TITLE attorney-general

Opinion No. JC-0519

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

Re: Whether a 1999 amendment to article XVI, section 65 of the Texas Constitution, which removed the staggered terms for certain county offices, substantively affects offices created after that date (RQ-0488-JC)

S U M M A R Y

Article XVI, section 65 of the Texas Constitution, before it was amended in 1999, required a staggered election schedule for the offices it listed, newly created offices as well as offices existing in 1954, when the constitutional provision was adopted. The 1999 amendment deleted the language requiring a staggered election schedule. A newly created office listed in article XVI, section 65, may not be placed on the ballot for any term other than four years, and the date when it would first be placed on the ballot would be determined by section 202.003 of the Election Code. In some cases, the section 202.003 date will conform to the election schedule for the office. If it does not, the legislature may continue the staggered election schedule for newly created article XVI, section 65 offices by providing in the legislation creating the office that the officeholder shall be elected to a four-year term at the first general election date that conforms to the election schedule, and that the vacancy that exists in the office from its creation shall be filled by appointment or as otherwise provided by law.

Opinion No. JC-0520

Mr. Thomas A. Davis, Jr., Director, Texas Department of Public Safety, 5805 North Lamar Boulevard, Box 4087, Austin, Texas 78773-0001

Re: Whether a hotel, motel, or dormitory is within the meaning of "domicile" for the purposes of Transportation Code section 522.022 (RQ-0490-JC)

S U M M A R Y

In particular cases, an address such as that of a motel, hotel, or dormitory may constitute a domicile for the purposes of Transportation Code section 522.022(1), regarding the issuance of a Texas commercial driver's license. An address alone is not determinative of Texas domicile, the elements of which are a physical presence within Texas and an intent to remain and make the state a permanent home.

Opinion No. JC-0521

The Honorable Michael A. Stafford, Harris County Attorney, 1019 Congress, 15th Floor Houston, Texas 77002-1700

Re: Whether a county may require prospective contractors to submit affidavits disclosing their business relationships with officers and employees of the county and county entities (RQ-0491-JC)

S U M M A R Y

Under the County Purchasing Act and the Professional Services Procurement Act, a county is authorized to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees.

Opinion No. JC-0522

The Honorable David T. Garcia Brooks, County Attorney, 117 East Miller Street, Falfurrias, Texas 78355

Re: Whether a constable who has not been issued a permanent peace officer license under chapter 1701 of the Occupations Code is a peace officer for purposes of article 2.12(2) of the Code of Criminal Procedure (RQ-0501-JC)

S U M M A R Y

A constable who has not yet obtained a permanent peace officer license as required by section 86.0021 of the Local Government Code is a peace officer for purposes of article 2.12(2) of the Code of Criminal Procedure.

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

Assistant Attorney General

Office of the Attorney General

Filed: July 3, 2002