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State of Texas

Texas Attorney General's Office

Opinion Notifications
Tuesday, May 08, 2012

The Texas Attorney General's Office on Monday issued opinions on several legal matters concerning state law, including an opinion on the identity of the proper prosecutorial entity to prosecute violations of criminal regulations enacted by the Commodore Cove Improvement District.

According to the opinion,the proper entity to prosecute such a violation will "general depend on the court in which the citation or complaint is filed".

"Prosecutions of such violations in justice court are to be conducted by the county attorney, district attorney, or deputy county attorney or district attorney," stated the opinion. "Prosecutions of such violations in municipal court are generally to be conducted by the city attorney or deputy city attorney." Opinion

The opinion was requested by Brazoria County Criminal District Attorney Jeri Yenne. Request

The Attorney General's Office issued an opinion regarding whether article 4.19 of the Code of Criminal Procedure permits a child under the age of 17 who has been transferred to criminal court for prosecution to be detained in a facility that does not comply with subsection 51.12(f) of the Family Code.

The Family Code section states that children detained in certain buildings "shall be separated by sight and sound from adults detained in the same building".

According to the opinion, the Code of Criminal Procedure "does not authorize the detention of a child under the age of 17 who has been transferred to criminal court for prosecution in a facility that does not comply with Family Code subsection 51.12(f).

The Attorney General's Office issued an opinion regarding whether subsection 52.072(e) the Election Code applies to all elections, including those government by section 130.037 of the Education Code.

Subsection 52.072(e) of the Election Code sets forth requirements of information to be included on the ballot for propositions to approve the issuance of bonds, including the general principal amount of the bonds to be issued and the general purpose of such bonds.

"Subsection 52.072(e) of the Election Code applies to all elections, including those governed by section 130.037 of the Education Code," stated the opinion. Opinion

The opinion was requested by State Representative Jim Jackson. Request

The Attorney General's Office issued an opinion regarding whether a member of the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments may sell hearing instruments at retail as part of his practice.

Regarding the opinion concerning whether the committee member could sell hearing instruments, the Attorney General's Office stated that the Occupations Code "prohibits the doctor member of the State Committee of Examiners in the Fitting and Dispensing from having a financial interest in a retail hearing instrument company".

"Absent statutory definitions of appropriate terms or other meaningful guidance from the Legislature or Texas courts on the meaning of the phrase 'retail hearing instrument company', we cannot definitively determine the scope of that phrase," said the Attorney General's Office. "As the administrative agency that oversees the regulation of hearing instruments, the committee is authorized to determine the scope of the meaning of the prohibition." Opinion

The opinion was requested by Texas State Representative Aaron Peña. Request

The Attorney General's Office issued an opinion regarding evidence that must be submitted with regard to an application for a residence homestead exemption under section 11.43 of the Tax Code.

According to the Attorney General's Office, "only a driver's license, personal identification certificate or vehicle registration receipt issued by this state may be used to meet the requirements of Tax Code subsection 11.43(j)(4)".

"We do not find any federal authority that would exempt military personnel from compliance with the documentation requirements for Tax Code subsection 11.43(j)(4)," stated the opinion. "The Legislature has prohibited a chief appraiser from granting a homestead exemption to an individual that does not possess a driver's license or a state-issued identification certificate. A chief appraiser may not grant a residence homestead based on an expired driver's license, state-issued certificate or vehicle registration receipt." Opinion

The opinion was requested by State Representative Harvey Hilderbran. Request

The Attorney General's Office issued an opinion regarding the proper date to hold an election in Navarro County to establish an emergency services district.

According to the opinion, "the next available date for holding an election to create an emergency services district in Navarro County is November 6, 2012, provided that such date 'allows sufficient time to comply with other requirements of law'". Opinion

The opinion was requested by Navarro County Criminal District Attorney R. Lowell Thompson. Request

The Attorney General's Office issued an opinion regarding whether a web site may charge a fee to participants who answer questions for the opportunity to win prizes.

According to the opinion, "the mere payment of an entry fee to participate in a contest that tests skill or speed, and that does not involve an element of chance, could be found not to constitute a bet under subsection 47.01(1)(B) of the Texas Penal Code". Opinion

The opinion was requested by State Representative Mike Hamilton, chair of the Committee on Licensing and Administrative Procedures. Request

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