Texas Register, Volume 12, Number 53, Pages 2273-2316, July 14, 1987 Page: 2,279
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Attorney
Genera I Description of attorney general submissions. Under provisions setout 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.Opinions
JM-721 (RQ-1079). Request from John R.
Hale, Commissioner, Credit Union Depart-
ment, Austin, concerning the constitutionali-
ty of House Bill Numbers 1953 and 1531,
which regulate the sale of motor vehicles.
Summary of Opinion. House Bill Numbers
1531 and 1953 of the 70th Legislature restrict
the locations from which new and used cars
may be sold. These proposed restrictions do
not on their face violate the equal protection
clause, the due process clause, or the com-
merce clause of the United States Constitu-
tion. Nor do they violate the Texas Antitrust
and Free Enterprise Act of 1983, the Texas
Business and Commerce Code, 15.01 et seq.
nor the Sherman Act, 15 United States Code,
1 et seq. Scholarly authorities and cases
from other states on due process re-
quirements of state constitutions, if adopted
by the Texas Supreme Court, suggest that
these bills would violate the Texas Constitu-
tion, Article I, 19.
TRD-8705507
JM-722 (RQ-1037). Request from Robert
E. Bell, Criminal District Attorney, Edna,
concerning whether Jackson County is re-
quired to provide services under the Indigent
Health Care Act where the county is encom-
passed within a hospital district.
Summary of Opinion. In a county in which
a hospital district encompasses the entire
county, the county is not liable for health
care services to indigent residents of the
county under any of the provisions of the
Indigent Health Care and Treatment Act. In-
stead, the Act specifies that, for indigent per-
sons who reside within a hospital district, the
hospital district is liable for health care ser-
vices as provided by the Texas Constitution
and the statute creating the hospital district.
TRD-8705508
JM-723 (RQ-956). Request from Charles
D. Penick, Criminal District Attorney,
Bastrop, concerning funding responsibilitiesof the City of Bastrop under the Indigent
Health Care Act.
Summary of Opinion. As the city that
created the hospital authority which owns the
Bastrop Memorial Hospital, the City of Bas-
trop is liable for sufficient funding to the
public hospital or to the hospital authority
to provide the health care assistance required
by the Indigent Health Care and Treatment
Act, Title 3. Section 14.01 of the Act relates
to the effect that a sale or lease of a public
hospital after January 1, 1985, will have on
eligibility standards for receiving health care
assistance and on the health care services that
are provided. It does not impliedly exempt
the city from the funding requirements of Ti-
tle 3 when the hospital has been leased to a
private entity since 1983.
TRD-8705509
4V 4 4
JM-724 (RQ-1109). Request from David
Cain, Chairman, Transportation Commit-
tee, Texas House of Representatives, Austin,
concerning whether surplus lines carriers
under the Insurance Code, Article 1.14-2 are
eligible to act as sureties on performance and
payment bonds under Texas Civil Statutes,
Article 5160.
Summary of Opinion. Texas Civil Statutes,
Article 5160 requires contractors on certain
public projects in certain circumstances to
execute performance and payment bonds
furnished by corporate sureties authorized
to do business in the state. Surplus lines in-
surance carriers (including sureties), as de-
fined in the Insurance Code, Article 1.14-2,
are not authorized to engage in the act of
furnishing insurance, such as surety bonds,
in the state, and may not furnish the bonds
required by Texas Civil Statutes, Article
5160.
TRD-8705510
4V 4 4V
JM-725 (RQ-1096). Request from Mark
W. Stiles, Chairman, County Affairs Com-
mittee, Texas House of Representatives,
Austin, concerning whether a county depart-
ment is authorized to purchase its own
supplies.Summary of Opinion. A county officer,
department, or institution may purchase its
own supplies subject to the limitations im-
posed by Texas Civil Statutes; Article
2368a.5, 3, and subject to commissioners
court approval. Before a county may pur-
chase one or more items under a contract
that will require an expenditure exceeding
$5,000, the commissioners court must com-
ply with the competitive bidding require-
ments of this Act. The $5,000 limitation
applies to purchases by the county from the
same supplier. Section 3 prohibits the inten-
tional circumvention of the $5,000 limitation
by separate, sequential, and/or component
purchases by the same county officers,
departments, or institutions.
TRD-8705511
JM-726 (RQ-811). Request from Marvin J.
Titzman, Executive Director, Texas Surplus
Property Agency, San Antonio, concerning
whether competitive bidding statutes apply
to property obtained by a county through
the Texas Surplus Property Agency.
Summary of Opinion. Texas Civil Statutes,
Articles 1659 and 1659b were repealed in
1985 by the legislation enacting the County
Purchasing Act, Texas Civil Statutes, Arti-
cle 2368a.5. The county government may ac-
cept transfers of surplus personal property
by the Texas Surplus Property Agency and
pay the authorized service and handling
charges incidental to such transfer without
complying with the competitive bidding re-
quirements of Texas Civil Statutes, Article
2368a.5. The payment of service and hand-
ling charges is within exemption to Texas
Civil Statutes, Article 2368a.5, 4(a)(7).
TRD-8705512
4 4 4
JM-727 (RQ-971). Request from Mike
Driscoll, Harris County Attorney, Houston,
concerning the duty of a district clerk to file
and docket improperly tendered documents.
Summary of Opinion. Documents are filed
when they are tendered to the district clerk.
Arndt v. Arndt, 709 S.W.2d 281 (Tex.
App.-Houston [14th Dist] 1986, no writ).4 Attorney General July 14, 1987 12 TexReg 2279
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Texas. Secretary of State. Texas Register, Volume 12, Number 53, Pages 2273-2316, July 14, 1987, periodical, July 14, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243897/m1/7/?q=technical+manual: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.