Attorney General Opinions

November 21, 2014

Legislative News

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

GA-1085 Authority of the Dallas County Juvenile Board to hire an attorney as in-house counsel (RQ-1198-GASummary: A court would likely conclude that the Dallas County Juvenile Board may hire an attorney as a full-time employee to provide in-house legal services if the Board determines that the position is necessary to fulfill its legislative mandate to provide juvenile probation services. 

GA-1086 Authority of an entity to require and maintain a photocopy of the credentials of a person covered by section 552.1175 of the Government Code (RQ-1199-GASummary: Subsection 552.1175(b) of the Government Code neither requires nor prohibits a governmental entity from photocopying the evidence that verifies a person's employment status as a current or former law enforcement individual under subsection 552.1175(a). No source of law prohibits a governmental body that chooses to photocopy the evidence of an individual's status submitted pursuant to section 552.1175 from retaining the copies. Such materials are likely subject to exceptions from public disclosure under the Public Information Act. Subsection 552.139(b)(3) of the Government Code provides that "a photocopy or other copy of an identification badge issued to an official or employee of a governmental body" is confidential and may not be released. 

GA-1087 Whether a person who was convicted of a misdemeanor involving moral turpitude but who received “judicial clemency” is eligible to act as a bail bond surety (RQ-1200-GASummary: A court would likely conclude that a person who was convicted of a misdemeanor involving moral turpitude but who received judicial clemency under article 42.12, section 20(a) of the Code of Criminal Procedure, if otherwise qualified, is eligible to act as a bail bond surety. 

Requests for Attorney General Opinions

RQ-1228-GA: The Honorable Elton R. Mathis, Waller County Criminal District Attorney, Payment of attorney’s fees for members of a county commissioners court under criminal investigation for potential violations of the Open Meetings Act.

RQ-1229-GA: The Honorable Lois W. Kolkhorst, Chair, Committee on Public Health, Construction of article III, section 49-k of the Texas Constitution, related to the Texas Mobility Fund, in light of the 2001 ballot language proposing the constitutional amendment. 

RQ-1231-GA: The Honorable Lucinda A. Vickers, Atascosa County Attorney, Deposit of restitution funds ordered in a criminal judgment by a statutory county court.

RQ-1232-GA: Mr. Kim C. Wyatt, Chair, Board of Directors, Trinity River Authority of Texas, Whether the Open Meetings Act prohibits a governmental body from holding a meeting at a location that requires the presentation of photo identification.