TITLE attorney-general

Re: Meaning of "lifetime service credit" for purposes of subchapter D of chapter 41 of the Government Code, which mandates longevity pay for certain assistant prosecutors (RQ-0442-JC)

S U M M A R Y

For the purposes of chapter 41, subchapter D of the Texas Government Code, the accrual of lifetime service credit by an assistant prosecutor is not dependent on either the continuity of that service or the county in which it is performed.

Opinion No. JC-0474

The Honorable Bill Carter

Chair, House Committee on Urban Affairs

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Whether a member of the City Council of the City of Watauga may appoint himself to the Board of Directors of the Watauga Crime Control and Prevention District (RQ-0452-JC)

S U M M A R Y

Unless the City Council of the City of Watauga appoints itself as a body to the Watauga Crime Control and Prevention District, members of the City Council are prohibited by the common-law doctrine of incompatibility from appointing themselves as directors of the Watauga Crime Control and Prevention District.

Opinion No. JC-0475

Ms. Sandy Smith, Executive Director

Texas Board of Professional Land Surveying

7701 North Lamar, Suite 400

Austin, Texas 78752

Re: Authority of the Texas Board of Professional Land Surveying to require that all proposed oil and gas well locations be surveyed by a registered professional land surveyor (RQ-0440-JC)

S U M M A R Y

The Texas Board of Professional Land Surveying is authorized to regulate persons who engage in surveying as defined by the Professional Land Surveying Practices Act, article 5282c of the Revised Civil Statutes. See Tex. Rev. Civ. Stat. Ann. art. 5282c (Vernon Supp. 2002). The Railroad Commission has promulgated rules requiring plats showing well locations to accompany applications for certain oil and gas well permits, but the rules do not require that the locations be surveyed by a registered professional land surveyor. The Commission has reasonable discretion to determine what information must accompany permit applications filed under Commission rule. If plats showing well locations determined by a less precise method than professional surveying yield enough information for the Commission to implement its rules, the well locations need not be surveyed. We affirm Attorney General Opinion JM-0418 (1985).

Opinion No. JC-0476

The Honorable John W. Smith

Ector County District Attorney

300 North Grant, Room 305

Odessa, Texas 79761

Re: Whether a commissioners court may establish and fund a courthouse security force and related questions (RQ-0418-JC)

S U M M A R Y

Article 102.017 of the Code of Criminal Procedure provides authority for the Ector County Commissioners Court to expend funds for the provision of courthouse security. However it does not provide authority, either expressly or by necessary implication, for the Commissioners Court to establish a courthouse security force of licensed peace officers.

Opinion No. JC-0477

Mr. Randall S. James

Banking Commissioner

Texas Department of Banking

2601 North Lamar Boulevard

Austin, Texas 78705-4294

Re: Applicability of section 154.155(d) of the Finance Code to insurance-funded, prepaid funeral benefits contracts (RQ-0434-JC)

S U M M A R Y

The amendatory language of section 154.155(d) of the Finance Code, which entitles a purchaser who cancels a prepaid funeral benefits contract to a refund that includes half of the earnings attributable to the payments made by the purchaser, applies only to trust-funded prepaid funeral benefits contracts; it does not apply to cancellations of insurance-funded prepaid funeral benefits contracts.

Opinion No. JC-0478

Ms. Grace Shore, Chair

State Board of Education

c/o Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Mr. Jim Nelson

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Whether the State Board of Education is authorized to control the adoption or development of statewide assessment instruments under chapter 39 of the Education Code, and related questions (RQ-0436-JC)

S U M M A R Y

The State Board of Education's general responsibility with respect to the assessment of students' knowledge and skills is to create and implement a statewide assessment program. The development of appropriate assessment instruments, which is to say tests, is the responsibility of the Texas Education Agency. The State Board of Education may not adopt a rule infringing on the authority over that preparation that the legislature has specifically delegated to the Texas Education Agency.

Opinion No. JC-0479

The Honorable Rene Guerra

Hidalgo County Criminal District Attorney

Hidalgo County Courthouse

Edinburg, Texas 78539

Re: Whether certain eligibility requirements for a bail bond license enacted by Senate Bill 1119 apply to a bail bond license application filed on May 28, 2001 (RQ-0450-JC)

S U M M A R Y

The work-experience and course-work eligibility requirements for bail bond licensees added to section 1704.152(a)(4) of the Occupations Code by Senate Bill 1119 do not apply to an application for an original license filed with the county bail bond board on May 28, 2001, prior to the new law's effective date. See Tex. S.B. 1119, 77th Leg., R.S., ch. 1262, §§ 3 (amendments to section 1704.152), 16 (providing for prospective application of changes to requirements for bail bond license), 19 (September 1, 2001 effective date), 2001 Tex. Sess. Law Serv. 2839, 2843.

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

TRD-200201743

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: March 20, 2002