RQ-0725-GA
Requestor:
Mr. Robert Scott
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Whether subsection 11.051(a-1), Education Code, alters the common law rule for determining the number of votes necessary for a school district board of trustees to act in its official capacity (RQ-0725-GA)
Briefs requested by August 18, 2008
RQ-0726-GA
Requestor:
Mr. Dewey E. Helmcamp, III, J.D.
Texas Board of Veterinary Medical Examiners
333 Guadalupe, Suite 3-810
Austin, Texas 78701-3942
Re: Whether a complaint filed against a licensed veterinarian is subject to disclosure to the licensee and/or the general public (RQ-0726-GA)
Briefs requested by August 18, 2008
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200803756
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 23, 2008
Opinion No. GA-0647
Mr. James A. Cox, Jr., Chair
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
Re: Constitutionality of Government Code section 467.025(a)(5), which provides that a Lottery Commission member "may not . . . directly or indirectly coerce, attempt to coerce, command, or advise a person to pay, lend, or contribute anything of value to another person for political purposes," and its applicability in specific circumstances (RQ-0668-GA)
S U M M A R Y
Depending on the particular facts, Government Code section 467.025(a)(5) could apply to prohibit a member of the Lottery Commission from inviting a person to a political fundraising event, authorizing the inclusion of the member's name as a sponsor or host of a political fundraising event, or soliciting a contribution to a candidate for a federal office. The applicability of the statute does not depend on the current status of the candidate as a state officeholder.
A court would not likely find section 467.025(a)(5) unconstitutional on its face, although a court could possibly conclude that it is unconstitutional as applied in particular circumstances.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200803757
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: July 23, 2008