GA-0757: Honorable John Mark Cobern, Titus County Attorney, whether the Behavioral Health Unit of the Titus Regional Medical Center is a "private facility" for purposes of section 118.055, Local Government Code.

Summary: A court would likely conclude that the Behavioral Health Unit of the Titus Regional Medical Center, as part of the Titus County Hospital District, is not a "private facility" for purposes of section 118.055, Local Government Code.

GA-0758: Honorable René O. Oliveira, Chair, Committee on Ways & Means, Texas House of Representatives, whether the South Texas Water Authority may adopt an effective tax rate under the provisions of chapter 26 of the Tax Code.

Summary: Pursuant to subsection 49.107(g) of the Water Code, the Legislature has prohibited the South Texas Water Authority from utilizing the procedures and calculations in sections 26.04, 26.05, and 26.07 of the Tax Code to adopt its tax rate.

GA-0759: Mr. Robert Scott, Commissioner of Education, Texas Education Agency, Authority of a licensing agency to obtain criminal history information regarding an applicant.

Summary: Subchapter D of chapter 53 of the Texas Occupations Code authorizes a potential applicant for a business, professional, or occupational license to request from the licensing authority a criminal history evaluation letter regarding the person's eligibility for the license. The State Board for Educator Certification (the "SBEC") is authorized to require that such a request contain any information necessary to allow an investigation and a determination as to eligibility on the basis of the criminal conviction or deferred adjudication set out in the request. What information may be necessary for that purpose is a matter within the reasonable discretion of the SBEC in the first instance.

Under section 53.104(b), a licensing authority must consider all the evidence relevant to the determination of eligibility with respect to the conviction or deferred adjudication at issue that is reasonably available to the agency at the time of issuing the criminal history evaluation letter. What information is "reasonably available" in this context is largely a question of fact that must necessarily be determined by the licensing authority in the first instance.

GA-0760: Honorable Yvonne Davis, Chair, Committee on Urban Affairs, Texas House of Representatives, authority of a sheriff to accept a fee from a private organization that contracts with the sheriff's county to operate the county jail.

Summary: Neither the Texas Constitution nor Texas statutes authorize the person holding the office of county sheriff to be paid an administrative fee by a private organization.