RQ-0664-GA
Requestor:
The Honorable Geoffrey I. Barr
Comal County Criminal District Attorney
150 North Seguin Avenue, Suite 307
New Braunfels, Texas 78130
Re: Authority of a county and/or a municipality to impose and enforce density regulations (RQ-0664-GA)
Briefs requested by February 22, 2008
RQ-0665-GA
Requestor:
The Honorable Chris Taylor
Tom Green County Attorney
122 West Harris Avenue
San Angelo, Texas 76903
Re: Whether the conduct of a constable implicates the resign-to-run provisions of article XVI, section 65, of the Texas Constitution (RQ-0665-GA)
Briefs requested by February 25, 2008
RQ-0666-GA
Requestor:
The Honorable Laurie K. English
112th Judicial District Attorney
Post Office Box 1187
Crockett County Courthouse
Ozona, Texas 76943
Re: Meaning of the term "previously captured" for purposes of section 42.092, Penal Code, which prohibits cruelty to non-livestock animals (RQ-0666-GA)
Briefs requested by February 26, 2008
RQ-0667-GA
Requestor:
The Honorable Kim Brimer
Chair, Committee on Administration
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Extent of a worker's lien by an automotive repair shop under section 70.001, Property Code (RQ-0667-GA)
Briefs requested by February 25, 2008
RQ-0668-GA
Requestor:
Mr. James A. Cox, Jr., Chair
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
Re: Constitutionality of section 467.025(a)(5), Government Code, and its applicability to members of the Lottery Commission (Request No. 0668-GA)
Briefs requested by February 29, 2008
For further information, please access the Web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200800511
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 29, 2008
Opinion No. GA-0599
Mr. Steve Pena, Presiding Officer
Brazos River Authority
Post Office Box 7555
Waco, Texas 76714-7555
Re: Whether the Brazos River Authority may discount and freeze current lease rates for lessees over 65 years of age (RQ-0611-GA)
S U M M A R Y
We find no statutory provision in either the Brazos River Authority's enabling legislation or applicable general laws that specifically prohibits a discounted lease rate and freeze for certain lessees.
As to article III, section 52(a) of the Texas Constitution, it does not preclude offering discounted lease rates and rate freezes to certain lessees if the lease terms do not constitute the gratuitous application of public funds for a private purpose and if the governing body reasonably determines, in the first instance, that: (1) the lease terms have as their predominant purpose the accomplishment of a public, rather than a private, purpose of the BRA; (2) the BRA retains sufficient control to ensure accomplishment of the public purpose and to protect the public's investment; and (3) the public receives a return benefit.
Opinion No. GA-0600
The Honorable William J. Stroman, Jr.
Sterling County Attorney
P.O. Box 88
Sterling City, Texas 76951
Re: Whether a county commissioners court is prohibited from executing a tax abatement agreement with a wind turbine company for its fixtures and improvements to be located on a commissioner's real property; whether a commissioner who will receive royalties from a wind turbine company must abstain from voting on a tax abatement agreement with the company (RQ-0612-GA)
S U M M A R Y
A county may enter into a tax abatement agreement with the owner of taxable real property located in a reinvestment zone, and with the owner of a leasehold interest in or improvements on tax-exempt property located in a reinvestment zone. Assuming that the "fixtures and improvements" owned by a wind turbine company constitute "improvements on tax-exempt real property that is located in a reinvestment zone" under section 312.402 of the Tax Code, the mere fact that a member of a commissioners court owns the real property on which the fixtures and improvements will be located does not prohibit fixtures and improvements from being the subject of a tax abatement agreement.
A member of a commissioners court generally must abstain from a vote on a matter if it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property distinguishable from its effect on the public. Whether a vote on a particular tax abatement agreement will have such a special economic effect is generally a question of fact that cannot be resolved in an attorney general opinion.
For further information, please access the Web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200800531
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 30, 2008