Request for Opinions
RQ-0231-GA
Requestor:
Mr. Geoffrey S. Connor
Texas Secretary of State
Post Office Box 12697
Austin, Texas 78711-2697
Re: Applicability of the Open Meetings Act, Chapter 551, Government Code,
to examinations conducted by voting machine examiners (Request No. 0231-GA)
Briefs requested by July 16, 2004
RQ-0232-GA
Requestor:
Mr. Thomas A. Davis Jr., Director
Texas Department of Public Safety
Post Office Box 4087
Austin, Texas 78773-0252
Re: Applicability of §1702.323(e) of the Occupations Code to paralegals
and others who perform work under the direct supervision of an attorney (Request
No. 0232-GA)
Briefs requested by July 17, 2004
RQ-0233-GA
Requestor:
The Honorable Joe Driver
Chair, Committee on Law Enforcement
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
The Honorable Robert Duncan
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Licensing requirements under the Texas Electrical Safety and Licensing
Act (Request No. 0233-GA)
Briefs requested by July 17, 2004
RQ-0234-GA
Requestor:
The Honorable Donna R. Bennett
173rd Judicial District Attorney
109 West Corsicana, Suite 103
Athens, Texas 75751
Re: Whether a district attorney may simultaneously hold a part-time teaching
position at a community college (Request No. 0234-GA)
Briefs requested by July 21, 2004
RQ-0235-GA
Requestor:
Mr. Paul D. Cook
Acting Executive Director
Texas Board of Professional Engineers
1917 IH-35 South
Austin, Texas 78741
Re: Validity of documents prepared by a licensed engineer who is employed
by a company that is not itself registered with the Board of Professional
Engineers (Request No. 0235-GA)
Briefs requested by July 21, 2004
RQ-0236-GA
Requestor:
The Honorable Fred Hill
Chair, Committee on Local Government Ways and Means
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether the placement of a one-party foreclosable contractual lien
on real property supersedes the homestead rights created by Article 16, §50
of the Texas Constitution (Request No. 0236-GA)
Briefs requested by July 22, 2004
For further information, please access the web
site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200404167
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 22, 2004
Opinion No. GA-0204
Ms. Shirley Neeley, Ed.D.
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701
Re: Whether a public school teacher may be awarded compensation under the
statutory Advanced Placement Incentive Program (RQ-0151-GA)
SUMMARY
An Advanced Placement Incentive Program payment to a public school teacher
under §521.126 of the Education Code serves a public purpose. A public
school teacher under an existing contract may not be awarded such a payment
unless (1) the teacher provides additional consideration in return, or (2)
the teacher's contract expressly provides for the possibility of such additional
compensation. A teacher may receive such a payment as part of compensation
in contracts executed after June 20, 2003, the effective date of the statute.
Opinion No. GA-0205
The Honorable Mike Stafford
Harris County Attorney
1019 Congress, 15th Floor
Houston, Texas 77002-1700
Re: Whether a juvenile board may designate a juvenile probation department
as the office authorized to determine whether to defer prosecution of a child
referred to juvenile court for certain nonviolent misdemeanor offenses (RQ-0152-GA)
SUMMARY
A juvenile board may, without contravening Article V, Section 21 or Article
II, Section 1 of the Texas Constitution, designate a juvenile probation department
as the office with the authority to defer prosecution of a child referred
to juvenile court for certain nonviolent misdemeanor offenses.
Opinion No. GA-0206
The Honorable Bill R. Turner
Brazos County District Attorney
300 East 26th Street, Suite 310
Bryan, Texas 77803
Re: Whether the Bryan Business Council, Inc. is subject to the Open Meetings
Act, Chapter 551 of the Government Code (RQ-0155-GA)
SUMMARY
The Bryan Business Council, Inc. is not a "governmental body" within the
terms of the Open Meetings Act, Chapter 551 of the Government Code.
For further information, please access the web
site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200404168
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 22, 2004
Opinions