TITLE attorney-general

Opinion No. GA-0082

The Honorable Frank Madla

Chair, Intergovernmental Relations Committee

Texas State Senate

Austin, Texas 78711-2068

Re: Whether the City of San Antonio may impose right-of-way fees against a metropolitan transit authority created under chapter 451 of the Transportation Code (RQ-0020-GA)

S U M M A R Y

Section 451.058(d) of the Transportation Code requires a transit authority to pay all construction, alteration, and rerouting costs associated with the installation and relocation of bus stops, and any damages incurred. Because the Transportation Code permits the imposition of only the specific charges listed therein, the City of San Antonio may not by ordinance require the VIA Metropolitan Transit Authority to pay duplicative or additional fees associated with such construction.

Opinion No. GA-0083

Eduardo J. Sanchez, M.D., M.P.H.

Commissioner of Health

Texas Department of Health

1100 West 49th Street

Austin, Texas 78756-3199

Re: Whether chapter 108 of the Health and Safety Code authorizes or requires the Texas Health Care Information Council to provide the Department of Health with individually identifiable health care information (RQ-0010-GA

S U M M A R Y

Under current law, the Texas Health Care Information Council is not authorized to provide the Texas Department of Health with data containing individually identifiable health information.

Opinion No. GA-0084

The Honorable Scott Sherwood

Carson County Attorney

303 Euclid Avenue

Panhandle, Texas 79068-0947

Re: City of Skellytown's authority to enter certain agreements with the Skellytown Area Volunteer Firefighters-EMS Association (RQ-0014-GA)

S U M M A R Y

Because the City of Skellytown executed various agreements (the "Agreements") with the Skellytown Area Volunteer Firefighters-EMS Association (the "Association") over three years ago and no lawsuits to invalidate them have been filed, the Agreements are "conclusively presumed" to be valid unless, among other things, the Agreements were void ab initio. See TEX. LOC. GOV'T CODE ANN. §51.003 (Vernon Supp. 2003). The fact that a city council member was, at the time the City approved the Agreements, also a director of the Association does not affect the Agreements' validity.

The City had statutory authority to convey to the Association personal property, such as equipment and furniture, and to lease City buildings and facilities to the Association. A conveyance or lease complies with article III, section 52 of the Texas Constitution if (1) it primarily accomplishes a public purpose; (2) the City retains sufficient control to ensure that the public purpose would be accomplished; and (3) the City receives a sufficient return benefit.

A Type A general-law municipality has no statutory authority to attach a $1.50 charge to water bills to fund the costs of volunteer fire fighting services.

Opinion No. GA-0085

The Honorable Melanie Spratt-Anderson

Upton County Attorney

Rankin, Texas 79778

Re: Whether the Upton County Commissioners Court may maintain or work on private non- road property or sell county-owned dirt to private individuals for a reasonable fee (RQ-0015-GA)

S U M M A R Y

Article III, section 52f of the Texas Constitution expressly permits counties with a population of 5,000 or less to construct and maintain private roads if they impose a reasonable charge for the work. In the absence of a statute authorizing a county to maintain or work on private non-road property or a constitutional provision analogous to article III, section 52f, such activities are beyond a commissioners court's authority. Provided that county-owned dirt falls under the definition of either salvage or surplus property, subchapter D of chapter 263 of the Local Government Code would authorize the county to sell it.

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

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: July 8, 2003

Requests for Opinions

RQ-0071-GA

Requestor:

The Honorable Norma Chavez

Chair, Committee on Border and International Affairs

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Authority of a home-rule city to permit a city council member to participate in the municipal group health insurance program (Request No. 0071-GA)

Briefs requested by August 7, 2003

RQ-0072-GA

Requestor:

The Honorable Charles A. Rosenthal, Jr.

District Attorney, Harris County

1201 Franklin Street, Suite 600

Houston, Texas 77002

Re: Confinement of juvenile for contempt of court prior to a detention hearing; Reconsideration of Attorney General Opinion JC-0454 (2002) (Request No. 0072-GA)

Briefs requested by August 8, 2003

RQ-0073-GA

Requestor:

The Honorable Will Hartnett

Chair, Committee on Judicial Affairs

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Liability of school trustees who improperly pay the attorney's fees of a non-prevailing party: Clarification of Attorney General Opinion GA-0062 (2003) (Request No. 0073-GA)

Briefs requested by August 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-200304164

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: July 9, 2003