TITLE attorney-general

Request for Opinions

RQ-0498-GA

Requestor:

The Honorable Norma Chavez

Chair, Committee on Border and International Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Authority of a district or county clerk to establish an online electronic database accessible to the public (Request No. 0498-GA)

Briefs requested by July 14, 2006

RQ-0499-GA

Requestor:

Mr. C. Tom Clowe, Jr., Chair

Texas Lottery Commission

Post Office Box 16630

Austin, Texas 78761-6630

Re: Whether a licensed bingo organization may provide health care insurance for its employees and their dependents (Request No. 0499-GA)

Briefs requested by July 14, 2006

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

TRD-200603387

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 20, 2006


Opinions

Opinion No. GA-0437

The Honorable Carole Keeton Strayhorn

Texas Comptroller of Public Accounts

Post Office Box 13528

Austin, Texas 78711-3528

Re: Maximum salary payable to a district judge under section 659.012 of the Government Code (RQ-0419-GA)

S U M M A R Y

Under section 659.012 of the Government Code, the maximum lawful amount payable to a state district judge is $140,000.

Opinion No. GA-0438

Mr. James R. Huffines

Chair, Board of Regents

The University of Texas System

201 West Seventh Street

Austin, Texas 78701-2902

Mr. John D. White

Chair, Board of Regents

The Texas A&M University System

Post Office Box C-1

College Station, Texas 77844-9021

Re: Whether The University of Texas System and The Texas A&M University System may promulgate rules setting a dollar amount under which the university systems may procure printing services without a competitive bidding process (RQ-0428-GA)

S U M M A R Y

The University of Texas System and The Texas A&M University System may "acquire goods or services as provided by" Government Code, chapter 2155 and rules of the Texas Building and Procurement Commission adopted thereunder. TEX. EDUC. CODE ANN., §51.9335(d) (Vernon Supp. 2005). In the alternative, the university systems may adopt a rule that sets a dollar amount under which the system may procure printing services using an open market purchase instead of a competitive procurement procedure. See id . §§51.9335(a)(5) (Vernon Supp. 2005), 65.31(c), 85.21(a) (Vernon 2002).

The phrase "under such regulations as shall be prescribed by law" in article XVI, section 21 of the Texas Constitution, which provides that all "printing . . . shall be performed under contract, to be given to the lowest responsible bidder . . . under such regulations as shall be prescribed by law," authorizes the legislature or a state agency, such as a university system, with appropriate rule-making authority to adopt a rule that establishes a dollar amount under which a university system may procure printing services without a competitive bidding process. TEX. CONST., art. XVI, §21.

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

TRD-200603375

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 20, 2006