Opinion No. GA-0702
The Honorable Elizabeth Murray-Kolb
Guadalupe County Attorney
101 East Court Street, Suite 104
Seguin, Texas 78155-5779
Re: Indexing certain real-property instruments under chapter 193 of the Local Government Code (RQ-0728-GA)
S U M M A R Y
In the absence of legislative direction, a county clerk has discretion to index an instrument accepted for filing and recording under Property Code section 12.0011(b)(2) in a manner consistent with the purposes of the indexing statutes and within the constraints of the statutory framework set out in Local Government Code chapter 193.
Opinion No. GA-0703
The Honorable G.A. Maffett, III
Wharton County Attorney
309 East Milam, Suite 500
Wharton, Texas 77488
Re: Authority of a commissioners court to remove fencing located within a county right-of-way (RQ-0749-GA)
S U M M A R Y
A county commissioners court has authority, subject to judicial review, to remove from a county road right-of-way objects that create a safety hazard to the public.
Opinion No. GA-0704
The Honorable H. Michael Bartley
Delta County Attorney
Post Office Box 462
Cooper, Texas 75432
Re: Whether a sheriff must provide information about funds in his custody to the county treasurer (RQ-0753-GA)
S U M M A R Y
Pursuant to Local Government Code section 115.901, the county treasurer of Delta County is required to examine the accounts held by the county sheriff, including accounts containing forfeiture and commissary funds, and the sheriff must provide the treasurer with access to bank statements for such accounts.
Opinion No. GA-0705
Mr. Robert Scott
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Authority of a school district to use a reverse auction conducted by a third party to purchase personal property valued at $10,000 or more (RQ-0751-GA)
S U M M A R Y
A school district's use of a third party reverse auction company as described is not an improper delegation of authority.
Whether any contractual requirement by the third party auctioneer impermissibly limits the number of potential bidders is a fact question not appropriately answered by the opinion process.
Opinion No. GA-0706
The Honorable Bill Moore
Johnson County Attorney
Guinn Justice Center
204 South Buffalo Avenue, Suite 410
Cleburne, Texas 76033-5404
Re: Authority of a commissioners court to lease county property to a non-profit organization for less than fair market value (RQ-0756-GA)
S U M M A R Y
A commissioners court's lease of county property for an amount less than fair market value does not violate the express terms of section 263.007, Local Government Code.
Opinion No. GA-0707
The Honorable Don McLeroy
Chair, State Board of Education
1701 North Congress Avenue
Austin, Texas 78701-1494
Re: Calculation of the "total return on all investment assets of the permanent school fund" for purposes of article VII, subsection 5(a)(2), Texas Constitution (RQ-0758-GA)
S U M M A R Y
As the agency charged with determining the amount to be distributed from the permanent school fund ("PSF") to the available school fund ("ASF"), the State Board of Education must establish the appropriate methodology for calculating the total return on all investment assets of the PSF in the first instance.
The limitation in article VII, subsection 5(a)(2) of the Texas Constitution must be applied on an annual basis to determine whether the annual distribution for a given fiscal year complies with the requirements therein established.
Distributions made from the PSF to the ASF must comply with both subsection 5(a)(1) and subsection 5(a)(2). The constitutional provisions and related statutes are silent as to any remedies required for an overpayment under either provision.
The calculations in subsections 5(a)(1) and 5(a)(2) are independent. The plain language of subsection 5(a)(2) does not prevent the SBOE from adopting a rate under subsection 5(a)(1). A distribution authorized under subsection 5(a)(1) must also satisfy subsection 5(a)(2).
The SBOE, as the entity charged with ensuring the perpetual existence of the PSF, is authorized to apply the limits of subsection 5(a)(2) to the amount it distributes from the PSF to the ASF.
Nothing in article VII, section 5 prohibits the SBOE from adopting a contingency plan for distributing the funds under article VII, section 5 provided the amounts distributed during each fiscal year do not exceed six percent of the average market value of the PSF as provided in subsection 5(a)(1) and the subsection 5(a)(2) limitations.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200901445
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: April 15, 2009