subject to the 'plain language' rule (Request No. 0483-JC)
Briefs requested by February 8, 2002
RQ-0484-JC
The Honorable Hector M. Lozano, Frio County Attorney, 500 East San Antonio
Street, Box 1, Pearsall, Texas 78061-3100
Re: Whether a constable who fails to provide evidence of licensure under
section 86.0021(b), Local Government Code, automatically forfeits his office,
and related questions (Request No. 0484-JC)
Briefs requested by February 9, 2002
RQ-0485-JC
The Honorable Robert B. Scheske, Gonzales County Attorney, P.O. Box 3,
Gonzales, Texas 78629-0003
Re: Whether a fine imposed in a class C misdemeanor case in justice court
may be collected by a private attorney or a private collection service (Request
No. 0485-JC)
Briefs requested by February 10 , 2002
RQ-0486-JC
The Honorable Russell W. Malm, Midland County Attorney, 200 West Wall Street,
Suite 104, Midland, Texas 79701
Re: Whether a county may enter into a multi-year lease of real property
under particular circumstances, and related questions (Request No. 0486-JC)
Briefs requested by February 11, 2002
For further information, please contact the Opinion
Committee at (512) 463-2110 or access the website at www.oag.state.texas.us
.
TRD-200200199
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: January 16, 2002
Opinion No. JC-0450
The Honorable Eddie Lucio, Jr., Chair, Committee on Border Affairs, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether section 2001.556 of the Occupations Code prohibits a revenue-share
leasing agreement between a manufacturer of bingo equipment and a distributor
of bingo equipment (RQ-0417-JC)
S U M M A R Y
A revenue-share leasing agreement violates section 2001.556 of the Occupations
Code, which precludes a bingo-equipment manufacturer, distributor, or supplier
from agreeing to fix the price of bingo equipment, if under the agreement
the manufacturer controls the price that the distributor charges to bingo-game
conductors for leasing equipment.
Opinion No. JC-0451
The Honorable Phil Garrett, Palo Pinto County Attorney, P. O. Box 190,
Palo Pinto, Texas 76484
Re: Whether a driver who falls asleep and drives off the road has committed
an offense under section 545.060(a) of the Transportation Code (RQ-0421-JC)
S U M M A R Y
Although this office cannot determine in any particular instance in an
attorney general opinion whether a person has violated section 545.060(a)
of the Transportation Code, the offense of failure to drive in a single marked
lane, the fact that a driver was asleep when he or she moved from the single
lane does not as a matter of law remove that person's conduct from the scope
of the statute.
Opinion No. JC-0452
The Honorable Joe Warner Bell, Trinity County Attorney, P.O. Box 979, Groveton,
Texas 75845
Re: Whether constitutional county law judges who try misdemeanor criminal
matters are entitled to participate in the management of community supervision
and corrections departments under section 76.002 of the Government Code (RQ-0433-JC)
S U M M A R Y
A judge of a county court established under article V, section 15 of the
Texas Constitution is not a judge of a statutory county court for purposes
of title 2 of the Government Code and therefore is not included in the group
of judges entitled to participate in the management of a community supervision
and corrections department under section 76.002(b) of the Government Code.
For further information, please contact the Opinion
Committee at (512) 463-2110 or access the website at www.oag.state.tx.us
TRD-200200200
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: January 16, 2002
Opinions