Opinions
Opinion No. JC-0465
Mr. F. Lawrence Oaks, Executive Director, Texas Historical Commission,
1511 Colorado Street, Austin, Texas 78711-2276
Re: Whether the state owns artifacts removed from state lands prior to
the adoption of the Antiquities Code in 1969, and related questions (RQ-0416-JC)
S U M M A R Y
Whether the state owns artifacts removed from state lands prior to the
adoption of the Antiquities Code in1969 depends on the particular artifacts
and where they were found. With respect to artifacts found on submerged state
lands, the state, as owner of the land, would own artifacts found buried in
the soil or over which the state had constructive possession; otherwise, the
artifacts would belong to the person who had found them. With respect to artifacts
found on unsubmerged state lands, the state, as owner of the land, would own
artifacts classified as "mislaid" property; however, artifacts classified
as "lost" property would belong to the person who had found them. The state
would not own artifacts removed prior to 1969 from lands owned by political
subdivisions of the state unless the artifacts were determined to be "lost"
property and the state had "found" them. Under the Antiquities Code, the state
owns artifacts removed subsequent to its effective date from lands belonging
to political subdivisions of the state. Additionally, the Texas Historical
Commission is the legal custodian of artifacts removed from state public land
prior to 1969 to the extent they are recovered and retained by the state.
Finally, former articles 147a, 147b, 147b-1, and 147b-2 of the Penal Code
did not, as a matter of law, confer to the state ownership of artifacts removed
from state lands prior to 1969.
Opinion No. JC-0466
The Honorable Jeri Yenne, Brazoria County Criminal District Attorney, Brazoria
County Courthouse, 111 East Locust Street, Suite 408A, Angleton, Texas 77515
Re: Whether peace officers serving as off-duty security guards on casino
boats have authority to make arrests and related questions (RQ-0422-JC)
S U M M A R Y
The seaward boundary of the State of Texas and its coastal counties extends
three marine leagues into the Gulf of Mexico. The state and its coastal counties
may exercise criminal jurisdiction on the state's territorial waters, provided
that there is no conflict with federal law or the rights of foreign nations.
Texas peace officers acting as security guards on casino boats have the authority
to make arrests under state law within the state's territorial waters. The
extent of that authority depends upon the type of peace officer and whether
he or she is within his or her jurisdiction.
Once a casino boat sails beyond the state's seaward boundary, a Texas peace
officer no longer has the authority to make arrests under the law of the State
of Texas. Within the jurisdiction of the United States, federal law may authorize
a peace officer to make an arrest under certain circumstances. On the high
seas, beyond the jurisdiction of both the State of Texas and the United States,
the law of the ship's flag state and international law may be relevant to
a Texas peace officer's authority to keep order on the ship and to detain
passengers.
Opinion No. JC-0467
The Honorable Bobby Lockhart, Bowie County Criminal District Attorney,
P.O. Box 3030, 601 Main, Texarkana, Texas 75504
Re: When a constable is required to furnish evidence that he has been issued
a permanent peace officer's license (RQ-0431-JC)
S U M M A R Y
The constable of precinct three of Bowie County had 270 days from the date
he was sworn in to office for his elective term January 1, 2001, to furnish
to the Commissioners Court of Bowie County the evidence of licensure required
by subsection 86.0021(b) of the Local Government Code.
Opinion No. JC-0468
The Honorable Chris D. Prentice, Hale County Attorney, 500 Broadway, Suite
80, Plainview, Texas 79072-8050
Re: Whether the designated representative of an authorized agent of the
Texas Natural Resource Conservation Commission is a peace officer for purposes
of sections 7.193 and 26.215 of the Texas Water Code (RQ-0438-JC)
S U M M A R Y
The designated representative of an authorized agent of the Texas Natural
Resource Conservation Commission under chapter 366, Texas Health and Safety
Code, is not a peace officer for purposes of sections 7.193 and 26.215 of
the Texas Water Code.
Opinion No. JC-0469
Mr. Jim Loyd, Executive Director, Texas Health Care Information Council,
Two Commodore Plaza, 206 East Ninth Street, Suite 19.140, Austin, Texas 78701
Re: With respect to information requested from the Texas Health Care Information
Council, whether the Council may charge fees under section 108.012 of the
Health and Safety Code or section 552.262 of the Government Code, and related
questions (RQ-0425-JC)
S U M M A R Y
The Texas Health Care Information Council, for which chapter 108 of the
Health and Safety Code provides, see Tex. Health & Safety Code Ann. §108.001
(Vernon 2001), is required to collect information regarding health care across
the state and to disseminate it for the benefit of employers, other consumers,
and health-care providers. See id. §108.006(a). Chapter 108 provides
in particular for collecting and disseminating two types of data: provider-quality
data and public-use data. See id. §§108.010, .011. The legislature,
in section 108.012(b), has specifically authorized the Council to charge a
fee for the release of public-use or provider- quality data to any person
requesting it. See id. § 108.012(b). Consequently, with respect to the
release of public-use or provider-quality data, the Council need not comply
with the fee provisions of chapter 552 of the Government Code and rules adopted
under section 552.262 of the Government Code. The Council may determine a
fee to release public-use and provider- quality data that, together with the
Council's revenues from other sources, will be sufficient to raise revenues
for the Council's operation.
In response to a request for a paper or electronic copy of the public-use
data file that requires the Council to present the information in a customized
form, section 108.012(b) authorizes the Council to set its own fees, assuming
that the request is for the public-use or provider-quality data file. The
Council may charge the same fee to a subsequent requestor of the customized
information.
In setting its charges to produce public-use and provider-quality data
under section 108.012(b), the Council need not request an exemption from the
Texas Building and Procurement Commission under title 1, section 111.64 of
the Texas Administrative Code.
Fees for the release of information other than public-use and provider-quality
data must be set in accordance with chapter 552 of the Government Code and
rules of the Texas Building and Procurement Commission.
Opinion No. JC-0470
The Honorable Mike Moncrief, Chairman, Committee on Health and Human Services,
Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068
Re: Meaning of "rehabilitation" for purposes of title 5 of the Texas Human
Resources Code, which relates to services for the blind and visually handicapped
(RQ-0429-JC)
S U M M A R Y
The Texas Commission for the Blind is charged by statute to provide vocational
rehabilitation services, defined as those "necessary to compensate a blind
disabled individual for an employment handicap so that the individual may
engage in a remunerative occupation." Tex. Hum. Res. Code Ann. §91.051(6)
(Vernon 2001). Whether the Commission has provided adequate services in a
particular case requires determinations of matters of fact, and is therefore
not a question which can be answered in an advisory legal opinion by the Office
of the Attorney General.
Opinion No. JC-0471
The Honorable Leslie Poynter Dixon, Van Zandt County Criminal District
Attorney, 202 North Capitol, Canton, Texas 75103
Re: Whether a county may fax the required written notice of an officer's
proposed salary and expenses to the officer under section 152.013 of the Local
Government Code, and related question (RQ-0435-JC)
S U M M A R Y
Section 152.013 of Local Government Code does not as a matter of law preclude
a commissioners court from faxing its written notice to an elected officer.
See Tex. Loc. Gov't Code Ann. §152.013(c) (Vernon 1999). A county may
determine the method or methods it will use to deliver the required written
notice to the elected officers entitled to notice.
An elected officer who as a matter of fact does not receive the written
notice that section 152.013 requires is entitled to have five days after actually
receiving the written notice in which to file his or her grievance under section
152.016. See id. §152.016(a)(2). Whether an officer actually received
notice for the purposes of section 152.016 is a question of fact. Nevertheless,
the allowable time period in which the officer may complain to the salary
grievance committee does not extend beyond the start of the county's fiscal
year.
Opinion No. JC-0472
The Honorable Tim Curry,
Tarrant County Criminal District Attorney, Justice Center, 401 West Belknap,
Fort Worth, Texas 76196-0201
Re: Whether recently enacted Occupations Code, section 1704.152(c)(2) excepts
the relative of a deceased bail bond licensee from requirements of chapter
1704 other than work-experience and course-work eligibility requirements (RQ-0445-JC)
S U M M A R Y
Section 1704.152(a) of the Occupations Code establishes eligibility requirements
for individuals who apply to obtain a bail bond license from a county bail
bond board. Recently enacted subsection (c)(2) of section 1704.152 excepts
the relative of a deceased bail bond licensee from the work-experience and
course-work requirements of subsection (a)(4). The new provision does not
except the relative of a deceased bail bond licensee from any other requirements
of chapter 1704 of the Occupations Code. A bail bond board may not by rule
extend this exception for the relatives of deceased licensees to other chapter
1704 requirements.
For further information,
please contact the Opinion Committee at (512) 463-2110 or access their website
at www.oag.state.texas.us .
TRD-200201230
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: February 27, 2002