TX A.G. Opinion: Enforcing Big Truck Weight Enforcement on the Gulf Coast.

The opinion requestor: Liberty County Attorney

The issue that the Liberty County Attorney wants the Attorney General to answer: Whether an elected constable and his deputies may simultaneously serve under the sheriff, specifically to perform tasks related to the duties of a weight enforcement officer. 

Why Liberty County Attorney thinks an elected constable can also serve as a weight enforcement officer?  Article XVI, Section 40 oft he Texas Constitution does not prohibit an elected constable…

Upcoming Texas Attorney General Question: Private Toll Companies & Fees.

Chairman Joe Pickett wants the Texas Attorney General to clarify to what extent are the limitations of fee assessments placed upon TXDOT also placed upon private entities that operate tolls.

Pickett’s exact question: 

To what extent are the provisions (?(Section 228.0547(b), Transportation Code, as added by S.B. 312, Acts of tne 85th Legislature, Regular Session, 2017, ”powers and duties” o f the Texas Department o f Transportation that apply under Section 228. 059, Transportation Code,…

Texas A.G. Opinion. Manufacturers and Dealerships. 3 Points of Clarity from the A.G.

Texas Attorney General Opinion KP- 0156 lays down the law on what constitutes when a manufacturer owns a dealership in Texas. The nuts and bolts of the opinion:

  • A company that owns a manufacturer, but exercises no control over the manufacturer, & the company and manufacturer do not have common control, it does not trigger the manufacturer dealer prohibition in Texas
  • Even, if the corporate relationship squeak by on not exercising control over the manufacturer, it can still trigger the…

AG Opinion Request. Testing the Waters on Manufacturers & Dealerships.

Opinion Request, RQ-0170-KP, from texas Department of Motor Vehicles wants the Attorney General to answer this question:

  • Whether wholly owning a motor vehicle manufacturer results in affiliation with that manufacturer for purposes of section 2301.476(a)(2) of the Occupations Code.

 

What does DMV point out in its opinion request?

  • Forest River (FR) is a vehicle manufacturer
  • Berkshire Hathaway Automotive  (BHA) operates dealerships
  • Berkshire Hathaway (BH) owns Forest River
  • BHA is a…

Attorney General opinion. Motor Vehicle Registration. All about procurement.

The BIG issue: Does the DMV need county sign off to use a 3rd party vendor?

The answer: No.

The jockeying among levels of government behind the issue: The Transportation Code gives both the state DMV and county tax assessors authority over aspects of vehicle registration.

2017 clarification forthwith…

Texas Attorney General Opinion KP-129

2 Ways Texas Laws Can Block High Speed Rail

The questions will be first answered by Attorney General Opinion request, RQ-0113-KP, and in all likelihood later answered by the courts.

  • Is Texas Central Rail a railroad under Texas law, if it hasn’t built a railroad?
  • Does Texas law grant Texas Central Rail eminent domain authority, if it isn’t a railroad? or, if it is a railroad?

Slate | Will Texas Law Trip Up a $10 Billion High-Speed Rail Project?

Attorney General Opinion: Design-Build. TXDOT Options. Appropriations Rider Fail.

In Attorney General Opinion KP-0077, the question being answered is: Does TXDOT have authority to neter into design-build contracts for 2016-2017?

How did the question arise? A conflict between the appropriations bill & Section 223.242, Transportation Code.

The Attorney General’s conclusion: Yes, TXDOT can enter into design build contracts, with limits.

What limits does the Attorney General note on TXDOT’s design-build authority?

  • Design Build only OK for contracts over $150…

The Genesis of Transportation Reinvestment Zones. 4 Things to Know. The AG Opinion that Detailed it.

In 2012, Attorney General Abbott was asked by Chairman Pickett to answer questions about:

  • The Authority of a county to form a transportation reinvestment zone
  • Whether the zone can collect an ad valorem tax increment
  • Can the funds be  pledged and assigned to secure bonds to pay the cost of a transportation project ?

The Attorney General Opinion GA-0981:

  • Transportation Code Chapter 222 lays out Transportation Reinvestment Zone parameters
  • Since we’re talking about Ad Valorem Increment…