Opinion No. GA-0391

The Honorable Ismael "Kino" Flores

Chair, Committee on Licensing and Administrative Procedures

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Mr. Gordon E. Landreth, AIA

Chair, Texas Board of Architectural Examiners

Post Office Box 12337

Austin, Texas 78711-2337

Re: Whether a professional engineer may prepare all plans and specifications for a public building described in Occupations Code section 1051.703(a) without engaging the services of a licensed architect (RQ-0360-GA)

S U M M A R Y

Chapters 1001 and 1051 of the Occupations Code maintain the practice of engineering and the practice of architecture as distinct professions. These chapters recognize that the two professions overlap concerning building design, but they do not precisely define the overlap's boundaries. On one hand, the provisions in chapter 1051 are subject to an exception for engineers engaged in the practice of engineering as defined in chapter 1001. On the other hand, neither the statutes nor Attorney General Opinion DM-161 establish that engineering includes all aspects of building design.

Chapters 1001 and 1051 of the Occupations Code do not provide a basis to answer categorically whether an engineer may comprehensively design a building without the involvement of an architect, and to that extent the Board of Professional Engineers' policy advisory opinion regarding building design, dated June 1, 2005, is not correct. Rather, the answer to that question will depend on whether the adequate performance of the particular service or work requires a person with engineering education, training, and experience. Whether adequate performance of a particular service or work requires a person with engineering education, training, and experience is a question of fact that cannot be resolved in the opinion process.

Opinion No. GA-0392

Mr. James Chastain, President

Bandera County River Authority and Groundwater District

Post Office Box 177

202 Twelfth Street

Bandera, Texas 78003

Re: Qualifications for members of the board of the Bandera County River Authority and Groundwater District (RQ-0367-GA)

S U M M A R Y

Election Code section 141.001(a) states the qualifications for serving as director of the Bandera County River Authority and Groundwater District. To be qualified for serving as a director of the district, an individual must have resided continuously in the state for 12 months and in the district and the single member precinct he seeks to represent for six months immediately preceding the applicable date set out in the Election Code provision. He is not required to own taxable property within the district or single member precinct he seeks to represent.

Opinion No. GA-0393

The Honorable Robert Duncan

Chair, Committee on State Affairs

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether a municipal chief of police may simultaneously serve as a trustee of an independent school district located within the geographical boundaries of the municipality (RQ-0368-GA)

S U M M A R Y

The Chief of Police of Hale Center, who serves at the pleasure of the Hale Center Board of Aldermen, is not prohibited by article XVI, section 40 of the Texas Constitution or the common-law doctrine of incompatibility from simultaneously serving as a member of the Board of Trustees of the Hale Center Independent School District.

Opinion No. GA-0394

The Honorable Dan W. Heard

Calhoun County Criminal District Attorney

Post Office Box 1001

Port Lavaca, Texas 77979

Re Whether a substitute teacher may receive compensation for serving as a member of a city council (RQ-0373-GA)

S U M M A R Y

A substitute teacher may receive compensation for serving as a member of a city council.

Opinion No. GA-0395

The Honorable Jim Pitts

Chair, Committee on Appropriations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Raymund A. Paredes, Ph.D.

Commissioner of Higher Education

Texas Higher Education Coordinating Board

Post Office Box 12788

Austin, Texas 78711-2788

Re: Whether section 61.222 of the Education Code authorizes the Texas Higher Education Coordinating Board to approve for participation in the tuition equalization grant program a private or independent college or university that does not have the same accreditation as public institutions of higher education (RQ-0374-GA)

S U M M A R Y

Section 61.222 of the Education Code does not authorize the Higher Education Coordinating Board to approve for participation in the tuition equalization grant program a private or independent college or university that does not have the same accreditation as public institutions of higher education. A college that is accredited by an entity that does not accredit public institutions of higher education does not meet the same accreditation as public institutions of higher education and the Coordinating Board is not authorized to approve such a college to participate in the program.

Opinion No. GA-0396

The Honorable Eddie Arredondo

Burnet County Attorney

Burnet County Courthouse

220 South Pierce

Burnet, Texas 78611

Re: Whether the state may continue to collect fines and court costs where no motion to adjudicate has been filed and the term of deferred adjudication has expired (RQ-0376-GA)

S U M M A R Y

Article 42.12, section 5(h) of the Code of Criminal Procedure authorizes a criminal court to exercise continuing jurisdiction over a defendant after the expiration of the community supervision period only in limited circumstances. Where no motion to adjudicate has been filed prior to the expiration of the community supervision period, article 42.12 does not authorize the state to pursue a defendant for past due fines and court costs with a capias pro fine .

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

TRD-200600937

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: February 22, 2006