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State of Texas
Texas Attorney General's Office
Thursday, September 13, 2012
The Texas Attorney General's Office has issued legal opinions in response to three request for interpretations of state law, including a request from the Brazoria County District Attorney's Office concerning the authority to operate a golf cart under certain sections of the Transportation Code.
In response to the request concerning golf carts, the Attorney General's Office said " person is operating a golf cart legally for purposes of section 551.403 of the Texas Transportation Code if a person is operating a golf cart within the parameters of subsection (a)(1), (a)(2), or (a)(3) of that section".
"Subsection 551.403(a)(3) of the Transportation Code allows operation of a golf cart on a public highway only if, among other requirements, the golf cart is operated not more than two miles from the location where the golf cart is usually parked and is operated only for the purpose of transportation to or from a golf course," said the opinion.
The opinion was requested by Brazoria County District Attorney Jeri Yenne.
The Attorney General's Office issued an opinion regarding the confidentiality of alcoholic beverage reports submitted to the Texas State Comptroller's Office under the Tax Code.
According to the opinion, "information from alcohol beverage reports that is required to be furnished to authorized persons under the circumstances described in section 111.006(h), Tax Code, must identify the retailers to whom the alcoholic beverages are sold".
The opinion was requested by Deputy Controller Martin A. Hubert of the Texas Comptroller's Office.
The Attorney General's Office issued an opinion regarding the transfer of a tax lien pursuant to section 32.06 of the Tax Code, and the items that may be secured by the transferred lien.
According to the Attorney General's Office, "the tax assessor-collector, acting alone, must carry out the
statutorily required duties related to a transfer of a tax lien under section 32.06 of the Tax Code".
"Neither the tax assessor-collector nor the governing body of the taxing unit is empowered to deny the transfer of a tax lien if the conditions of section 32.06 of the Tax Code are otherwise met," said the opinion. "A court could conclude that closing costs and lien recordation fees charged by a property tax lien transferee under section 32.06 of the Tax Code are secured by the transferred tax lien."
The opinion was requested by Texas State Representative Burt R. Solomons.
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