Judges Serving on Juvenile Board
Re: Compensation of judges serving on a juvenile board (RQ-0861-GA).
Submitted by R. Kelton Conner
Hood County Attorney
Summary, Opinion No. GA-799: Pursuant to section 152.0034(b) of the Human Resources Code, the Hood County Commissioners Court has the authority to establish, increase, decrease, or eliminate the compensation paid to the judges serving on the Hood County Juvenile Board.
Appraisals of Hurricane-Damaged Property
Re: Proper method of appraising the value of residence homesteads damaged by Hurricane Ike in 2008 (RQ-0851-GA).
Submitted by Kurt Sistrunk
Galveston County Criminal District Attorney
Summary, Opinion No. GA-805: Calculation of the 2010 appraised value of a residence homestead damaged by Hurricane Ike in 2008 and renovated to its pre-storm status is determined by section 23.23(f) of the Tax Code so long as the structure was "rendered uninhabitable or unusable." If the structure was not rendered uninhabitable or unusable, calculation of the 2010 appraised value is dependent upon whether the renovations may reasonably be said to constitute a mere "repair" or a "new improvement" under section 23.23(e). If the structure was rendered uninhabitable or unusable, calculation of the 2010 appraised value is dependent upon the appraised value the property would have had in 2009 but for the storm damage, together with the market value of all new improvements to the property as described by subdivision (f)(2).
Commissioners Court, Traffic Regulation
Re: Authority of a commissioners court to regulate traffic on roads located in an unincorporated area of the county but within the boundaries of a fresh water supply district (RQ-0876-GA).
Submitted by Paul Johnson
Denton County Criminal District Attorney
Summary, Opinion No. GA-809: The Denton County Commissioners Court likely has no authority under Transportation Code section 251.016 to post speed limits, provide restricted traffic areas for school zones, install traffic control devices, and impose parking restrictions on non-county maintained public roads in subdivisions located within a fresh water supply district in an unincorporated area of Denton County. A court could, however, conclude otherwise. The Denton County Commissioners Court has no authority under Transportation Code sections 251.151, 251.154, 251.155, 251.156, and 542.007 to post speed limits, provide restricted traffic areas for school zones, install traffic control devices, and impose parking restrictions on non-county maintained public roads in subdivisions located within a fresh water supply district in an unincorporated area of Denton County. A fresh water supply district has no authority under Water Code chapters 49 and 53 to post speed limits, provide restricted traffic areas for school zones, install traffic control devices, and impose parking restrictions on non-county maintained public roads in subdivisions located within the district in an unincorporated area of Denton County.
Professional Fee Exemption
Re: Application of the fee exemption for certain certified public accountants who are employees of governmental entities (RQ-0881-GA).
Submitted by Mr. William Treacy
Executive Director
Texas State Board of Public Accountancy
Summary, Opinion No. GA-811: Because the Brazos River Authority (the "River Authority") is, in its enabling legislation, designated a municipality, we believe a court would conclude that the River Authority is a municipal government for purposes of Occupations Code subsection 901.410(1). Accordingly, an employee of the River Authority who holds a license under the Texas Public Accountancy Act and otherwise qualifies for the exemption is exempt from the professional fees imposed under Occupations Code sections 901.406 and 901.407.
Jail Commissary Revenue
Re: Whether revenue from the sale of prepaid phone cards in a county jail commissary should be credited to the sheriff or to the general fund of the county (RQ-0867-GA).
Submitted by Scott Brumley
Potter County Attorney
Summary, Opinion No. GA-814:
Revenue from the sale of prepaid phone cards in the county jail commissary should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the county.
Court’s Authority to Retain Independent Counsel
Re: Authority of the Dallas County Commissioners Court to retain independent legal counsel in particular circumstances (RQ-0870-GA).
Submitted by Florence Shapiro
Chair, Committee on Education
Texas State Senate
Submitted by Virginia Porter
Dallas County Auditor
Summary, Opinion No. GA-816: Although the Dallas County Criminal District Attorney has broad authority over most criminal matters and a duty to represent the state in those matters in Dallas County, he does not have a duty to represent Dallas County in all civil matters. However, the Dallas County Criminal District Attorney does have the power to select counsel and to determine the terms and duration of the engagement where the representation will include filing or defending a suit by or against the County. While the Dallas County Criminal District Attorney is not barred from exercising this or any other power on account of his status as a state prosecutor under the statutory provision defining and constraining that office, he is subject to ethical rules governing conflicts of interest that could preclude him from selecting counsel. Whether such a conflict exists is a matter for the Criminal District Attorney and the County Commissioners to determine in the first instance and, barring agreement, as an ancillary matter for the civil court.