RQ-0612-GA
Requestor:
The Honorable William J. Stroman, Jr.
Sterling County Attorney
Post Office Box 88
Sterling City, Texas 76951
Re: Authority of a commissioners court to grant a tax abatement to a wind generating firm for construction of wind turbines located on real property owned by a county commissioner (RQ-0612-GA)
Briefs requested by September 10, 2007
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200703613
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 14, 2007
Opinion No. GA-0561
Honorable R. Lowell Thompson
Navarro County Criminal District Attorney
Navarro County Courthouse
300 West Third Avenue, Suite 203
Corsicana, Texas 75110
Re: Authority of the Texas Alcoholic Beverage Commission or the City of Corsicana to regulate a business establishment that permits the possession and consumption of alcoholic beverages on a "BYOB" basis (RQ-0568-GA)
S U M M A R Y
Under the terms of the Texas Alcoholic Beverage Code, a pool hall may operate on a BYOB ("bring your own bottle") basis without a permit or license from the Texas Alcoholic Beverage Commission. Moreover, the City of Corsicana may not by municipal ordinance regulate the possession or consumption of alcoholic beverages within a pool hall that operates on a BYOB basis.
Opinion No. GA-0562
The Honorable Cindy Stormer
235th Judicial District Attorney
Cooke County Courthouse
Gainesville, Texas 76240
Re: Whether a district attorney may accept donations of funds (RQ-0571-GA)
S U M M A R Y
District attorneys generally are not authorized to accept funds donated to compensate their employees. A commissioners court is authorized to accept such donations, and a commissioners court's acceptance of such donations is necessary before the funds may be used to compensate a district attorney's employees.
A commissioners court that accepts funds donated on condition that the funds be used to compensate the district attorney's employees, but fails to use the funds for that purpose, risks revocation of the donation.
Opinion No. GA-0563
Mr. James A. Cox, Jr., Chair
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
Re: Eligibility for a manufacturer's or distributor's license under the Bingo Enabling Act, chapter 2001 of the Occupations Code (RQ-0573-GA)
S U M M A R Y
Under the Bingo Enabling Act, chapter 2001 of the Occupations Code, an applicant required to list in its application an individual who holds ten percent or more of an equitable or credit interest in a holding company that, in turn, holds an equitable or credit interest in another subsidiary manufacturer or distributor company, is not ineligible as a matter of law for a distributor's or manufacturer's license. Because the holding company and its subsidiary are treated as separate and distinct legal entities under Texas law, the individual does not hold, as a matter of law, an equitable or credit interest in the subsidiary bingo manufacturer or distributor by virtue of his or her equitable or credit interest in the holding company.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200703621
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 15, 2007