TITLE attorney-general

Opinions

Opinion No. GA-0086

The Honorable Eugene D. Taylor

Williamson County Attorney

Williamson County Courthouse Annex, Second Floor

405 Martin Luther King, Box 3

Georgetown, Texas 78626

Re: Whether the Hutto Economic Development Corporation may pay for construction of a hippopotamus statue as a promotional purpose (RQ-0038-GA)

S U M M A R Y

Whether a hippopotamus statue would serve a Hutto Economic Development Corporation ("HEDC") promotional purpose is a question of fact for the HEDC board of directors to resolve in the first instance, subject to judicial review and the supervisory authority of the Hutto City Council. The City Council may disapprove an HEDC expenditure for the statue. The HEDC may not spend more than ten percent of its current annual revenues for promotional purposes in any given year. In addition, unexpended revenues specifically set aside for promotional purposes in past years may be expended for such purposes.

Opinion No. GA-0087

The Honorable Eddie Lucio, Jr.

Chair, Senate Committee on

International Relations and Trade

Texas State Senate

P.O. Box 12068

Austin, Texas 78711

Re: Whether a legislator may engage in a business providing consulting, marketing, and public relation services to business clients that have dealings with local and federal officials and local governmental bodies (RQ-0016-GA)

S U M M A R Y

Constitutional and statutory standards of conduct for public officials do not categorically prohibit a state legislator from representing a client's interests before local and federal officials, and local governmental bodies. Whether a particular transaction or communication would violate constitutional or statutory standards of conduct depends on the specific facts of the case.

Opinion No. GA-0088

The Honorable Ronald D. Hankins

Somervell County Attorney

P.O. Box 1335

Glen Rose, Texas 76043

Re: Authority of a county commissioners court partially to close or, alternatively, limit truck traffic on a county road (RQ-0018-GA)

S U M M A R Y

A commissioners court may not impose additional regulations with regard to weight on trucks granted an overweight certificate by the Texas Department of Transportation, but may ban all through truck traffic on a portion of a county road. A commissioners court may not discontinue a public road until a road designated to replace that to be discontinued is ready to replace it. However, the court may abandon or vacate such a road without replacing it.

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

TRD-200304293

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: July 15, 2003


Request for Opinions

RQ-0074-GA

Requestors:

Mr. Jose Montemayor

Commissioner of Insurance

Texas Department of Insurance

P.O. Box 149104

Austin, Texas 78714-9104

The Honorable Rodney Ellis

Chair, Government Organization Committee

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-2068

Re: Constitutionality of sections 2A and 2B of article 21.74, Insurance Code, which establishes a "Holocaust Registry" within the Texas Department of Insurance, and requires insurers who sold policies to "holocaust victims" to file certain information with, or make certification to, the Department (Request No. 0074-GA)

Briefs requested by August 11, 2003

RQ-0075-GA

Requestor:

The Honorable David K. Walker

Montgomery County Attorney

210 West Davis, Suite 400

Conroe, Texas 77301

Re: Whether a bail bond licensee may operate under one or more assumed names, and whether a bail bond board may regulate the number of names under which a licensee operates (Request No. 0075-GA)

Briefs requested by August 11, 2003

RQ-0076-GA

Requestor:

The Honorable Joe F. Grubbs

Ellis County and District Attorney

Temporary Administration Building

1201 North Highway 77, Suite B

Waxahachie, Texas 75165-5140

Re: Whether a mayor may simultaneously serve as a county purchasing agent (Request No. 0076-GA)

Briefs requested by August 15, 2003

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

TRD-200304292

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: July 15, 2003