Opinions
Opinion No. JC-0492
Mr. Felipe Alanis, Commissioner of Education, Texas Education Agency, 1701
North Congress Avenue, Austin, Texas 78701-1494.
Re: Whether, with respect to a contract valued at $25,000 or more in the
aggregate for a twelve-month period, a school district may participate in
a registered political subdivision corporation created under section 304.001
of the Local Government Code, and related questions. (RQ-0453-JC)
S U M M A R Y
With respect to a contract valued at $25,000 or more in the aggregate for
a twelve-month period, a school district may not participate in a political
subdivision corporation established under section 304.001 of the Local Government
Code. See Tex. Educ. Code Ann. §44.031(a) (Vernon Supp. 2002); Tex. Loc.
Gov't Code Ann. §304.001(b), (d) (Vernon Supp. 2002).
Opinion No. JC-0493
Mr. Robert J. Huston Chair, Texas Natural Resource Conservation Commission,
P. O. Box 13087, Austin, Texas 78711-3087.
Re: Applicability of new requirements for portable facilities and concrete
crushers imposed by amendments to the Texas Clean Air Act. (RQ-0460-JC)
S U M M A R Y
Section 382.056(r)(1) of the Health and Safety Code provides an exemption
from giving notice of intent to apply for certain permits under the Texas
Clean Air Act when a portable source of air contaminants is moved to the location
of a facility permitted by the Commission, "if no portable facility has been
located at the proposed site at any time during the previous two years." Tex.
Health & Safety Code Ann. § 382.056(r)(1) (Vernon Supp. 2002). This
provision may not be construed to allow the exemption where a portable facility
has been located at the proposed site during the previous two years. Section
382.056(r)(1) applies to pending applications for permits. A "permitted" facility
in this provision is a source of air contaminants that is subject to a permit
issued under the Texas Clean Air Act.
Section 382.065 of the Health and Safety Act exempts "an existing concrete
crushing facility" from a prohibition on locating or operating a concrete
crushing facility within 440 yards of a residence, school, or place of worship.
Id. §382.065. An "existing" concrete crushing facility is one that was
physically present on the site as of the effective date of the provision,
but the exemption does not apply to a concrete crushing facility that was
located or operating illegally at the site on the effective date.
Opinion No. JC-0494
The Honorable Jim Solis, Chair, Economic Development Committee, Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910.
Re: Whether the Gun Barrel City Economic Development Corporation may use
Development Corporation Act of 1979, section 4B sales and use taxes to fund
a project that does not promote business development. (RQ-0462-JC)
S U M M A R Y
Consistent with the particular 1997 voter-approved election proposition,
the sales taxes collected in Gun Barrel City under section 4B of the Development
Corporation Act of 1979 may be used only for projects that promote business
development. The Board of Directors of the Gun Barrel City Economic Development
Corporation may not use the sales tax proceeds to fund a project that does
not promote business development.
For further information,
please call the Opinion Committee at (512) 463-2110 or access the website
at www.oag.state.tx.us.
TRD-200202528
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 24, 2002
RQ-0532
The Honorable Frank Madla, Chair, Intergovernmental Relations Committee,
Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068.
Re: Whether nepotism law prohibits a city commissioner from deliberating
and voting on a merit increase for a sibling, and related question. (Request
No. 0532-JC)
Briefs requested by May 19, 2002
RQ-0533
The Honorable Carole Keeton Rylander, Comptroller of Public Accounts, Lyndon
B. Johnson Building, 111 East 17th Street, Austin, Texas 78711-3528.
Re: Whether Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001), affects
the authority of the Comptroller of Public Accounts to enforce section 161.122
of the Health and Safety Code, which prohibits placing advertisements for
tobacco products within 1,000 feet of a school or church. (Request No. 0533-JC)
Briefs requested by May 22, 2002
RQ-0534
The Honorable Ron Wilson, Chair, Committee on Licensing and Administrative
Procedures, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910.
Re: Whether the commissioner of insurance has authority under articles
1.15, 20A.17 or 20A.18C of the Texas Insurance Code to conduct regulatory
examinations of physician organizations that, under a contract with a health
maintenance organization, provide only medical services that the organization's
physicians are professionally licensed to provide in exchange for a predetermined
payment on a prospective basis, and related questions. (Request No. 0534-JC)
Briefs requested by May 22, 2002
RQ-0535
The Honorable Jane Nelson, Chair, Nominations Committee, Texas State Senate,
P.O. Box 12068, Austin, Texas 78711-2068.
Re: Authority of the Interagency Council on Early Childhood Intervention
to contractually demand that third party contractors collect and disclose
indentifiable information about their clients to ICECI, and related questions.
(Request No. 0535-JC)
Briefs requested by May 23, 2002
For further information,
please call the Opinion Committee at (512) 463-2110 or access the website
at www.oag.state.tx.us.
TRD-200202529
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 24, 2002
Request for Opinions