Office of the Attorney General
RQ-0659-GA
Requestor:
The Honorable Hector M. Lozano
Frio County Attorney
500 East San Antonio Street, Box 1
Pearsall, Texas 78061-3100
Re: Expenditures that a county clerk may make from the Records Management Fund collected under section 118.0216, Local Government Code and article 102.005, Code of Criminal Procedure (RQ-0659-GA)
Briefs requested by February 11, 2008
RQ-0660-GA
Requestor:
The Honorable Hector M. Lozano
Frio County Attorney
500 East San Antonio Street, Box 1
Pearsall, Texas 78061-3100
Re: Authority of a county tax assessor-collector to award additional compensation to her deputies from funds collected from section 501.138, Transportation Code, the Certificate of Title Act (RQ-0660-GA)
Briefs requested by February 11, 2008
RQ-0661-GA
Requestor:
Mr. Sidney "Buck" LaQuey
Grimes County Auditor
Post Office Box 510
Anderson, Texas 77830
Re: Whether a county commissioner may simultaneously serve as an assistant county jailer (RQ-0661-GA)
Briefs requested by February 11, 2008
RQ-0662-GA
Requestor:
The Honorable Kim Brimer
Chair, Committee on Administration
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Applicability of chapter 1501, Insurance Code, to certain health benefit "cafeteria" plans offered by employers (Request No. 0662-GA)
Briefs requested by February 15, 2008
RQ-0663-GA
Requestor:
Mr. Robert Scott
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Proper formula under section 21.402, Education Code, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimum (RQ-0663-GA)
Briefs requested by February 15, 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-200800167
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 15, 2008
Opinion No. GA-0589
The Honorable Fred Hill
Chair, Committee on Local Government Ways and Means
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Authority of property tax consultant to act as agent for property owners under section 1.111, Tax Code (RQ-0596-GA)
SUMMARY
Section 1.111(b) of the Texas Tax Code authorizes a designation of agent form to be signed by an "other person authorized to act on behalf of the owner." A property tax consultant that falls within the statutory language, as construed, is authorized by section 1.111(b) to execute and complete the designation form for the property owner. Questions regarding the validity and sufficiency of a given fee agreement are outside the purview of the opinion process.
The Comptroller of Public Accounts must comply with applicable state law. Whether behavior or conduct violates a statute is a fact question that cannot be answered in the opinion process.
Opinion No. GA-0590
The Honorable Elton R. Mathis
Waller County Criminal District Attorney
846 Sixth Street, Suite 1
Hempstead, Texas 77445
Re: Consequences resulting from the downsizing of the Waller County Appraisal District (RQ-0601-GA)
SUMMARY
Waller County Appraisal District is responsible, on or after January 1, 2008, for litigation filed against the district under Tax Code chapter 42 before January 1, 2008, and involving property outside the district's home county. The general savings clause in the Code Construction Act continues in effect relevant portions of section 6.02, Tax Code, such that the district has continuing authority to defend itself in the pending litigation, and a taxing unit has a continuing obligation to pay the related costs.
For further information, please access the Web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200800182
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 16, 2008
Opinion No. GA-0347
This opinion has been withdrawn.
Opinion No. GA-0445
This opinion has been withdrawn.
For further information, please access the Web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200800173
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 15, 2008