Attorney General Opinions

August 23, 2013

Legislative News

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TAC has highlighted recent Attorney General Opinions and Requests for Opinions of interest to counties. 

Attorney General Opinions    

GA-1016: Application of Government Code section 573.062, the nepotism continuous-employment exception, to a school district board member’s spouse (RQ-1117-GASummary: Government Code subsection 573.062(a)(2)(B) requires that an individual be continuously employed for six months prior to the election of a school district trustee to whom the individual is related in a prohibited degree in order for the nepotism continuous employment exception to apply. Under the terms of the statute, the continuous-employment period begins the first day the employee is employed by the school district. The continuous-employment period ends the date the public official to whom the employee is related in a prohibited degree assumes office.

GA-1017: Whether Family Code section 58.0071 authorizes the custodian of physical records and files in a juvenile case to destroy hard copies in particular instances (RQ-1119-GA) Summary: Family Code subsection 58.0071(b) authorizes the custodian of physical records and files in a juvenile case to destroy hard-copy, original paper records and files at any time if the custodian electronically duplicates and stores the information in the records and files. Family Code subsection 58.0071(c) authorizes a juvenile board, law enforcement agency, or prosecuting attorney to permanently destroy paper-based and electronic records and files of closed juvenile cases subject to the restrictions of subsections 58.0071 (d) and (e). 

Requests for Attorney General Opinions

RQ-1137-GA: The Honorable R. Lowell Thompson, Criminal District Attorney, Whether Texas Constitution article 16, section 40 prohibits a constable from serving as a commissioner of an emergency services district.

RQ-1139-GA: The Honorable Renee Ann Mueller, Washington County Attorney, Whether councils of governments may qualify as "units of general local government" for purposes of the federal HOME Investment Partnerships Program.

RQ-1141-GA: The Honorable Lucinda A. Vickers, Atascosa County Attorney, The proper expenditure of pretrial intervention program funds accumulated in accordance with Code of Criminal Procedure article 102.0121.

RQ-1142-GA: The Honorable Dennis H. Bonnen, Chair, Committee on Special Purpose Districts, Texas House of Representatives, Whether the Lake Jackson Development Corporation may expend sales and use tax revenues to fund an economic development office.

RQ-1143-GA: The Honorable Ryan Guillen, Chair, Committee on Culture, Recreation & Tourism, Texas House of Representatives, The authority of a county appraisal district to place excess funds in a capital improvement fund or to spend excess funds on a one-time, lump-sum payment to its employees.

RQ-1144-GA: The Honorable Vince Ryan, Harris County Attorney, Whether a county judge may deny a petition to order a tax election for a county department of education.

RQ-1145-GA: Ms. Martha Galarza, Cameron County Auditor, Whether a county may provide internet-based local and long distance telephone service to inmates in county jails.

RQ-1146-GA: The Honorable Renee Ann Mueller, Washington County Attorney, Calculating the minimum salary of a county court at law judge under Government Code section 25.0005.