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Texas Attorney General’s Opinions

November 30, 2012 by admin

 

Tax Freeze

Re: Implementing a
tax freeze by a county, city or town, or junior college district for persons
with disabilities or persons 65 years of age or older (RQ-0171-GA).

Submitted by Frank Madla

Chair, Intergovernmental
Relations Committee

Texas State Senate

Summary, Opinion No.
GA-222: Article VIII, section 1-b(h) of the Texas Constitution authorizes a
governing body of a home-rule municipality to call an election to adopt a tax
freeze for persons who are disabled or who are 65 years of age or older by
official action on its own motion and without a petition from the city’s
voters. A tax freeze adopted by a home-rule municipality under article VIII,
section 1-b(h) may not be repealed by an election
called pursuant to a petition of the city’s voters. Article VIII, section 1-b(h) does not permit a county, city or town, or junior
college district implementing that provision to use a year prior to
implementation as the base tax year.

 

Regulating Condominium
Development

Re: Whether a
condominium development is a subdivision subject to county regulation
under Local Government Code chapter 232 (RQ-0177-GA).

Submitted by Michael S.
Wenk

Hays County Criminal
District Attorney

Summary, Opinion No. GA-223: Local Government
Code chapter 232, subchapter A authorizes a county to determine that a
condominium development is a subdivision of land for which the landowner must
prepare and file a plat. Subchapter E of chapter 232 authorizes an urban county
to regulate a condominium development that constitutes a subdivision under
subchapter A.

 

Early Payment Discount

Re: Whether a school district may offer an early
payment discount to its taxpayers if the school district has contracted with a
county for tax collection services and the county has discontinued early
payment discounts (RQ-0179-GA).

Submitted by Jeff
Wentworth

Chairman, Senate
Jurisprudence Committee

Texas State Senate

Summary, Opinion No.
GA-225: A school district may not offer an early payment discount to its
taxpayers if the school district contracts with a county for tax collection
services and the county does not offer early payment discounts for county
taxes.

 

Paper Copy of Electronic
Record

Re: Whether a county
clerk must accept for recording a paper copy, containing printed images of
signatures or a printed image of a notary seal, of an electronic record of a
real estate transaction (RQ-0186-GA).

Submitted by Eugene D.
Taylor

Williamson County Attorney

Summary, Opinion No. GA-228: Nothing in the
E-Sign Act, 15 United States Code chapter 96, or the Uniform Electronic
Transactions Act (the “UETA”), chapter 43 of the Texas Business and
Commerce Code, requires a county clerk to accept real estate filings that
contain copies of electronic signatures. Similarly, nothing in the UETA, nor in section 406.013 of the Government Code, requires a
county clerk to accept real estate filings containing a copy of an
electronically transmitted notary public seal. Neither the UETA nor section
406.013 requires a county clerk to accept faxed real estate filings.
Furthermore, current statutory requirements in the Property Code appear to
prohibit a county clerk’s recording of an electronically generated record or a
copy of such a record, including an electronically generated signature or
notary public seal or a faxed document. Finally, a county clerk who refuses to
accept an electronically generated real estate filing is not liable for civil
penalties under section 11.004(b) of the Property Code.

 

Sheriff and County Contract

Re: Whether a county
sheriff is authorized to enter into a contract to house federal prisoners or to
accept and dispose of federal surplus property (RQ-0181-GA).

Submitted by Matt
Bingham

Smith County Criminal
District Attorney

Submitted by GA-229: In the absence of a statute
authorizing another county official to enter into a contract, the commissioners court has the sole authority to enter into
contracts binding the county. Section 351.043 of the Local Government Code does
not authorize a county sheriff to contract to house federal prisoners in the
county jail. Generally, a contract made by a county is valid and binding only
if made under the authority of a resolution or order duly passed at a meeting
of the commissioners court and entered in the minutes.
Under state law, a county sheriff is not authorized to contract for or to
accept federal surplus property as consideration for housing federal prisoners
in the county jail. In the absence of a controlling federal statute, title to
any personal property paid by the federal government as consideration for
housing federal prisoners in the county jail would vest in the county rather
than the sheriff, the jail, or the sheriff’s department. Section 81.032 of the
Local Government Code generally authorizes the commissioners
court of a county to accept donations on behalf of the county and would
authorize a commissioners court to accept a donation of property to be used by
the sheriff in performing that office’s statutory functions.

Generally, in the absence of a controlling federal
statute, federal surplus property paid to the county as consideration for
housing federal prisoners in the county jail would be included in county
inventory and disposed of like any other county property. Even if title has not
been transferred to the county or the county must obtain federal agency
approval before disposing of the property, federal surplus property received by
a county officer for county use would be included in county inventory. While
section 263.152 of the Local Government Code generally authorizes a commissioners
court to sell, trade in, donate, destroy or otherwise dispose of county salvage
or surplus personal property, the authority to donate, sell, trade, or destroy
particular county property would need to be resolved on a case-by-case basis.

 

Subdivision Regulation
Agreement

Re: Determining the
applicable deadline for a municipality and a county to complete their certified
subdivision regulation agreement as required in section 242.0015, Local
Government Code (RQ-0182-GA).

Submitted by Bryan
Goertz

Bastrop County Criminal
District Attorney

Summary, Opinion No.
GA-230: Deadlines for completing a certified subdivision regulation
agreement between a county and a municipality under section 242.0015 of the
Local Government Code are based on whether the municipality’s extraterritorial
jurisdiction extends 3.5 miles or more from its corporate boundaries, including
the extraterritorial jurisdiction established at the request of contiguous
property owners.

 

Family Protection Fee

Re: Whether the family protection fee, which
section 51.961 of the Government Code authorizes a commissioners
court to adopt, violates the open courts provision, article I, section 13 of
the Texas Constitution (RQ-0166-GA).

Submitted by Mike
Stafford

Harris County Attorney

Summary, Opinion No. GA-231: To avoid
contravening the open courts provision, article I, section 13 of the Texas
Constitution, revenues from the family protection fee, which a county may adopt
under section 51.961 of the Government Code, may be used only for court-related
purposes. Many uses that are consistent with those listed in section 51.961,
“family violence prevention, intervention, mental health, counseling,
legal, and marriage preservation services,” may be found to be court
related. The county commissioners court must determine
whether any particular use of family protection fee revenues is court related,
however.

 

Interment of Paupers

Re: Whether a county
may acquire and operate property for the exclusive interment of deceased
paupers (RQ-0185-GA).

Submitted by Yolanda de
Le?n

Cameron County District
Attorney

Summary, Opinion No.
GA-235: Pursuant to its duty under Health and Safety Code section 694.002
to provide for the disposition of the body of a deceased pauper, a commissioners court has implied authority to purchase and
maintain land for the exclusive interment of deceased paupers. The commissioners court may adopt a rule under this provision
authorizing the county to acquire and operate property for this purpose.

Filed Under: Attorney General's Opinions Tagged With: Attorney General's Opinions

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Dates of Interest for the 88th Regular Session of the Texas Legislature

Official deadlines will be set when the House and Senate adopt their rules, but until then, the Texas Legislative Council Drafting Manual provides the following general calendar: 

Bill pre-filing began:  Nov. 14, 2022 

1st day of session:  Jan. 10, 2023 

60-day bill filing deadline:  March 10, 2023  

Adjournment sine die:  May 29, 2023 

Post-session 20-day deadline for governor to sign or veto:  June 18, 2023 

Effective date (91st day after adjournment):  Aug. 28, 2023

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