February 5, 2013
Special to The Police News
Opinion No. GA-0986
Go to: https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2013/pdf/ga0986.pdf
Re: Whether a prosecutor may require that a defendant enter a guilty plea as a condition for participation in a pretrial diversion program under section 76.011 of the Texas Government Code(RQ-1072-GA)
Request for Opinion: https://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2012/pdf/rq1072GA.pdf
Summary: Due to the lack of controlling legal authority, we cannot advise you whether a prosecutor may require defendants to plead guilty as a condition for pretrial intervention under section 76.011 of the Government Code. It is for the Legislature to provide a more explicit legal framework governing the scope and operation of pretrial diversion in this State.
Opinion No. GA-0987
Go to: https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2013/pdf/ga0987.pdf
Re: Authority of the Comptroller to implement rules regarding the imposition and collection of a sales and use tax by a municipality under particular circumstances(RQ-1078-GA)
Request for Opinion: https://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2012/pdf/rq1078GA.pdf
Summary: The Comptroller has concluded that, pursuant to Tax Code sections 321.106 and 321.108, voters in areas annexed for limited
purposes under Local Government Code section 43.0751 must be given the opportunity to vote on the imposition of fire control and crime control district taxes before a municipality may impose them on those areas. As the agency charged with administration, collection and enforcement of the taxes authorized by chapter 321, the Comptroller's reasonable interpretation would likely be shown deference by the courts.
Opinion No. GA-0988
Go to: https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2013/pdf/ga0988.pdf
Re: Whether a county may provide mandatory solid waste disposal services, by contract or otherwise, in an area of the county that is within the extraterritorial jurisdiction of a municipality but that is not receiving such service from the municipality (RQ-1081-GA)
Request for Opinion: https://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2012/pdf/rq1081GA.pdf
Summary: While section 364.034 of the Health and Safety Code authorizes a county to provide mandatory solid waste disposal services in its territory, section 364.011 limits that authority by denying a county authority to regulate in a municipality's ETJ.
Section 364.031 of the Health and Safety Code authorizes cooperative agreements between a municipality and a county that would permit' the county to provide mandatory solid waste disposal services in an area of the county that is within the extraterritorial jurisdiction of the municipality that is not receiving such services from the municipality.