TITLE attorney-general

Opinion No. JC-0523

Mr. Bernie Francis, Chair, Texas State Technical College System, 3801 Campus Drive Waco, Texas 76705

Re: Whether the Texas Public Finance Authority is authorized to issue bonds on behalf of the Texas State Technical College System (RQ-0493-JC)

S U M M A R Y

Section 1232.101 of the Texas Public Finance Authority Act, Tex. Gov't Code Ann. §§1232.001-.206 (Vernon 2000 & Supp. 2002), does not authorize the Texas Public Finance Authority to issue bonds on behalf of the Texas State Technical College System.

Opinion No. JC-0524

The Honorable Bill Hill, Criminal District Attorney Dallas County, 133 North Industrial Boulevard Dallas, Texas 75207-4399

Re: Whether a county commissioners court may deny or alter the budget request of the presiding judge of the administrative judicial region (RQ-0494-JC)

S U M M A R Y

Under section 74.043 of the Government Code, a county commissioners court must pay its county's share of an administrative judicial region's "salaries, compensation, and expenses" and has no authority to reduce the county's share or to alter the administrative judicial region's budget.

Opinion No. JC-0525

The Honorable Warren Chisum, Chair, Committee on Environmental Regulation, Texas House of Representatives, P. O. Box 2910 Austin, Texas 78768-2910

Re: Whether the Texas Engineering Practice Act permits in-house engineers to include their job titles on business cards, cover letters, and other correspondence (RQ-0495-JC)

S U M M A R Y

The Texas Engineering Practice Act, article 3271a of the Revised Civil Statutes, does not allow an in-house employee of a private corporation, though classified internally as an "engineer" or under another engineering title, to use the title of "engineer" on business cards, cover letters, or other forms of correspondence that are made available to the public.

Opinion No. JC-0526

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

Re: Duties of the county clerk with regard to financing statement filings (RQ-0497-JC)

S U M M A R Y

Under chapter 9 of the Business and Commerce Code, Tex. Bus. & Com. Code Ann. §§9.101-.709 (Vernon Supp. 2002) (the "Act"), a county clerk must accept financing statement filings to perfect security interests in "as-extracted collateral or timber to be cut" or fixture filings if the financing statements are communicated by authorized methods or media, provide legible information about the parties and the collateral, and are accompanied by sufficient filing fees. Under the Act, financing statements to perfect security interests in "as- extracted collateral or timber to be cut" and fixture filing financing statements must be filed in the "real property records," and they are not required to be signed. Finally, under the Act, financing statements to continue the effectiveness of or amend pre-effective-date financing statements filed in the office of the county clerk to perfect security interests in consumer goods must be filed in the office of the Secretary of State. However, financing statements to terminate such pre-effective-date financing statements must be filed in the office of the county clerk unless initial financing statements relating to the pre-effective-date statements have been filed in the office of the Secretary of State.

Opinion No. JC-0527

The Honorable Jeff Wentworth, Chair, Redistricting Committee, Texas State Senate, P.O. Box 12068 Austin, Texas 78711.

Re: Whether the University of Texas System may adopt a mandatory infrastructure fee without express legislative authority (RQ-0500-JC)

S U M M A R Y

Section 55.16 of the Education Code authorizes the governing board of an institution of higher education to collect charges from students for the occupancy, services, use, and/or availability of all or any of its property, buildings, structures, and activities, subject to limits found in other Education Code provisions. Section 54.0513 of the Education Code establishes the maximum amount that may be charged for the purposes of the former "building use fee" and thus limits the amount that the University of Texas System Board of Regents may collect under Education Code section 55.16(a) for this purpose. Any charge imposed under section 55.16(a) for the same purposes as the former "building use fee," when combined with the charge imposed under section 54.0513, cannot exceed the maximum amount authorized by 54.0513. To the extent that the "infrastructure charge" is the equivalent of the former "building use fee" it would be subject at least in part to the limit in Education Code section 54.0513.

Opinion No. JC-0528

The Honorable Tim Curry, Tarrant County Criminal District Attorney, Justice Center, 401 West Belknap Fort Worth, Texas 76196-0201

Re: Whether section 1704.252(9) of the Occupations Code applies to the collection by a bail bondsman from a bail bond client of a legal fee for an attorney and remittal of that fee to the attorney (RQ-0502-JC)

S U M M A R Y

Section 1704.252 of the Occupations Code "prohibits" the collection by a bail bondsman from a person for whom the bondsman executes a bond of a legal fee for an attorney and remittal of that fee to the attorney because it is sufficiently broad to cover the collection and remittal of such fee.

Opinion No. JC-0529

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

Re: Whether a county civil-service commission or a sheriff's department civil-service commission may adopt a rule that permits an award of back pay to an employee after the commission modifies a disciplinary action taken against that employee (RQ-0504-JC)

S U M M A R Y

A county civil-service commission created under chapter 158, subchapter A of the Local Government Code and a sheriff's department civil-service commission created under subchapter B of the same chapter may adopt a rule that permits the commission to award back pay to an employee if the commission modifies a disciplinary action to partly or fully reinstate the employee. See Tex. Loc. Gov't Code Ann. ch. 158 (Vernon 1999 & Supp. 2002).

Opinion No. JC-0530

The Honorable Michael A. McDougal, District Attorney Ninth Judicial District, 301 North Thompson, Suite 106 Conroe, Texas 77301-2824.

Re: Whether city police officers acting as drainage-district peace officers under section 49.216 of the Water Code may issue traffic citations for traffic violations committed within the drainage district (RQ-0510-JC)

S U M M A R Y

Section 49.216 of the Water Code and the Interlocal Cooperation Act authorize a drainage district to contract with another local government for law enforcement services within the district. A city police officer acting as peace officer in a drainage district under such a contract is in fact a drainage-district peace officer. A drainage-district peace officer is authorized by section 49.216 to make warrantless arrests for state-law traffic violations within the district.

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 10, 2002