Attorney General

Request for Opinions

RQ-0773-GA

Requestor:

The Honorable D. Matt Bingham

Smith County Criminal District Attorney

Smith County Courthouse

100 North Broadway, 4th Floor

Tyler, Texas 75702

Re: Whether the Open Meetings Act is applicable to a gathering in which a minority of a commissioners court meet informally with community leaders under particular circumstances (RQ-0773-GA)

Briefs requested by February 4, 2009

RQ-0774-GA

Requestor:

The Honorable Jeff Wentworth

Chair, Committee on Jurisprudence

Texas State Senate

Post Office Box 12068

Austin, Texas 78711

Re: Authority of local taxing units or central appraisal districts to collect assessments for public improvement districts (RQ-0774-GA)

Briefs requested by February 6, 2009

RQ-0775-GA

Requestor:

Dr. David L. Lakey

Commissioner

Texas Department of State Health Services

Post Office Box 149347

Austin, Texas 78714

Re: Authority of the Department of State Health Services to enforce state asbestos regulations against municipalities (RQ-0775-GA)

Briefs requested by February 9, 2009

For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-200900166

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: January 13, 2009


Opinions

Opinion No. GA-0688

The Honorable Jeff Wentworth

Chair, Committee on Jurisprudence

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether the police chief of an independent school district may simultaneously serve as a member of a city council of a city that is located within the geographical boundaries of the school district (RQ-0724-GA)

S U M M A R Y

The common-law doctrine of incompatibility does not bar an individual from simultaneously serving as the chief of police of an independent school district and as a city council member of a city located within the geographical limits of the school district.

Opinion No. GA-0689

Mr. Robert Scott

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Whether section 11.051(a-1), Education Code, alters the common-law standard for determining the number of votes necessary for a school district board of trustees to act in its official capacity (RQ-0725-GA)

S U M M A R Y

Section 11.051(a-1), Texas Education Code, does not alter the common-law standard for determining the number of votes necessary for a school district board of trustees to act in its official capacity.

For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-200900165

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: January 13, 2009