Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,825
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The Texas Register publishes summaries of the following:
Requests for Opinitis, Opinions, Open Records Decisions.
An index to the full text of these documents is available from
the Attoney CGme all's Internet site http://www.oag.state.tx.us.
Telephone: 512-936-1730. For information about pending re"t sts for opinions, telephone 512-463-2110.
An Attorney General Opinion is a written interpretation of existing law. The Attorney Genral writes opinions as part of his
responsibility to act as legal counsel for the State of Texas. Opinions are written only at the request of certain state officials The
Texas Govemment Code indicates to whom the Attorey General may provide a legal opinion. He may not write legal opinions
for private individuals or for any officials other than those specified by statute. (Listing of authorized requestors:
Opinion No. GA-0960
The Honorable Paul Johnson
Denton County Criminal District Attorney
Post Office Box 2850
Denton, Texas 76202
Re: Refund of cash bail bonds under article 17.02, Code of Criminal
Due to the recent legislative amendment to article 17.02 of the Code of
Criminal Procedure, a county is no longer entitled to deduct a fee for
accounting and administrative expense from the refund of a cash bail
Attorney General Opinions JC-0163 and GA-0436 are superseded due
to legislative enactment.
Opinion No. GA-0961
The Honorable Dennis Bonnen
Chair, Select Committee on Voter Identification and Voter Fraud
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Re: Whether Conservation and Reclamation District Number Three
in Brazoria County may conduct operations within the boundaries of
another district (RQ-1046-GA)
The Brazoria County Conservation and Reclamation District Number
Three may generally act beyond its boundaries as necessary to ac-
complish its statutorily defined functions. Water Code section 56.144
requires that if the District shares a watershed with another district
and determines that construction of improvements in the watershed
would be a public benefit and would accomplish the purposes of ar-
ticle III, sections 52(b)(1), (2), and (3) of the Texas Constitution, the
District may not exercise its authority without first proposing an inter-
local agreement or receiving approval from the Texas Commission on
Environmental Quality. Without specific facts regarding the project to
be conducted within the boundaries of another district, we cannot opine
on whether the District is required to follow its own rules or those of
the other district.
Opinion No. GA-0962
The Honorable R. Lowell Thompson
Navarro County Criminal District Attorney
300 West 3rd Avenue, Suite 203
Corsicana, Texas 75110
Re: Whether section 38.007 of the Texas Education Code, section
109.33 of the Texas Alcoholic Beverage Code, and the home-rule pro-
vision of the Texas Constitution authorize a home-rule municipality
with a population of less than 900,000 to enact an ordinance prohibit-
ing the sale of alcoholic beverages within 1,000 feet of a public school
The Texas Alcoholic Beverage Code does not authorize a home-rule
municipality to enact an ordinance prohibiting the sale of alcoholic
beverages by a dealer whose place of business is within 1,000 feet of
a public school unless the municipality has received a petition from a
school board of a district principally located in a municipality with a
population of 900,000 or more.
Opinion No. GA-0963
The Honorable Jerry Patterson
Texas General Land Office
Post Office Box 12873
Austin, Texas 78711-2873
Re: Whether an application by a local organizing committee, endorsing
municipality, or endorsing county to a site selection organization is a
prerequisite to the expenditure of funds from the Major Events Trust
Fund pursuant to section 5A, article 5190.14, Revised Civil Statutes
Section 5A, article 5190.14 of the Texas Revised Civil Statutes requires
that a local organizing committee, an endorsing municipality, or an
endorsing county submit an application to a site selection organization
in order to initiate the process that governs the distribution of funds for
an "event" from the Major Events Trust Fund (the "METF"). Unless
an application for an event as defined in the statute is submitted to a
ATTORNEY GENERAL August 31, 2012 37 TexReg 6825
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/7/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.