Texas Register, Volume 1, Number 37, Pages 1237-1276, May 11, 1976 Page: 1,241
1237-1276 p. ; 28 cm.View a full description of this periodical.
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1241
Summary of Opinion H-81 2
Request from Garrett Morris, Chairman, Public Utility
Commission of Texas, Austin, concerning application of
the Public Utilities Act to retail public utilities and mu-
nicipally owned utilities.
Summary of Opinion: The Public Utility Regulatory
Act requires that municipally owned public utilities ob-
tain a certificate of convenience and necessity for new
retail service only when the area to be served is being
served by another retail public utility. The present
wording of the act does not provide for an appeal by
residents of a city from charges established by that
city's municipally owned utility.
Filed: May 3, 1976, 1205 p.m.
Doc. No. 762404
Summary of Opinion H-813
Request from James H. Harwell, Executive Director,
Texas Industrial Commission, Austin, concerning con-
* tractors' performance and payment bonds required
under Articles 5160 and 5472a, Vernon's Texas Civil
Statutes.
Summary of Opinion: A contracting governmental
authority may require a prime contractor to execute a
bond for contracts not in excess of $15,000. Whether a
particular maintenance contract is subject to the provi-
sions of Article 5160 and Article 5472a depends upon
whether such contract calls for a "substantial change"
to a "public work" or "public building."
Filed: May 3, 1976, 12:05 p.m.
Doc. No. 762405
Summary of Opinion H-815
Request from Emory C. Walton, Criminal District At-
torney, Eastland, concerning the jurisdiction of the
county and district courts in Eastland County.
Summary of Opinion: Misdemeanor cases in East-
land County should be filed in the county court only in
those instances in which the county attorney reasona-
bly believes that the defendant will enter a guilty plea.
All other misdemeanors should be filed in the district
court. The district and county clerks should collect the
* fees normally applicable to their respective offices in
each case originally filed in the respective courts.
Filed: May 5, 1976, 10:51 a.m.
Doc. No. 762453Summary of Opinion H-816
Request from George Rodriguez, Jr., El Paso County At-
torney, El Paso, concerning whether preliminary and
negotiating sessions of a city and police association
under the Fire and Police Employees Relations Act are
open to the public.
Summary of Opinion: Meetings of a municipal police
officers association are not subject to the Open Meet-
ings Act. The internal deliberations of a city's collec-
tive bargaining team and its preliminary discussions
with elected city officials are open to the public, but
sometimes may be closed if counsel participate. The in-
ternal deliberations of the collective bargaining team of
a municipal police officers association are open to the
public if a quorum of members is present, but some-
times may be closed if counsel participate. The actual
bargaining sessions between a city and a police officers
association are open to the public.
Issued in Austin, Texas, on April 30, 1976.Doc. No. 762454
C. Robert Heath
Opinion Committee Chairman
Attorney General's OfficeFiled: May 5, 1976, 10:51 a.m.
For further information, please call (512) 475-5445.Volume 1, Number 37, May 11, 1976
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Texas. Secretary of State. Texas Register, Volume 1, Number 37, Pages 1237-1276, May 11, 1976, periodical, May 11, 1976; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252816/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.