Texas Attorney General Opinion: GA-0459 Page: 4 of 5
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The Honorable Jeff Wentworth - Page 4 (GA-0459)
office does not resolve questions of fact. See, e.g., Tex. Att'y Gen. Op. Nos. GA-0139 (2004) at 5
(stating that attorney general opinion will not answer whether county has declared a private street
to be a public street, which is a question of fact); GA-0003 (2002) at 1 (stating that the opinion
process does not determine questions of fact).
Similarly, whether the improvement and maintenance of the rights-of-way are necessary to
provide adequate municipal services to the annexed area is an unresolved question of fact. You
inform us that the annexed area residents are concerned that City fire, police, and emergency medical
services may not be able to adequately respond and the necessary vehicles and equipment may not
be able to use the unpaved rights-of-way. See Request Letter, supra note 1, at 2. The City, however,
asserts that improvement of the rights-of-way is not necessary to provide City services, and the City
is providing comparable services to the annexed area.4 The inability of fire, police, and emergency
medical services to adequately respond because of the existing condition of the rights-of-way and
the absence of another access street or road to the annexed property are disputed questions of fact
that we cannot resolve in the opinion process. See, e.g., Tex. Att'y Gen. Op. Nos. GA-0139 (2004)
at 5, GA-0003 (2002) at 1.
4See Letter from David Alan Smith, City Attorney, City of Austin, to Honorable Greg Abbott, Attorney General
of Texas at 1-3 (Apr. 21, 2006) (on file with the Opinion Committee).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0459, text, September 18, 2006; (https://texashistory.unt.edu/ark:/67531/metapth275355/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.