Attorney General

Request for Opinions

RQ-0793-GA

Requestor:

The Honorable Rene Guerra

Hidalgo County Criminal District Attorney

100 North Closner, Room 303

Edinburg, Texas 78539

Whether the jurisdiction of a justice court in truancy matters is limited to the particular precinct in which a justice presides: Reconsideration of Attorney General Opinion No. GA-0701 (2009) (RQ-0793-GA)

Briefs requested by May 18, 2009

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

TRD-200901489

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 21, 2009


Opinions

Opinion No. GA-0708

The Honorable Jim Pitts

Chair, Committee on Appropriations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the Edwards Aquifer Authority may promulgate rules prohibiting certain permits or contracts with recharge facilities constructed prior to September 1, 1993 (RQ-0737-GA)

S U M M A R Y

A court would likely conclude that the Edwards Aquifer Authority may promulgate rules prohibiting recharge and withdrawal permits for or contracts with recharge facilities that were constructed prior to September 1, 1993, that will not increase the amount of the facility's recharge. A court would also likely conclude that the Edwards Aquifer Authority has authority to promulgate a rule providing that the denial of an interlocal contract under certain circumstances is unreasonable.

Opinion No. GA-0709

The Honorable Pete Gallego

Chair, Committee on Criminal Jurisprudence

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Authority of a county attorney to issue commissions for reserve or nonpaid peace officers (RQ-0730-GA)

S U M M A R Y

A county attorney is not authorized to appoint reserve peace officers.

Opinion No. GA-0710

The Honorable Patrick M. Rose

Chair, Committee on Human Services

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Authority of a water company to paint fire hydrants black under certain circumstances (RQ-0750-GA)

S U M M A R Y

Under Health & Safety Code section 341.0357, an owner is not required to first determine that the flow of a device having the appearance of a fire hydrant is less than 250 gallons per minute in order to paint the device black, if the owner determines that the device is otherwise unavailable for use by an entity providing fire suppression services in a fire emergency. Additionally, if the owner determines that all devices within a system are otherwise unavailable for use for fire suppression services other than on a temporary basis, an owner is required to paint all the devices black under section 341.0357 even when the flow from certain of those devices exceeds 250 gallons per minute.

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

TRD-200901524

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 22, 2009