TITLE attorney-general

Opinion No. GA-0154

The Honorable Matt Bingham

Smith County Interim Criminal District Attorney

100 North Broadway, 4th Floor

Tyler, Texas 75702

Re: Whether a commissioners court may delegate its authority under Local Government Code section 111.070(c) to amend the county budget by transferring amounts between budgeted items (RQ-0100-GA)

S U M M A R Y

A commissioners court may not delegate its authority under Local Government Code section 111.070(c) to amend the county budget by transferring amounts between budgeted items. To the extent the county budget specifies items within a departmental budget, the commissioners court may not delegate its authority to approve amendments to the county budget by transferring amounts between such items.

Opinion No. GA-0155

The Honorable Sonya Letson

Potter County Attorney

500 South Fillmore, Room 303

Amarillo, Texas 79101

Re: Whether it is a violation of article III, section 53 of the Texas Constitution for a county to pay court reporters a fee for a transcript in addition to the court reporter's salary (RQ-0101-GA)

S U M M A R Y

Sections 52.051 of the Government Code and 152.011 of the Local Government Code authorize a district court reporter and a county court at law court reporter, respectively, to be paid a salary. Additional fees charged under sections 52.047 and 52.059 of the Government Code do not constitute extra compensation in violation of article III, section 53 of the Texas Constitution. A county may be required to pay for a transcript prepared by a court reporter when the county itself is a party to litigation or when the transcript is prepared for an indigent pursuant to the Texas Rules of Appellate Procedure.

Opinion No. GA-0156

The Honorable Marsha Monroe

Terrell County Attorney

Terrell County Courthouse

105 East Hackberry

Sanderson, Texas 79848

Re: Whether Terrell County may expend venue-project sales and use taxes collected under chapter 334 of the Local Government Code for certain improvements (RQ-0103-GA)

S U M M A R Y

The terms of the election pursuant to which the Terrell County voters approved the venue- project tax for park improvements constitute a contract with the voters, and Terrell County is authorized to use venue-project funds for improvements outlined in the current Expenditure Plan only if the improvements are consistent with the election orders.

Improvements proposed by Terrell County constitute a "venue project," as defined by Local Government Code section 334.001(3), (4)(B), and (5), only if Terrell County intends to develop and construct a convention center facility and to undertake other improvements and infrastructure in conjunction with the development and construction of the convention center facility, and if the other improvements are related improvements located in the convention center facility's vicinity or infrastructure that relate to and enhance the convention center facility.

Opinion No. GA-0157

The Honorable Jeri Yenne

Brazoria County Criminal District Attorney

County Courthouse

111 East Locust, Suite 408A

Angleton, Texas 77515

Re: Whether the offense of "racing on the highway" under section 545.420 of the Transportation Code, when committed by a juvenile, is "delinquent conduct," "conduct indicating a need for supervision," or a "traffic offense," as those terms are defined by the Family Code (RQ-0105-GA)

S U M M A R Y

Operation of a vehicle on a highway in violation of section 545.420 of the Transportation Code "racing on the highway" by a person younger than seventeen years of age is a violation of section 729.001 of the Transportation Code, and under the Family Code is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision within the jurisdiction of the juvenile court. A violation of section 729.001 is within the jurisdiction of justice and municipal courts.

Opinion No. GA-0158

The Honorable Matt Bingham

Smith County Interim Criminal District Attorney

100 North Broadway, 4th Floor

Tyler, Texas 75702

Re: Whether a county may place on county-owned vehicles a decal, trademark, or logo advertising a private business in exchange for money from the business (RQ-0095-GA)

S U M M A R Y

Section 721.004 of the Transportation Code provides a list of the minimum types of identifying marks that must be printed on a nonexempt county-owned vehicle. Attorney General Letter Opinion 97-112's construction of section 721.005 is overruled.

Inscriptions other than those described in section 721.004 may be printed on a county-owned vehicle, but they may not obscure the required identifying marks or make identification of the vehicle difficult.

A county has no authority to place decals advertising private businesses on county-owned vehicles in exchange for a payment from the business.

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: March 3, 2004