RQ-0776-GA
Requestor:
The Honorable Warren Chisum
Chair, Committee on Appropriations
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Whether the phrase "cut of a county road" as used in section 240.907 of the Local Government Code applies to an activity that bores under the road (RQ-0776-GA)
Briefs requested by February 23, 2009
RQ-0777-GA
Requestor:
The Honorable David P. Weeks
Walker County Criminal District Attorney
1036 11th Street
Huntsville, Texas 77340
Re: Whether certain reservations and assignments in deeds transferred by a member of a city council exclude particular property from tax increment financing under section 312.204(d) of the Tax Code (RQ-0777-GA)
Briefs requested by February 23, 2009
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200900315
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 27, 2009
Opinion No. GA-0692
Mr. Adan Munoz, Jr.
Executive Director
Texas Commission on Jail Standards
Post Office Box 12985
Austin, Texas 78711
Re: Observation of county jail inmates while they are confined in courthouse holding cells (RQ-0722-GA)
S U M M A R Y
As the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the authority to supervise inmates being held in courthouse holding cells.
Opinion No. GA-0693
The Honorable Robert F. Vititow
Rains County Attorney
220 West Quitman
Post Office Box 1075
Emory, Texas 75440
Re: Authority of a commissioners court to remove from county right-of-way structures it deems to be a safety hazard (RQ-0729-GA)
S U M M A R Y
Pursuant to its general control over all roads, highways, and bridges in the county, as provided for in section 251.016 of the Transportation Code, a commissioners court may remove or order the removal of objects in the county road right-of-way that create a safety hazard to the public. Whether the mailboxes at issue are hazardous to the public, and can therefore be removed by the commissioners court, is a fact question not appropriate for the opinion process.
Generally, when a road is established by prescription or dedication, the right is not limited to the area traveled, but includes sufficient land, where reasonably available, for drainage ditches, repairs, and the convenience of the traveling public. However, whether and to what extent a public right-of-way has been acquired by dedication or prescription is a question of fact that cannot be decided through the opinion process.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200900314
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 27, 2009