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Public Safety

State of Texas
Texas Attorney General's Office
Opinion Notifications
Tuesday, May 08, 2018

The Texas Attorney General's Office today issued legal opinions on two matters concerning state law, including whether a school district board of trustees may establish term limits for trustees as part of the district's governance policy.

Regarding the question of establishing term limits for trustees, the Attorney General's Office stated that "a court would likely conclude that the statutory grant of general governing power to independent school district boards does not authorize the boards to adopt term limits for their trustees." Opinion

The opinion was requested by Texas State Representative Jodie Laubenberg, chair of the Texas House Committee on Elections. Request

The Attorney General's Office issued an opinion regarding whether Proposition 1 and Proposition 7 funds may be used on toll projects.

According to the Attorney General's Office, "the Texas Transportation Commission may not spend state highway funds received pursuant to Propositions 1 and 7 to fund any toll road."

"Furthermore, the Commission may not withdraw Proposition 1 and Proposition 7 funds from the state highway fund and place them into a general fund for a partially tolled project with no mechanism for ensuring that it spends the funds as constitutionally required," stated the opinion. "The absence of a definition of 'toll road' in the constitutional provisions, statutes, or case law leaves us unable to determine whether the Commission may use Proposition 1 and Proposition 7 monies on non-tolled portions of toll projects." Opinion

The opinion was requested by Texas State Representative Joseph Pickett. Request

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