Attorney General Opinions

February 08, 2013

Legislative News

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

GA-0984: Whether a junior college district is considered to be a "school district" for purposes of section
395.022, Local Government Code, which relates to the payment of impact fees to a political subdivision.
 

(RQ-1076-GASummary: A court would likely conclude that the term "school district" as used in subsection 395.022(b) of the Local Government Code includes junior college districts.

GA-0986: Whether a prosecutor may require that a defendant enter a guilty plea as a condition for participation in a pretrial diversion program under section 76.011 of the Texas Government Code(RQ-1072-GASummary: Due to the lack of controlling legal authority, we cannot advise you whether a prosecutor may require defendants to plead guilty as a condition for pretrial intervention under section 76.011 of the Government Code. It is for the Legislature to provide a more explicit legal framework governing the scope and operation of pretrial diversion in this State.

GA-0988: Whether a county may provide mandatory solid waste disposal services, by contract or otherwise, in an area of the county that is within the extraterritorial jurisdiction of a municipality but that is not receiving such service from the municipality (RQ-1081-GASummary: While section 364.034 of the Health and Safety Code authorizes a county to provide mandatory solid waste disposal services in its territory, section 364.011 limits that authority by denying a county authority to regulate in a municipality's ETJ.

Section 364.031 of the Health and Safety Code authorizes cooperative agreements between a municipality and a county that would permit' the county to provide mandatory solid waste disposal services in an area of the county that is within the extraterritorial jurisdiction of the municipality that is not receiving  such services from  the municipality.

Requests for Attorney General Opinions


RQ-1105-GA: The Honorable Bill Moore, Johnson County Attorney, Whether a county is a "covered entity" under Health and Safety Code section 181.001(b)(2) and is thereby subject to the Health Insurance Portability and Accountability Act.

RQ-1106-GA:  The Honorable Leticia Van de Putte, Chair, Committee on Veteran Affairs and Military Installations, Texas State Senate, Whether the Qualified Allocation Plan adopted by the Texas Department of Housing and Community Affairs complies with Government Code section 2306.6710

RQ-1107-GA: Ms. Jo Anna Johnson, San Augustine County Auditor, Whether a commissioners court may enter into an agreement authorizing the county to forward invoices for road construction to a third party, who then pays the county for the construction.