Texas Attorney General Opinion: GA-0725 Page: 4 of 5
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Honorable David P. Weeks - Page 4
interests, it would have made that intent plain as it has done in other statutes.4 See Tex. Att'y Gen.
LO-98-001, at 3.
Accordingly, we think it unlikely that a member of a governing body who in a deed
conveying property reserves to himself the sale proceeds of the property, if and when the property
is sold, is the owner of the property under section 312.204(d) by virtue of the reservation. Thus, a
reservation of the proceeds, by itself, does not appear to operate to exclude property from tax
increment financing under section 312.204(d). Given this conclusion, it is unnecessary to address
your second question as to whether the entire tract or only the council member's "portion of the
tract" is excluded by operation of the reservation and assignment.5 See Brief at 2.
4See, e.g., TEX. ALCO. BEV. CODE ANN. 5.05(a)(3) (Vernon Supp. 2008) (prohibiting Alcoholic Beverage
Commission member from having a "pecuniary interest in an alcoholic beverage business"); TEX. ELEC. CODE ANN.
121.002, 122.035(d), 122.092(d) (Vernon 2003) (prohibiting Secretary of State and voting system examiners from having
"a pecuniary interest in the manufacturing or marketing" of a voting system); TEX. LOC. GOV'T CODE ANN.
321.027(a), 322.026(a) (Vernon 2005) (prohibiting member of a county or joint county board of park commissioners
from acquiring "a direct or indirect pecuniary interest" in any park "improvements, concessions, equipment, or
business"); TEX. TRANSP. CODE ANN. 453.055, 457.054 (Vernon 2007) (prohibiting employees of municipal and
county transit departments from having a pecuniary interest in, or receiving benefits from, agreements to which the transit
departments are a party).
5you do not ask and we do not address the application of chapter 171 of the Local Government Code, which
requires a public official having a "substantial interest..,. in real property" to abstain from participating in a vote or
decision on the matter if it "will have a special economic effect on the value of the property, distinguishable from its
effect on the public." See TEX. LOC. GOV'T CODE ANN. 171.004(a)(2) (Vernon 2008).(GA-0725)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0725, text, July 9, 2009; (https://texashistory.unt.edu/ark:/67531/metapth275621/m1/4/?q=%222009%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.