Re: Criminal provisions applicable when a physician fails to comply with section 164.052(a)(18) of the Occupations Code, which restricts third-trimester abortions, and section 164.052(a)(19) thereof, which requires parental consent for abortion performed on unemancipated minors (Request No. 0501-GA)

Briefs requested by August 7, 2006

RQ-0502-GA

Requestor:

Mr. Mike Geeslin

Commissioner of Insurance

Texas Department of Insurance

Post Office Box 149104

Austin, Texas 78714-9104

Re: Whether the Department of Insurance may disclose the identity of insurers writing residential or commercial property insurance along the Texas coast (Request No. 0502-GA)

Briefs requested by August 7, 2006

RQ-0503-GA

Requestor:

The Honorable Jim Pitts

Chair, Committee on Appropriations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether section 11.168, Education Code, prohibits a municipality from imposing impact fees on a school district to help fund additional infrastructure made necessary by proposed new school district facilities (Request No. 0503-GA)

Briefs requested by August 7, 2006

RQ-0504-GA

Requestor:

The Honorable Rex Emerson

Kerr County Attorney

County Courthouse, Suite BA-103

700 Main Street

Kerrville, Texas 78028

Re: Whether a commissioners court may delegate non-statutorily assigned duties (Request No. 0504-GA)

Briefs requested by August 7, 2006

RQ-0505-GA

Requestor:

The Honorable Carlos Valdez

105th Judicial District Attorney

Nueces County Courthouse

901 Leopard, Room 206

Corpus Christi, Texas 78401-3681

Re: Whether a group of local officials denominated the "Jail Population Control Committee" is subject to the Open Meetings Act, chapter 551, Government Code (Request No. 0505-GA)

Briefs requested by August 10, 2006

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

TRD-200603702

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: July 12, 2006

Opinions

Opinion No. GA-0442

The Honorable John S. Holleman

Polk County Criminal District Attorney

Post Office Box 1717

Livingston, Texas 77351

Re: Whether a county auditor who violates Local Government Code section 84.007(b)(2) has committed "official misconduct" and whether a violation of section 84.007(b)(2) can be cured retroactively (RQ-0420-GA)

S U M M A R Y

A county auditor who has a personal interest in a county contract in violation of Local Government Code section 84.007(b)(2) may have committed "official misconduct" as this term is used in Local Government Code section 84.009, which provides for a county auditor's removal under certain circumstances. Whether a county auditor has committed official misconduct is for the district judges who appointed the county auditor to decide in the first instance. It is also within the district judges' discretion whether to proceed with removal

No law permits a county auditor to cure a violation of section 84.007(b)(2) through the auditor's subsequent action. Thus, a county auditor may not cure a violation of Local Government Code section 84.007(b)(2) by divesting himself of his interest in the county contract subsequent to the oath's violation.

Opinion No. GA-0443

Ms. Valeri Stiers Malone, Presiding Officer

Manufactured Housing Board

Texas Department of Housing and Community Affairs

Post Office Box 12489

Austin, Texas 78711-2489

Re: Whether a taxing unit has a tax lien on a manufactured home physically located in the unit's jurisdiction on January 1 of the tax year, regardless of how ownership is reflected on the records of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs; whether a tax lien must be filed with the Manufactured Housing Division to be enforceable against a manufactured home that has been properly designated as real property (RQ-0431-GA)

S U M M A R Y

A tax lien for taxes owed on a manufactured home attaches to the specific manufactured home and a taxing unit may perfect a tax lien on the home by filing a notice of the lien with the Manufactured Housing Division of the Texas Department of Housing and Community Affairs (the "MHD") not later than six months after the end of the year for which the tax is owed, even though the notice may reflect the name of the prior owner rather than the current owner as shown by the MHD's records. Notice of a tax lien on a manufactured home properly designated as real property need not be filed with the MHD to be enforceable.

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

TRD-200603705

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: July 12, 2006