Opinions
Opinion No. JC-0495.
Mr. James R. Hine Commissioner,
Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030,
regarding whether the Texas State Office of Administrative Hearings may order
the Texas Department of Human Services to pay a licensee's attorney's fees
after the SOAH dismissed an administrative action brought to revoke a license
(RQ-0463-JC).
S U M M A R Y.
The Texas State Office of Administrative Hearings has no authority to order
the Texas Department of Human Services to pay a licensee's attorney's fees
after an administrative action brought to revoke the license. The state has
not waived its sovereign immunity against attorney's fees imposed in an administrative
proceeding administered by the State Office of Administrative Hearings.
Opinion No. JC-0496.
The Honorable Jose R.
Rodriguez, El Paso County Attorney, 500 East San Antonio, Room 203 El Paso,
Texas 79901, regarding method of selection of the justice of the peace member
of the El Paso County Bail Bond Board (RQ-0465-JC).
S U M M A R Y.
The justice of the peace member of the El Paso County Bail Bond Board should
be selected from among and by the eligible justices of the peace of the county
by any reasonable method. Members of the board who are members by virtue of
their elective offices serve on the board for the duration of their elective
offices. Members appointed or selected by others serve at the pleasure of
the appointing or selecting authority. As a general matter, neither a commissioners
court nor the bail bond board itself may remove members for failure to regularly
attend meetings of the board.
Opinion No. JC-0497.
The Honorable Charles
A. Rosenthal, Jr., Harris County District Attorney, 1201 Franklin Street,
Suite 600, Houston, Texas 77002, regarding whether a peace officer is required
to attend continuing education courses regarding enforcement of traffic laws
and the use of radar equipment (RQ-0471-JC).
S U M M A R Y .
A peace officer is not currently required by section 644.101(d) of the
Transportation Code to attend continuing education courses regarding enforcement
of traffic and highway laws and the use of radar equipment.
For further information,
please call the Opinion Committee at (512) 463-2110 or access the website
at www.oag.state.tx.us.
TRD-200202702
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: May 1, 2002