Re: Whether an amendment to section 16.012(m) of the Water Code, which repealed a provision that excepted certain water-use surveys from disclosure under the Public Information Act, applies to surveys obtained by the Texas Water Development Board prior to the amendment's effective date (RQ-0096-GA)

S U M M A R Y

Recently enacted House Bill 1378 amended section 16.012(m) of the Water Code to repeal a provision that excepted certain water-use surveys obtained by the Texas Water Development Board from disclosure under the Public Information Act. This amendment applies to all surveys obtained by the Board under section 16.012(m), including surveys obtained by the Board prior to the amendment's effective date. These surveys must now be disclosed under the Public Information Act unless some other exception to disclosure applies. To the extent this amendment has some retroactive effect, it does not violate article I, section 16 of the Texas Constitution.

Opinion No. GA-0150

The Honorable Michael A. McDougal

Montgomery County District Attorney

301 North Thompson, Suite 106

Conroe, Texas 77301-2824

Re: Whether the Town Center Improvement District of Montgomery County is authorized to enter into a contract with a city to provide law enforcement services in unincorporated areas of Montgomery County (RQ-0097-GA)

S U M M A R Y

The Town Center Improvement District of Montgomery County may not enter into a contract with a city to provide general law enforcement services outside the city's jurisdiction in unincorporated areas of Montgomery County.

Opinion No. GA-0151

The Honorable Harvey Hilderbran

Chair, State Cultural and Recreational Resources Committee

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether a person who purchases water from the Jonah Water Special Utility District but who resides in an area outside the district's boundaries is eligible to vote in a district election (RQ-0098-GA)

S U M M A R Y

In accordance with section 11.001 of the Election Code, a person who purchases water from a general-law conservation and reclamation district operating under chapters 49 and 65 of the Water Code, such as the Jonah Water Special Utility District, may vote in a district election only if he or she resides within the district's boundaries.

Opinion No. GA-0152

The Honorable Travis J. Koehn

Austin County Criminal District Attorney

One East Main

Bellville, Texas 77418-1598

Re: Whether a county clerk may charge a fee for posting an Open Meetings Act notice (RQ-0099-GA)

S U M M A R Y

A county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to post open meeting notices. See TEX. LOC. GOV'T CODE ANN. §118.011(c) (Vernon Supp. 2004). A county clerk may not charge governmental bodies a fee for retaining open meeting notices.

Opinion No. GA-0153

The Honorable Myles K. Porter

Fannin County Attorney

Fannin County Courthouse

101 East Sam Rayburn Drive, Suite 301

Bonham, Texas 75418

Re: Whether the Fannin County Commissioners Court may retain counsel to advise it on legal matters without the consent of the county attorney (RQ-0106-GA)

S U M M A R Y

Provided that it does not delegate duties constitutionally or statutorily vested in the county attorney's office, the Fannin County Commissioners Court may employ legal counsel to advise and represent it in civil matters, without securing the county attorney's consent. County funds dedicated by the constitution, a statute, or the terms of a grant to road construction and maintenance may not be allocated to other purposes.

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

TRD-200401413

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: February 25, 2004