Attorney General Opinions

March 08, 2013

Legislative News

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

GA-0989: Whether a member of a governmental body may leave an open meeting to confer privately with employees of that governmental body (RQ-1083-GASummary: A private consultation between a member of a governmental body and an employee of that governmental body that does not take place within the hearing of a quorum of the other members of the governmental body does not, under the facts presented, constitute a "meeting" within the terms of chapter 551 of the Government Code.

GA-0990: Whether an economic development corporation may provide health benefits to its employees through a risk pool established under chapter 172, Local Government Code (RQ-1084-GASummary: To the extent permitted by section 501.067 of the Local Government Code, an economic development corporation may obtain health benefits for its employees through a risk pool.

GA-0991: Whether a district judge may prohibit the director of a community supervision department from delegating his duties with regard to presentence investigations (RQ-1089-GASummary: Under article 42.12, section 9(a) of the Code of Criminal Procedure, a district judge does not have authority to order the director of a community supervisions and corrections department ("director") who does not supervise defendants placed on community supervision to personally conduct a presentence investigation report. Nor does a district judge have authority to order such a director to personally appear in court to present the ordered presentence investigation report.

A director may delegate report preparation and presentation duties that article 42.12, section 9(a), does not specifically impose on someone else.

Finally, a district judge likely is not authorized to order a specifically named supervision officer to conduct a presentence investigation report.

Requests for Attorney General Opinions

RQ-1109-GA: The Hon. Glenn Hegar, Chair, Committee on Nominations, Texas State Senate, Whether a Water Control and Improvement District may adopt and enforce rules regarding illegal dumping and weed control.

RQ-1110-GA: The Hon. Joshua Hamby, Howard County Attorney, Whether a commissioners court may require a permit and charge a fee for installing an access point to a county road.

RQ-1111-GA: The Hon. Elton R. Mathis, Waller County Criminal District Attorney, Whether counties operating under the County Road Department System may accept money from private entities in exchange for agreeing to repair or improve county roads designated by the private entities.

RQ-1113-GA: The Hon. Harvey Hilderbran, Chair, Committee on Ways & Means, Texas House of Representatives, Whether implements of husbandry used at a cattle feedlot qualify as equipment used in the "production of farm or ranch products" pursuant to Tax Code section 11.161.