Attorney General

Request for Opinions

RQ-0608-GA

Requestor:

The Honorable Eddie Lucio, Jr.

Chair, Committee on International Relations and Trade

Texas State Senate

Post Office Box 12068

Austin, Texas 78711

Re: Applicability of the nepotism statutes after a child is born to the marriage of a city employee and the son of a city commissioner (RQ-0608-GA)

Briefs requested by September 4, 2007

RQ-0609-GA

Requestor:

The Honorable Homero Ramirez

Webb County Attorney

1110 Washington Street, Suite 301

Laredo, Texas 78042

Re: Retroactive application of section 11.168 of the Education Code (RQ-0609-GA)

Briefs requested by September 6, 2007

RQ-0610-GA

Requestor:

Mr. Thomas A. Davis, Jr., Director

Texas Department of Public Safety

Post Office Box 4087

Austin, Texas 78773-0001

Re: Constitutionality of section 521.032, Transportation Code, which permits the Department of Public Safety to issue an enhanced drivers license or personal identification certificate for the purpose of crossing the border between Texas and Mexico (Request No. 0610-GA)

Briefs requested by September 6, 2007

RQ-0611-GA

Requestor:

Mr. Steve Pena, Presiding Officer

Brazos River Authority

Post Office Box 7555

Waco, Texas 76714-7555

Re: Whether the Brazos River Authority may grant a discount off current lease rates for certain persons (Request No. 0611-GA)

Briefs requested by September 7, 2007

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

TRD-200703436

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: August 7, 2007


Opinions

Opinion No. GA-0559

The Honorable Raymond H. Reese

DeWitt County Attorney

307 North Gonzales Street

Cuero, Texas 77954

Re: Calculation of the "base year" from which to impose a tax freeze adopted by county voters in November 2005 (RQ-0575-GA)

S U M M A R Y

Texas Constitution article VIII, section 1-b(h) authorizes counties to adopt a tax limitation or "freeze" applicable to the residence homesteads of persons who are disabled or sixty-five years of age or older. The property taxes on a qualified residence homestead are limited in subsequent years to the amount of tax imposed in the base year. In DeWitt County, where the voters adopted the tax limitation, the limitation became effective and the base year was established without action by the commissioners court. For DeWitt County taxpayers whose residence homesteads qualified for the tax limitation in 2005, the base year is 2005.

Opinion No. GA-0560

The Honorable Steven M. Hollis

Jasper County Criminal District Attorney

121 North Austin Street, Room 101

Jasper, Texas 75951

Re: Whether the Justice Court Technology Fund may be used to purchase technology equipment and to provide training for constables (RQ-0569-GA)

S U M M A R Y

The Justice Court Technology Fund established under Code of Criminal Procedure article 102.0173 may be used only for technological enhancements for the justice court and continuing education and training for justice court judges and clerks regarding technological enhancements. Whether the purchase of a computer for a constable serves as a technological enhancement for the justice court is a fact question to be determined by the commissioners court in the first instance. The Fund may not, however, be used to finance continuing education and training for a constable.

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

TRD-200703435

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: August 7, 2007