Texas Register, Volume 9, Number 86, Pages 5863 - 5954, November 16, 1984 Page: 5,867
5863 - 5954 p. ; 28 cm.View a full description of this periodical.
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Under provisions set out in the Texas Constitution, Texas Civil Stat-
utes (Article 4399), and numerous statutes, the attorney general is
authorized to write advisory opinions for state and local officials.
These advisory opinions are requested by agencies or officials when
they are confronted with unique or unusually difficult legal questions.
The attorney general also determines, under authority of the Texas
Open Records Act, whether information requested for release from
governmental agencies may be held from public disclosure.
Requests for opinions, opinions, and open record decisions are sum-
marized for publication in the Register
Questions on particular submissions, or requests for copies of opinion
requests should be addressed to Rick Gilpin, Opinion Committee
chairman, Office of the Attorney General, Supreme Court Building,
Austin, Texas 78711, (512) 475-5445. Published opinions and open
records decisions may be obtained by addressing a letter to the Cen-
tral File Room, Attorney General's Office, Technicenter Building, IV,
5910 Technicenter -102, Austin, Texas 78721, or by telephoning (512)
928-1323. A single opinion is free, additional opinions are $1 00 a
copy.The
Attorney
GeneralOpinions
JM-219 (RG-176). Request from Ray-
mon L. Bynum, commissioner of educa-
tion, Texas Education Agency, Austin,
concerning the authority of peace officers
commissioned by school districts.
Summary of Opinion. The Texas Com-
mission on Law Enforcement Standards has
no licensing responsibility concerning
"peace officers" commissioned under the
Texas Education Code, $21.483. The scope
of the powers of 21.483 peace officers de-
pends upon the nature and scope of their
duties as defined by their employing school
district boards of trustees and upon whether,
when they engage in particular activities,
they are carrying out the provisions of the
Education Code, Chapter 2, Subchapter M,
and are "on the property under the control
and jurisdiction of (their employing] district
or [are] otherwise in the performance of
[their] duties."
JM-220 (RQ-353). Request from Randy
M. Lee, executive director, Texas Sesqui-
centennial Commission, Austin, concerning
whether a county or city may contribute
funds to a local sesquicentennial committee
and related questions.
Summary bf Oplnio. Local sesquicenten-
nial committees are not "extensions" of the
Texas Sesquicentennial Commission; they
are the agents of, and are controlled by, the
local governmental entities which create
them. Subject to the limits imposed by the
Texas Constitution, Article III, 52, a localgoverning body may expend public funds
for local sesquicentennial activities which
serve a valid public purpose.
JM-221 (RO-868). Request from Mike
Driscoll, Harris County attorney, Houston,
concerning whether the Tax Code, 11.431,
permits refunds of taxes for homestead ex-
emptions not filed in time.
Summary of Opinion. The Tax Code,
11.431, permits the granting of refunds
and the filing of late applications for resi-
dence homestead exemptions beginning
with the 1982 tax year.
JM-222 (R1-326). Request from Mar-
garet Moore, Travis County attorney, Aus-
tin, concerning whether Texas Civil
Statutes, Article 4413(29bb), requires un-
armed security personnel who are em-
ployees of individual retailers to register
with the Texas Board of Private Investiga-
tors and Private Security Agencies.
Summary of Opinion. The exclusion from
the provisions of Texas Civil Statutes, Ar-
ticle 4413(29bb), granted to certain persons
by the Act, 3(a)(1), was not expressly or
implicitly repealed by the 68th Legislature,
regular session, 1983. Therefore, registra-
tion with the Texas Board of Private Inves-
tigators and Private Security Agencies is not
required for unarmed security personnel
employed by individual retailers when they
are employed exclusively and regularly by
one employer in connection with the affairs
of only that employer and the relationship
of the retailer and the security personnel is
that of an employer and employee.JM-223 (RQ-386). Request from Henry
Wade, district attorney, Dallas, concerning
the county clerk's fee for filing and record-
ing a certificate of service under the Pro-
bate Code.
Summary of Opinion. A fee may not be
collected by a probate court clerk for cer-
tifying a court order or filing a certificate
as required under the Probate Code, 428.
A filing fee may be collected for the filing
by an administrator of his receipt from the
state treasurer of the escheat payment.
JM-224 (RO-390). Request from James
Smith, Jr., Frio County attorney, Pearsall,
concerning whether the Property Code,
52.004, dispenses with the requirement of
Texas Civil Statutes, Article 5448, that each
county clerk shall keep a separate judgment
record and shall immediately file and record
all properly authenticated abstracts of
judgment..
Summary of Opinion. An abstract of
judgment is required to be recorded and
filed in a book separate from real property
records unless a microfilm method of recor-
dation is in effect pursuant to Texas Civil
Statutes, Article 1941(a).
JM-2256 (R-356). Request from Sam
Kelley, commissioner, Office of Consumer
Credit Commissioner, Austin, concerning
what constitutes the separation and division
of a pawn transaction within the meaning
of Texas Civil Statutes, Article 5069-51.12.
Summary of Opinion. The attorney gen-
eral concludes that Texas Civil Statutes, Ar-
ticle 5069-51.12, prohibits pawnbrokersNovember 16, 1984
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9 TexReg 5867
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Texas. Secretary of State. Texas Register, Volume 9, Number 86, Pages 5863 - 5954, November 16, 1984, periodical, November 16, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243640/m1/5/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.