Re: Tax status of a partnership between a private commercial enterprise and an economic development corporation created under section 4B of article 5190.6 Vernon's Texas Civil Statutes, the Economic Development Corporation Act of 1979 (Request No. 0490-GA)

Briefs requested by June 30, 2006

RQ-0491-GA

Requestor:

The Honorable Bruce Isaacks

Denton County Criminal District Attorney

Post Office Box 2850

Denton, Texas 76202

Re: Whether the $37 filing fee adopted by House Bill 11, Seventy-ninth Legislature, Second Called Session, should be charged in bond forfeiture cases (Request No. 0491-GA)

Briefs requested by June 30, 2006

RQ-0492-GA

Requestor:

The Honorable Robert E. Talton

Chair, Committee on Urban Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Release of a towed vehicle from a vehicle storage facility (Request No. 0492-GA)

Briefs requested by June 30, 2006

RQ-0493-GA

Requestor:

The Honorable Bruce Isaacks

Denton County Criminal District Attorney

Post Office Box 2344

Denton, Texas 76209

Re: Circumstances under which a county is required to pay for the employment of a guardian ad litem appointed by a court in a family law matter to which a governmental body is not a party (Request No. 0493-GA)

Briefs requested by June 30, 2006

RQ-0494-GA

Requestor:

The Honorable Burt Solomons

Chair, Committee on Financial Institutions

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the Board of Chiropractic Examiners may permit candidates for a chiropractic license to complete college courses at a chiropractic college that has been accredited by the Southern Association of Colleges and Schools or a similar agency (Request No. 0494-GA)

Briefs requested by July 1, 2006

RQ-0495-GA

Requestor:

The Honorable Leticia Van de Putte, R.Ph.

Chair, Committee on Veteran Affairs and Military Installations

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether golf carts and tractors are "motor vehicles" for purposes of the Texas Tort Claims Act, chapter 101, Civil Practices and Remedies Code (Request No. 0495-GA)

Briefs requested by July 1, 2006

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

TRD-200603071

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 7, 2006

Opinions

Opinion No. GA-0431

The Honorable Robert E. Talton

Chair, Committee on Urban Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether a municipality that adopts its budget by ordinance must adopt budget amendments by ordinance (RQ-0414-GA)

S U M M A R Y

A municipality may amend an ordinance only by adopting an act of equal dignity. Thus a municipality that adopts its budget by ordinance may not amend the budget by adopting a resolution, motion, or order.

A municipal governing body may expend funds only in strict compliance with an adopted budget "except in an emergency." TEX. LOC. GOV'T CODE ANN. §102.009(b) (Vernon 1999). Even in the absence of an emergency, however, a municipal governing body may change the budget "for municipal purposes." Id. §102.010.

Opinion No. GA-0432

Mr. William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Post Office Box 12157

Austin, Texas 78711-2157

Re: Whether there is an irreconcilable conflict between portions of two bills enacted by the Seventy-ninth Legislature with regard to sterilization requirements for certain barbering and cosmetology services (RQ-0415-GA)

S U M M A R Y

A barber or cosmetologist who treats nails, hands, or feet under chapter 1601 or chapter 1602 of the Occupations Code must sterilize nondisposable instruments with an autoclave. Likewise, the owner or manager of a barber or cosmetology shop or school must provide an autoclave for the sterilization of nondisposable instruments.

Opinion No. GA-0433

The Honorable David Swinford

Chair, Committee on State Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Validity of a charter provision that permits a home-rule city to amend its charter by ordinance (RQ-0416-GA)

S U M M A R Y

An amendment to a home-rule city charter that purports to grant authority to the city to amend its charter by ordinance is void because it is inconsistent with article XI, section 5 of the Texas Constitution, which requires all charter amendments to be approved by a majority of qualified voters in the city. Thus, a charter amendment adopted by ordinance is invalid.

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

TRD-200603019

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 2, 2006

Opinion No. GA-0434

The Honorable Kip Averitt

Chair, Committee on Natural Resources

Texas State Senate

Post Office Box 12068 Austin, Texas 78711-2068

Re: Authority of the El Paso Water Utilities Public Service Board to set an impact fee for new development in the City of El Paso and its extraterritorial jurisdiction (RQ-0417-GA)

S U M M A R Y

The El Paso Water Utilities Public Service Board is not authorized to establish an impact fee for water and wastewater infrastructure for new development in the City of El Paso and its extraterritorial jurisdiction. Local Government Code chapter 395 vests in the City of El Paso the sole authority to adopt such impact fees. If the El Paso City Council approves the imposition of impact fees for water and wastewater infrastructure in the city and its extraterritorial jurisdiction, it may delegate ministerial authority to the El Paso Water Utilities Public Service Board to collect those fees.

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

TRD-200603072

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 7, 2006