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Texas AG Opinion Issued on Payment of Civil Penalties |
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November 29, 2009
Last week, Texas Attorney General Opinion No. GA-0747 (2009) was issued on "Whether a school district may expend district funds to pay a civil penalty imposed by a municipality." The Opinion affirmed that a school district may legally pay civil penalties imposed on the district.
The Summary to the Opinion stated:
"If the College Station Independent School District is liable for a civil penalty imposed upon it pursuant to chapter 707 of the Texas Transportation Code and the City of College Station's Code of Ordinances, its payment of the penalty would not contravene article III, sections 51 and 52(a) of the Texas Constitution. However, if the District is not liable for a civil penalty, payment of that penalty by the District may violate article III, sections 51 and 52(a), unless the payment accomplishes a public purpose of the District, with a clear public benefit received in return, and there are adequate public controls in place to ensure that the public purpose is accomplished."
To read the opinion, click on the link below.
http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2009/htm/ga-0747.htm
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