TITLE attorney-general

Request for Opinions

RQ-0176-GA (Republished)

Requestor:

Stephen D. Thomas

Executive Director

Texas Residential Construction Commission

P.O. Box 13144

Austin, Texas 78711

Re: Whether persons who register under a municipal ordinance to perform home repairs within the municipality are exempted from provisions of Property Code, Chapter 416; whether Texas Residential Construction Commission may seek to enjoin builders who have not obtained a certificate of registration from the Commission (Request No. 0176-GA)

Briefs requested March 18, 2004

RQ-0182-GA

Requestor:

The Honorable Bryan Goertz

Bastrop County Criminal District Attorney

804 Pecan Street

Bastrop, Texas 78602

Re: Deadline for completion of a certified subdivision regulation agreement between a city and a county under §242.0015 of the Local Government Code (Request No. 0182-GA)

Briefs requested March 27, 2004

RQ-0183-GA

Requestor:

The Honorable Phil King

Chair, Regulated Industries Committee

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Effect of newly adopted Article XVI, Section 66, Texas Constitution, on certain municipal employees who are required to accept medical retirement (Request No. 0183-GA)

Briefs requested by April 1, 2004

RQ-0184-GA

Requestor:

The Honorable Jeff Wentworth

Chair, Jurisprudence Committee

Texas State Senate

P.O. Box 12068

Austin, Texas 78711

Re: Whether a student fee advisory committee established under §54.5031, Education Code, is subject to the Open Meetings Act, Chapter 551, Government Code (Request No. 0184-GA)

Briefs requested by April 3, 2004

RQ-0185-GA

Requestor:

The Honorable Yolanda De Leon

Cameron County and District Attorney

Cameron County Courthouse

974 East Harrison Street

Brownsville, Texas 78520

Re: Whether a county may acquire property for the exclusive interment of deceased paupers (Request No. 0185-GA)

Briefs requested by April 1, 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-200401792

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 9, 2004


Opinions

Opinion No. GA-0159

Mr. William Treacy

Executive Director

Texas State Board of Public Accountancy

333 Guadalupe, Tower III, Suite 900

Austin, Texas 78701-3900

Re: Whether section 901.405(e) of the Occupations Code requires a person whose license to practice public accountancy has been expired for two years or more to obtain a new certificate, for which an examination is required (RQ-0102-GA)

S U M M A R Y

Section 901.405(e) of the Occupations Code, under which a person whose accounting license has been expired for two years or more may not renew the license but may obtain a "new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license," requires the person to obtain a new license, but not a new certificate. The statutory phrase "including the examination requirements" does not require the person to undergo a certification examination.

Opinion No. GA-0160

The Honorable Chris Harris

Chair, Committee on Administration

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-0268

Re: Determination of the minimum number of signatures required on a petition for a local option election under the Alcoholic Beverage Code (RQ-0107-GA)

S U M M A R Y

Suspense list voters may not be included in determining the minimum number of required signatures for a local option alcohol petition. An election official does not have discretion to adopt rules for calculating the minimum number of signatures required for a local option alcohol petition.

Opinion No. GA-0161

The Honorable Ken Armbrister

Chair, Natural Resources Committee

Texas State Senate

P.O. Box 12068

Austin, Texas 78711

Re: Whether a municipal court may reschedule a qualified, nonexempt prospective juror's jury service for medical or hardship reasons without requiring the veniremember to appear in court (RQ-0109-GA)

S U M M A R Y

A municipal court may adopt a policy under which it may reschedule a qualified, nonexempt prospective juror's jury service for medical or hardship reasons without requiring the veniremember to appear in court.

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

TRD-200401819

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 10, 2004