Opinions
Opinion No. GA-0007
The Honorable Fred M. Bosse, Chair, Committee on Civil Practices, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether a corporation that holds a bingo commercial lessor license
may convert to a limited partnership and related questions (RQ-0572-JC)
S U M M A R Y
The Bingo Enabling Act, Tex. Occ. Code Ann. §§ 2001.001- .657
(Vernon 2002), and the rules promulgated thereunder by the Texas Lottery Commission,
16 Tex. Admin. Code § 402.541-.572 (2002), do not preclude the continuation
of a bingo commercial lessor license upon the conversion of a Texas corporation
to a Texas limited partnership or of a Texas limited partnership to a Texas
corporation assuming the converted entity is eligible for a bingo commercial
lessor license. The converted corporation or limited partnership must apply
for an amended license to the extent its name or address differs from that
of the converting entity, assuming that each person who has a financial interest
in or who is in any capacity a real party in interest in the converting entity's
bingo-related business does not change. Finally, section 2001.160 of the Bingo
Enabling Act does not permit a corporation that holds a bingo commercial lessor
license to transfer the license to a limited partnership, but it does permit
a licensed limited partnership to transfer the license to a corporation formed
or owned by the limited partnership.
Opinion No. GA-0008
The Honorable Robert Junell, Chair, House Committee on Appropriations,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Authority of the Texas Commission on Private Security to regulate funeral
escort services (RQ-0573-JC)
S U M M A R Y
The Texas Commission on Private Security lacks authority under chapter
1702 of the Occupations Code, the Private Security Act, to adopt rules regulating
a uniformed motorcycle escort service that performs only traffic control functions
and traffic safety functions in connection with escorting a funeral procession
or other motorcade. To the extent that a motorcycle escort service also engages
in security functions within the Commission's statutory authority, the Commission
does have authority to regulate those activities.
For information regarding this publication, please
access the website at www.oag.state.tx.us or call the Opinion Committee at
512-463-2110.
TRD-200300054
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: January 7, 2003
RQ-0007-GA
The Honorable Pete P. Gallego, Chair, Committee on General Investigating,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether a school district is authorized to voluntarily pay the medical
expenses and travel costs for a student injured in school or during a school
activity, and related questions (Request No. 0007-GA)
Briefs requested by January 30, 2003
RQ-0008-GA
The Honorable Joe R. Smith, Tyler County Criminal District Attorney, Courthouse
Annex, 100 West Bluff, Woodville, Texas 75979
Re: Authority of a commissioners court to extend the state traffic laws
to a private subdivision, and related questions (Request No. 0008-GA)
Briefs requested by January 30, 2003
RQ-0009-GA
Ms. Rebecca Klein, Chairman, Public Utility Commission of Texas, P.O. Box
13326, Austin, Texas 78711-3326
Re: Authority of a not-for-profit electric utility corporation to convert
itself to a for-profit corporation (Request No. 0009-GA)
Briefs requested by February 7, 2003
For further information, please access the website
at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.
TRD-200300055
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: January 7, 2003
Request for Opinions