Texas Register, Volume 30, Number 1, Pages 1-58, January 7, 2005 Page: 8
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Opinion No. GA-0280
The Honorable Jose R. Rodriguez
El Paso County Attorney
County Courthouse
500 East San Antonio, Room 503
El Paso, Texas 79901
Re: Whether the Border Health Institute is a state agency for various
purposes (RQ-0229-GA)
SUMMARY
The Border Health Institute is neither a state agency within the execu-
tive branch of state government nor a local political subdivision. The
BHI may or may not be entitled to sovereign immunity. It must com-
ply with the Open Meetings Act and the Public Information Act. It is
not required to follow state procurement and contracting rules, nor is it
subject to civil service rules. The BHI need not obtain nonprofit corpo-
ration status because it has statutory authority to solicit funding from
public and private sources.
Opinion No. GA-0281
Mr. Lowry Mays, Chair
Board of Regents
The Texas A&M University System
Post Office Box C-1
College Station, Texas 77843
Re: Whether the Texas Workforce Commission Civil Rights Division
is properly interpreting the equal employment opportunity training re-
quirement of Labor Code section 21.556(a) (RQ-0240-GA)
SUMMARY
Section 21.556(a) of the Labor Code requires a state agency to pro-
vide equal employment opportunity training after three employment
discrimination complaints have been filed against the agency other than
complaints determined to be without merit. Section 21.556 does not re-
quire that the Texas Workforce Commission Civil Rights Division find
reasonable cause that discrimination has likely occurred in order to de-
termine that a complaint counts toward the training requirement. The
Texas Workforce Commission Civil Rights Division rule establishing
a procedure to determine whether a complaint is without merit reason-
ably construes section 21.556(a). However, the Commission's inter-
pretation of the rule must be consistent with the rule's plain language.
Opinion No. GA-0282
Mr. Wayne Thorburn
Administrator
Texas Real Estate Commission
Post Office Box 12188
Austin, Texas 78711-2188
Re: Whether the Texas Real Estate Commission may establish by rule
minimum service standards for a real estate broker who enters into an
exclusive agency relationship with a party to a real estate transaction
(RQ-0224-GA)
SUMMAR Y
The Texas Real Estate Commission has proposed three rules that pur-
port to clarify a listing broker's duties when negotiating for a client.Proposed Administrative Code section 535.2(d), which provides that a
listing broker may not refuse to provide certain services to that broker's
principal, is valid. Proposed Administrative Code section 535.2(e),
which prohibits behavior already prohibited by Occupations Code sec-
tion 1101.652, is valid. Finally, proposed Administrative Code section
535.2(f), which describes conduct that would not violate agency rules
or the Texas Real Estate License Act, is valid.
Opinion No. GA-0283
The Honorable Mike Stafford
Harris County Attorney
Appraisal District Section
Post Office Box 920975
Houston, Texas 77292-0975
Re: Whether Tax Code section 6.025(d) requires chief appraisers in
overlapping appraisal districts to enter on the tax roll either the prop-
erty's lowest market value or lowest appraised value established by the
two districts, but not both the lowest market value and the lowest ap-
praised value (RQ-0239-GA)
SUMMARY
With respect to property lying in overlapping appraisal districts, section
6.025(d) of the Tax Code requires the chief appraiser of each of the
overlapping districts to enter in the appraisal records the lowest values,
appraised and market, listed by any of the overlapping districts.
Opinion No. GA-0284
The Honorable Tom Maness
Jefferson County Criminal District Attorney
Post Office Box 2553
Beaumont, Texas 77704
Re: Which entity has authority to approve retirement and medical ben-
efits for the Jefferson County Waterway and Navigation District Board
members: the Jefferson County Commissioners Court or the Waterway
and Navigation District Board (RQ-0243-GA)
SUMMARY
Section 62.070 of the Water Code, which authorizes a county com-
missioners court to determine "compensation" for navigation district
commissioners, pertains only to monetary compensation. The naviga-
tion district may determine whether to provide district commissioners
with retirement and medical benefits under sections 60.011 and 60.014
of the Water Code. The navigation district board also may determine
whether to pay a portion of the commissioners' dependents' coverage
under section 172.004 of the Local Government Code.
Opinion No. GA-0285
Donald W. Patrick, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Post Office Box 2018
Austin, Texas 78768-2018
Re: Proper construction of Occupations Code section 155.051, which
establishes a time period for applicants to take the medical license ex-
amination, and section 155.056, which limits the number of times an
applicant may take the examination (RQ-0248-GA)
SUMMARY30 TexReg 8 January 7, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 1, Pages 1-58, January 7, 2005, periodical, January 7, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97274/m1/8/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.