Opinions
Opinion No. GA-0022
Mr. Thomas A. Davis, Jr., Director Texas Department of Public Safety, 5805
North Lamar Boulevard, P.O. Box 4087, Austin, Texas 78773-0001
Re: Whether the Department of Public Safety is authorized to inspect a
rebuilt vehicle for which a Texas Salvage Certificate has been issued before
the Department of Transportation issues a regular certificate of title for
the vehicle (RQ-0588-JC)
S U M M A R Y
Under chapter 501 of the Transportation Code, a vehicle that has been issued
either a nonrepairable motor vehicle certificate of title or a salvage motor
vehicle certificate of title and that has been rebuilt may be issued a new,
regular certificate of title by the Department of Transportation only if the
vehicle has been inspected by the Department of Public Safety. The Department
of Transportation has provided by rule for a third type of title, a "Texas
Salvage Certificate," for other damaged vehicles.
See
43 TEX. ADMIN. CODE §17.8(b)(1)(C), (2)(C) (2002). The Department
of Public Safety lacks authority to inspect vehicles with Texas Salvage Certificates
before they are issued regular certificates of title by the Department of
Transportation.
Opinion No. GA-0023
The Honorable Robert Duncan, Chair, Jurisprudence Committee, Texas State
Senate, Post Office Box 12068, Austin, Texas 78711-2068
Re: Whether the use of motor-vehicle-registration fees to fund trauma facilities
contravenes article VIII, section 7-a of the Texas Constitution (RQ-0589-JC)
S U M M A R Y
Article VIII, section 7-a of the Texas Constitution does not, as a matter
of law, authorize the use of motor-vehicle-registration fees to fund trauma
facilities.
Opinion No. GA-0024
The Honorable Susan D. Reed, Bexar County, Criminal District Attorney,
Bexar County Justice Center, 300 Dolorosa, Fifth Floor, San Antonio, Texas
78205-3030
Re: Whether a county clerk may issue a marriage license to two absent applicants
(RQ-0590-JC)
S U M M A R Y
Based upon the plain language of section 2.006 of the Family Code, a county
clerk may issue a marriage license to two absent applicants who are unable
to appear personally before the clerk when each applicant follows the procedures
set forth in sections 2.006 and 2.007 of the Family Code. Under those procedures,
an applicant for a marriage license is not required to apply in person for
the license; "any adult person or the other applicant" may apply before the
county clerk on behalf of the absent applicant. TEX. FAM. CODE ANN. §§
2.006, 2.007 (Vernon 1998).
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at (512) 463-2110.
TRD-200301539
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: March 4, 2003
Opinion No. GA-0025
The Honorable Carlos Uresti Chair, Human Services Committee Texas House
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether a home-rule municipality may adopt instant runoff voting (RQ-0591-JC)
S U M M A R Y
State law preempts a home-rule municipality's adoption of instant runoff
voting. A home- rule municipality that is subject to section 275.002 of the
Election Code or article XI, section 11 of the Texas Constitution is not authorized
to adopt instant runoff voting. Instant runoff voting is irreconcilably inconsistent
with statutes requiring a municipality, in the event no candidate receives
a majority of the votes cast, to conduct a runoff election at a later date.
Opinion No. GA-0026
The Honorable Jerry Patterson Commissioner Texas General Land Office, 1700
North Congress Avenue, Austin, Texas 78701-1495
Re: Whether foreclosed properties in the Veterans' Housing Assistance Program
are exempt from ad valorem property taxes (RQ-0594-JC)
S U M M A R Y
Foreclosed properties held by the Veterans' Land Board under the Veterans'
Housing Assistance Program, which authorizes use of public funds to make home
mortgage loans to qualified veterans for housing, are exempt from ad valorem
property taxes while they are owned and held by the Board pending resale.
Opinion No. GA-0027
The Honorable Eugene D. Taylor, Williamson County Attorney, Williamson
County Courthouse, MLK #7 Georgetown, Texas 78626
Re: Whether a "member of a fire or police department" in section 142.0013
of the Local Government Code includes employees other than fire protection
personnel or licensed peace officers (RQ-0595-JC)
S U M M A R Y
Local Government Code section 142.0013, which regulates the hours of labor
and vacation of a member of a fire or police department in certain municipalities,
applies only to a member of a fire department, as defined by section 142.010(a)
of the Code, or a member of a police department, as defined by section 142.010(b).
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at (512) 463-2110.
TRD-200301568
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: March 5, 2003
RQ-0018-GA
The Honorable Ronald D. Hankins, Somervell County Attorney, P.O. Box 1335,
Glen Rose, Texas 76043
Re: Authority of a county commissioners court to partially close or, alternatively,
limit truck traffic on a county road (Request No. 0018-GA)
Briefs requested by March 30, 2003
RQ-0019-GA
The Honorable James L. Anderson, Jr., Aransas County Attorney, 301 North
Live Oak Street, Rockport, Texas 78382
Re: Whether a county commissioner may lease real property from his county
(Request No. 0019-GA)
Briefs requested by March 30, 2003
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at (512) 463-2110.
TRD-200301538
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: March 4, 2003
Request for Opinions