Municipal Drainage Charge
Re: Whether, under an agreement entered into pursuant to section 242.001(d)(4)(B) of the Local Government Code, a county may assess a municipal drainage charge under chapter 402, subchapter C of the same code in connection with the approval of a plat for a subdivision in the municipality’s extraterritorial jurisdiction (RQ-0334-GA).
Submitted by Dib Waldrip
Comal County Criminal District Attorney
Summary, Opinion No. GA-366: An agreement between a county and a municipality entered into pursuant to Local Government Code section 242.001(d)(4)(B), which provides for a consolidated and consistent set of regulations related to plats, subdivision construction plans, and subdivisions of land in the municipality’s extraterritorial jurisdiction, may not authorize the county to assess a drainage charge on behalf of the municipal drainage utility system. In addition, an interlocal contract between a county and a municipality entered into under Government Code chapter 791 may not authorize the county to assess a drainage charge on behalf of the municipal drainage utility system.
Re: Whether Harris County Animal Control must provide to a private corporation that contracts with the city of Houston information made confidential under chapter 826 of the Health and Safety Code (RQ-0338-GA).
Submitted by Mike Stafford
Harris County Attorney
Summary, Opinion No. GA-367: Because PetData is not a “governmental entity,” Harris County Animal Control is prohibited from disclosing to PetData any “information contained in a rabies vaccination certificate or in any record compiled from the information contained in one or more certificates that identifies or tends to identify an owner or an address, telephone number, or other personally identifying information of an owner of a vaccinated animal is confidential and not subject to disclosure under Chapter 552, Government Code.”
Judge’s Back Pay
Re: Whether a statutory county court judge may recover back pay from the county, which failed to pay the judge the salary to which the judge was entitled under Government Code section 25.0005 (RQ-0341-GA).
Submitted by Greg Lowery
Wise County Attorney
Summary, Opinion No. GA-370: A judge’s action for back pay under section 25.0005 of the Government Code is subject to the four-year statute of limitations that section 16.004(a)(3) of the Civil Practice and Remedies Code sets forth. A court likely would find that a judge should have discovered, through the exercise of reasonable diligence, the salary he was due. But whether a particular injury is a type that is inherently undiscoverable is a question requiring the resolution of fact questions that are beyond the scope of the opinion process. In addition, whether the county’s conduct in a particular case constitutes fraud or fraudulent concealment is also a question requiring an examination of evidence and the resolution of fact questions. Governmental immunity bars a suit against a county for back pay brought by a judge who did not receive the compensation to which he was entitled under section 25.0005(a).
Court Reporter Service Fee
Re: Whether a county clerk may collect a court reporter service fee under section 51.601 of the Government Code if the county court has not appointed an official court reporter (RQ-0343-GA).
Submitted by Robert F. Vititow
Rains County Attorney
Summary, Opinion No. GA-372: A county clerk may not collect a court reporter service fee under section 51.601 of the Government Code if the county court has not appointed an official court reporter.