Opinions
Opinion No. GA-0447
Mr. Albert Hawkins
Executive Commissioner
Texas Health and Human Services Commission
Post Office Box 13247
Austin, Texas 78711
Re: Whether the Office for the Prevention of Developmental Disabilities
is an autonomous state agency or whether it is subject to oversight and control
by the Health and Human Services Commission (RQ-0434-GA)
S U M M A R Y
The Office for the Prevention of Developmental Disabilities is not subject
to the fiscal control and oversight of the Health and Human Services Commission.
The Office is expressly authorized to solicit funds such as private grant
funds. Because the Office does not provide services to physically or mentally
disabled persons, it is not authorized by article XVI, section 6(b) of the
Texas Constitution to spend private and public grants and donations without
specific legislative appropriation.
Opinion No. GA-0448
Mr. O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Post Office Box 12217
Austin, Texas 78711
Re: Applicability of chapter 711, Health and Safety Code, to a family cemetery
(RQ-0440-GA)
S U M M A R Y
A family is not a "cemetery organization" subject to section 711.034 of
the Texas Health and Safety Code.
Opinion No. GA-0449
The Honorable Armando R. Villalobos
Cameron County District Attorney
974 East Harrison
Brownsville, Texas 78520
Re: Whether premium payments for health insurance and car allowances provided
to the mayor and city commissioners of Brownsville constitute "compensation"
for purposes of the Brownsville City Charter (RQ-0445-GA)
S U M M A R Y
Premium payments for health insurance and car allowances provided to municipal
officials constitute "compensation." Because the attorney general does not
construe city charters, the issue of whether such compensation may be provided
to the mayor and city commissioners of Brownsville is within the discretion
of municipal officials.
Opinion No. GA-0450
The Honorable Joel D. Littlefield
Hunt County Attorney
Post Office Box 1097
Greenville, Texas 75403-1097
Re: Whether a county clerk is authorized, required, or permitted by statute
to file and record a common-law copyright (RQ-0449-GA)
S U M M A R Y
A county clerk may not file and record a common-law copyright.
For further information, please access the website
at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200604329
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 16, 2006