RQ-0691-GA
Requestor:
The Honorable Beverly Woolley
Chair, Committee on Calendars
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Whether the Texas Association of Appraisal Districts is a "governmental body" for purposes of chapter 552, Government Code, the Public Information Act (RQ-0691-GA)
Briefs requested by May 5, 2008
RQ-0692-GA
Requestor:
The Honorable Sid Miller
Chair, Committee on Agriculture & Livestock
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Whether a state university that charges its students a medical services fee, or its equivalent, may use a portion of that fee as a prepaid co-payment (RQ-0692-GA)
Briefs requested by May 9, 2008
RQ-0693-GA
Requestor:
Dr. Raymund A. Paredes
Commissioner of Higher Education
Texas Higher Education Coordinating Board
Post Office Box 12788
Austin, Texas 78711-2788
Re: Whether the Higher Education Coordinating Board's standard method of calculating high school grade point averages must be followed by independent school districts (RQ-0693-GA)
Briefs requested by May 9, 2008
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200801893
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 9, 2008
Opinion No. GA-0611
The Honorable Wayne Smith
Chair, Committee on County Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether chapter 572, Government Code, relating to the filing of personal financial statements, is applicable to the board members of the Tobacco Settlement Permanent Trust Account Investment Advisory Committee (RQ-0626-GA)
S U M M A R Y
Chapter 572, Texas Government Code, relating to the filing of financial statements, is not applicable to the board members of the Tobacco Settlement Permanent Trust Account Investment Advisory Committee.
Opinion No. GA-0612
The Honorable Joe Driver
Chair, Committee on Law Enforcement
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether a municipality must pay a fire fighter or police officer for an appearance as a witness in a civil service hearing before a hearing examiner when the fire fighter or police officer is subpoenaed in his or her capacity as a fire fighter or police officer and testifies during time off (RQ-0633-GA)
S U M M A R Y
Under section 142.009 of the Local Government Code, a municipality is required to "pay a fire fighter or police officer for an appearance as a witness in a criminal or civil suit in which the municipality or political subdivision or government agency is a party in interest if the appearance: (1) is required; (2) is made on time off; and, (3) is made by the fire fighter or police officer in the capacity of a fire fighter or police officer." In section 142.009, the Legislature did not provide, however, that a municipality is required to pay a fire fighter or police officer for an appearance as a witness in a civil service hearing before a hearing examiner when the fire fighter or police officer is subpoenaed in his or her capacity as a fire fighter or police officer and testifies during time off.
Opinion No. GA-0613
Mr. Kenneth Magidson
Harris County District Attorney
1201 Franklin Street, Suite 600
Houston, Texas 77002
Re: Authority of the Harris County Commissioners Court to lease or purchase a juvenile detention center in Colorado County and to use funds forfeited to the district attorney to pay for the transaction (RQ-0631-GA)
S U M M A R Y
Pursuant to Human Resources Code section 63.017(a), the Harris County Commissioners Court may purchase or lease a juvenile detention facility in another county. The Harris County District Attorney may not use asset forfeiture funds to help purchase the juvenile detention facility for the county, because providing a juvenile detention facility is not an official purpose of that office under Code of Criminal Procedure article 59.06(c)(1) and is therefore not an authorized use of those funds.
Opinion No. GA-0614
Mr. Robert Scott
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Whether a proposed rule of the State Board for Educator Certification that relates to certification eligibility of persons with criminal convictions is "preempted" by section 21.060 of the Education Code (RQ-0634-GA)
S U M M A R Y
The list of criminal offenses that relate to the duties and responsibilities of the education profession in section 21.060, Education Code, is nonexclusive. As a result, we do not construe section 21.060 to preclude the State Board for Educator Certification (SBEC) from applying or amending its rules to include offenses it deems to be directly related to the education profession pursuant to section 53.025, Occupations Code, and that adds to the list of offenses enumerated in section 21.060. SBEC's authority to take action against a person for an offense listed in section 21.060 is discretionary.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200801892
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 9, 2008