Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,169
1163-1244 p. ; 28 cm.View a full description of this periodical.
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Attorney
G general Description of attorney general submissilons. Under provisions set out in the Texas Con-
stitution, Texas Civil Statutes (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 agen-
cies 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 summarized for publication in the Register.Requests for Opinions
RQ-754. Request from W. N. Kirby, com-
missioner of education, Texas Education
Agency, Austin, concerning whether bonds
that have been fully defeased and refunded
still are guaranteed by the permanent school
fund.
RQ-755. Request from Robert E. Luna,
law offices of Earl Luna, P.C., for Angie
Warner-Lewisville Independent School Dis-
trict, Dallas, concerning whether the Open
Records Act, Texas Civil Statutes, Article
6252-17a, 3(a)(ll), permits the Lewisville
Independent School District to withhold
three internal memoranda.
RQ-756. Request from Bob Bullock, comp-
troller of public accounts, Austin, concen-
ing application of the franchise tax to oil ex-
change agreements and oil matching buy/sell
contracts.
RQ-757. Request from Bob Bullock, comp-
troller of public accounts, Austin, concern-
ing whether interest should be paid on taxes
collected by the comptroller on behalf of
local jurisdiction.
RQ-758. Request from Allen Hightower,
chairman, House Committee on Law En-
forcement, Austin, concerning compensation
of private investigators and experts under the
Texas Code of Criminal Procedures, Arti-
cle 26.055.
RQ-759. Request from Bob Bush, chair-
man, House Committee on Judiciary, Austin,
concerning whether the legislature may
authorize a municipality to impose certain
court costs on municipal court convictions.
RQ-760. Request from H. Tati Santieste-
ban, chairman, Committee on Natural Re-
sources, Austin, concerning validity of re-
strictive convenants by residential subdivi-
sions not subject to a comprehensive zon-
ing ordinance.
TRD-8602196
Opinions
M-427 (RQ-64e). Request from Clayton
T. Garrison, executive director, Employees
Retirement System of Texas, Austin, con-
cerning whether the per diem limitations ofthe General Appropriations Act Texas Civil
Statutes, Article V, 4, apply to members of
the board of Trustees of the Employees Re-
tirement System.
Summary of Opinion. The portion of the
expense fund established by Title 110B,
25.311, from which the members of the
board of trustees of the Employees Retire-
ment System of Texas are to be paid any per
diem properly due them, is composed of
funds held in trust for the employees of the
state to the extent that it consists of member-
ship fees and interest on employees' contri-
butions. Because these are trust funds, rather
than appropriated funds within the mean-
ing of the current General Appropriations
Act, Article V, the limitations contained in
Article V, 4, do not apply to the per diem
which may be due a board member.
JM-428 (RQ.700). Request from Guy Har-
din, district attorney, Pampa, concerning ex-
penditure of $27,650 allocated by the legis-
lature for the benefit of the district attorney
of the 31st and 223rd judicial districts.
Summary of Opinion. When a district at-
torney receives state funds for his office ex-
penses under the Government Code, 46.004,
the counties composing the district must con-
tinue to provide funds for his office in an
amount at least equal to the amount of funds
provided for the office by the county on the
effective date of the act. Funds received
under this statute are not subject to ap-
propriation or control by the commissioners
court.
JM-431 (RQ-687). Request from Jay T.
Kimbrough, Bee County attorney, Beeville,
concerning whether a county commissioner
may use his office to collect international aid
for earthquake victims.
Summary of Opinion. A county commis-
sioner may not expend county funds or util-
ize county-paid personnel to collect aid for
foreign victims of a natural disaster; how-
ever, incidental use of space in the county
courthouse for such aid collection efforts
does not violate relevant Texas constitutional
provisions.
JM-432 (RQ-721). Request from E. Bruce
Curry, district attorney, Kerrville, concern-
ing whether a county may lease the right to
cross county right-of-way to a pipeline
company.Summary of Opinion. Section 111.020
(b)4) does not authorize a county commis-
sioners court to lease right-of-way crossings
to pipeline companies, which are common
carriers subject to the Texas Natural Re-
source Code, Chapter 111.
JM-433 (RQ-664). Request from Don R.
Stiles, executive director, Texas Adult Pro-
bation Commission, Austin, concerning val-
idity of Senate Bill 454, 69th Legislature,
1985, which added three members to the
Texas Adult Probation Commission.
Summary of Opinion. By virtue of the en-
rolled bill doctrine, Senate Bill 454, which
adds three new members to the Texas Adult
Probation Commission, is a valid enactment
of the 69th Legislature.
JM-434 (RQ.668). Request from Mike Dris-
coil, Harris County attorney, Houston, con-
cerning whether a county clerk is entitled to
receive a fee in connection with administra-
tion of trust funds under Texas Civil Stat-
utes, Article 2558a, 4c(a).
Summary of Opinion. Before a district or
county clerk may collect a $50 fee pursuant
to Texas Civil Statutes, Article 2558a, 4c(a),
the expense of the district or county clerk for
handling the trust fund must have been in-
curred, and there must have been a designa-
tion of a responsible party by the court.
Texas Civil Statutes, Article 3930(10), re-
quires the county clerk to institute this col-
lection of the fixed fee of $50 authorized by
4c(a). Texas Civil Statutes, Article 2558a,
4c(a), requires that the county receive a
reasonable fee of $50. No other fee is con-
templated by the provision. Finally 4c(a) is
read together with the Probate Code, 12(a),
the county clerk may collect the $50 fee in
probate proceedings.
JM.435 (RQ 530). Request from Dale Han-
na, Johnson County attorney, Cleburne, con-
cerning responsibility for notification of
defendants in criminal cases.
Summary of Opinion. The Texas Code of
Criminal Procedure, Article 28.01, provides
that the court has the responsibility to notify
defendants of pretrial hearings. The court
also has the responsibility to notify defen-
dants of trial settings. A prosecutor, how-
ever, is not ethically prohibited from noti-
fying defendants of pretrial hearings and trial
settings.March 11, 1986 11 TexReg 1169
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4 Attorcy General
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/7/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.