Request for Opinions
RQ-0349-GA
Requestor:
Mr. Wayne Thorburn, Administrator
Texas Real Estate Commission
Post Office Box 12188
Austin, Texas 78711-2188
Re: Whether certain committees and subcommittees of the Texas Real Estate
Commission may conduct public meetings by telephone conference call under
the Open Meetings Act, chapter 551, Government Code (RQ-0349-GA)
Briefs requested by July 23, 2005
RQ-0350-GA
Requestor:
The Honorable Ken Armbrister
Chair, Natural Resources Committee
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Whether a school trustee whose term is expiring may vote for himself
to fill a vacant position on the board of trustees (RQ-0350-GA)
Briefs requested by July 23, 2005
RQ-0351-GA
Requestor:
Ms. Sherri Sanders, Interim Executive Director
State Board of Dental Examiners
333 Guadalupe
Tower 3, Suite 800
Austin, Texas 78701-3942
Re: Construction of and constitutionality of a rider to the 2006-07 appropriation
to the State Board of Dental Examiners (RQ-0351-GA)
Briefs requested by July 23, 2005
For further information, please access the website
at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200502666
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 28, 2005
Opinion No. GA-0336
The Honorable Mark E. Price
San Jacinto County Criminal District Attorney
1 State Highway 150, Room 21
Coldspring, Texas 77331
Re: Whether a justice of the peace may establish a standing pool of qualified
volunteers to serve for jury duty (RQ-0306-GA)
S U M M A R Y
Chapter 62 of the Government Code provides broadly for summoning juries
for trial in a justice court. Articles 45.027 and 45.028 of the Code of Criminal
Procedure additionally provide for summoning a jury for a criminal trial in
a justice court. For the trial of a criminal matter, a justice court may utilize
the procedures in either chapter 62 of the Government Code or articles 45.027
and 45.028 of the Code of Criminal Procedure. While articles 45.027 and 45.028
do not prohibit utilizing a pool of volunteers for empaneling a venire, such
a method must guard against a due process challenge that it systematically
excludes a distinctive group in the community from the venire.
For further information, please access the website
at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200502678
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: June 29, 2005
Opinion