Simultaneous Service
Re: Whether an individual may simultaneously serve as a trustee of the New Caney Independent School District and director of the East Montgomery County Improvement District (RQ-0269-GA).
Submitted by Allan B. Ritter
Chair, Committee on Economic Development
Texas House of Representatives
Summary, Opinion No. GA-307: Under the conflicting loyalties aspect of the common-law doctrine of incompatibility, an individual may not simultaneously serve as trustee of the New Caney Independent School District and director of the East Montgomery County Improvement District.
District Attorney’s Vehicle
Re: Authority of a commissioners court to require a district attorney to relinquish a vehicle (RQ-0270-GA)
Submitted by Wally Hatch
District Attorney, Hale County
Summary, Opinion No. GA-308: A commissioners court is permitted to adopt a county budget in which a county vehicle that has been allocated to one county officer is reallocated to another county officer. The commissioners court’s budget-making authority is limited to the extent that its refusal to approve a requested expenditure precludes an elected officer from carrying out the legal responsibilities of the office.
Property Tax Protest
Re: Whether an appraisal review board may schedule a hearing on a property tax protest and notify the property owner of the hearing time before the property owner has filed a written notice of protest (RQ-0274-GA).
Submitted by Jeff Wentworth
Chair, Senate Jurisprudence Committee
Texas State Senate
Summary, Opinion No. GA-311: An appraisal review board lacks authority before a property owner has filed a written notice of protest to schedule a hearing on a property tax appraisal protest and to notify the property owner about the hearing time.
Longevity Pay
Re: Whether service as an assistant prosecutor employed by the district attorney of another state qualifies as service credit for longevity pay under Government Code section 41.252(a) (RQ-0275-GA).
Submitted by Michael B. Murray
35th Judicial District Attorney, Brownwood
Summary, Opinion No. GA-312: Government Code chapter 41, subchapter D provides for longevity pay for Texas assistant prosecutors. An assistant prosecutor does not receive lifetime service credits toward longevity pay for a period in which he is employed as a felony prosecutor by a district attorney’s office in another state.
Delinquent Fine Collections
Re: Whether a county commissioners court may compel a justice of the peace to use a vendor under contract with the county to collect court fines, fees, and costs (RQ-0276-GA).
Submitted by Jeri Yenne
Brazoria County Criminal District Attorney
Summary, Opinion No. GA-313: A defendant in a matter described in section 706.002 of the Transportation Code who has failed to pay court-ordered fines or costs must pay both (1) a 30% fee if the county has contracted with a collection agent under Code of Criminal Procedure article 103.0031(g) and (2) a $30 fee if the county has entered a contract under Transportation Code section 706.002. Under articles 103.003 and 103.0031 of the Code of Criminal Procedure, a county commissioners court may contract with a private collection agent to collect delinquent fines and court costs that were imposed by a justice court. The commissioners court may not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and costs, however.
Whether a collection agent may collect a 30% collection fee under article 103.0031(b) of the Code of Criminal Procedure on the $30 administrative fee levied under section 706.006 of the Transportation Code will depend on whether the $30 fee is 60 days past due.
