Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,170
1163-1244 p. ; 28 cm.View a full description of this periodical.
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JS436 (RQ49S). Request from Sam D.
Millsap, Jr., district attorney, Bear Coun-
ty Courthouse, San Antonio, concerning
computation of good time credits under
Texas Civil Statutes, Article 5118a, and
manual labor credits under Code of Criminal
Procedure, Article 43.10.
SUmry of Opialon. A county jail inmate
may receive good time credits under Texas
Civil Statutes, Article 5118a, or manual
labor credits under the Code of Criminal
Procedure, Article 43.10, but not both. At-
torney General Opinion MW-497 (1982) is
overruled to the extent it conflicts with this
result.
JM-437 (RQ-57). Request from Candy
Moore, executive officer, Texas Polygraph
Examiners Board, Austin, concerning whe-
ther a polygraph examiner is required to dis-
play his license at each location where he per-
forms his services.
Summary of Opinion. A polygraph exam-
iner is not necessarily required to display his
license at each location where he performs
his services.
JM-438 (RQ-723). Request from 0. L.
McCotter, director, Texas Department of
Corrections, Huntsville, concerning validi-
ty of Texas Civil Statutes, Article 6166x-1,
regarding good time credit.
Summary of Opiniaon. Texas Civil Statutes,
Article 6166x-1, was impliedly repealed in
1943 by the enactment of Texas Civil Stat-
utes, Article 61841. The repeal of Article
61841 in 1977 did not revive Article 6166x-1.
JIM439 (RQ-671). Request from Stephen
C. Howard, Orange County attorney, Orange,
concerning compliance with Texas Civil
Statutes, Article 6701h, 1A, and the dis-
missal of charges.
Summary of Opinion. If the operator
charged with failure to maintain financial
responsibility produces an automobile liabili-
ty insurance policy which met the require-
ments of the safety responsibility law at the
time he operated the vehicle, he is entitled
to dismissal of the charge against him through
the vehicle (if owned by another) was not in-sured by the owner. No specific policy lan-
guage is required so long as it is legally ade-
quate to satisfy the statute.
JM440 (RQ-706). Request from David W,
Wallace, Sutton County attorney, Sonora,
concerning whether a commissioners court
may set the office hours of the county
auditor.
Summary of Opinion. The commissioners
court of Sutton County does -not have the
authority to set the office hours of the of-
fice of county auditor.
JM-441 (RQ-58). Request from David
Cain, chairman, Committee on Transporta-
tion, Texas House of Representatives, Austin,
concerning whether administrative fees may
be assessed by a justice of the peace or a
municipal judge in traffic cases arising under
Texas Civil Statutes, Article 6701d, 143A.
Summary of Opinion. Article 6701d does
not authorize the imposition of an adminis-
trative referral fee in cases arising under the
143A program for the dismissal of certain
misdemeanor charges upon completion of a
driving safety course by defendant. No such
fee may be assessed against 143A defen-
dants or against the providers of driving
safety courses without statutory authoriza-
tion.
JM-442 (RQ-04). Request from Daniel
W. Shindler, district attorney, Bay City, con-
cerning whether an elected mayor may re-
ceive a salary increase at any time during his
term.
Summary of Opinion. The salary of a
mayor of a general law city may not be in-
creased during the term for which the mayor
is elected.
JM-443 (RQ-680). Request from Brad
Wright, chairman, Committee on Public
Health, Texas House of Representatives,
Austin, concerning whether it is unconstitu-
tional to impose the $3.00 court cost set out
in Texas Civil Statutes, Article 8309-1,
14(b), on persons convicted of certain traf-
fic offenses that occurrred before September
1, 1985,
Summsy of Opinion. The $3.00 court cost
provided for in Texas Civil Statutes, Article83s9-1, $14(b), is wlapnab to 0t6
under Texas Civil Statutes, Artidle dE6"b,
And Article 6701d, that were committed be-
fore September 1, 1985.
JM-444 (RQ.681). Request from Gibson
DuTerroil, chairperson, Texas Committee on
Purchases of Product; and Services of Blind
and Severely Disabled Persons, Austin, con-
cerning applicability to counties, cities,
hospital districts, and school districts, of the
Human Resources Code, Chapter 122, which
relates to the procurement of the products
or services of disabled individuals.
Summary of Opinion. General statutes
that require counties, cities, hospital districts,
and school districts to engage in competitive
bidding in order to make certain purchases
do not apply to purchases such political sub-
divisions make pursuant to the Human Re-
sources Code, 122.014.
JM-445 (RQ.627). Request from Marvin J.
Titzman, executive director, Texas Surplus
Property Agency, San Antonio, concerning
whether the Texas Surplus Property Board
may make purchases from the trust fund
created by Texas Civil Statutes, Article
6252-6b, without approval by the State Pur-
chasing and General Services Commission.
Sammary of Opinion. Purchases of sup-
plies, materials, services, and equipment by
the Texas Surplus Property Agency are not
exempt from applicable purchasing provi-
sions of the State Purchasing and General
Services Act.
JM446 (RQ-175). Request from Homer
A. Foerster, executive director, State Pur-
chasing and General Services Commission,
Austin, concerning accessibility under the
Texas Open Records Act of Texas Supreme
Court telephone records.
Summary of Opinion. The release of tele-
phone records of the Supreme Court of
Texas is a matter of discretion for the court,
not for the State Purchasing and General,
Services Commission, which acts as the
court's agent in collecting such information.
TRD-8602197
* ,*I I'aRe wl Mack II, i98 Te Register 4
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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/m1/8/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.