Attorney General Opinions

September 26, 2014

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-1079 The authority of members of a governmental body to participate in a meeting by videoconference call under section 551.127 of the Government Code (RQ-1191-GA) Summary: An in-person meeting of an open-enrollment charter school's governing board must be physically accessible to the public to comply with the Open Meetings Act. Because accessibility depends on particular facts, we cannot conclude that an open-enrollment charter school's governing board may conduct such a meeting in compliance with the Act beyond its geographic service area.

An open-enrollment charter school's governing board may conduct an open meeting by videoconference call as provided by section 551.127 of the Government Code. Provided that the member of the board of the open-enrollment charter school presiding over the meeting is present at a physical location open to the public in or within a reasonable distance of the charter school's geographic territory, other members of the board may participate in a videoconference call meeting from remote locations outside of the geographic service area, including areas outside of the state.

GA-1082 Whether section 11.0641 of the Education Code requires school district trustees to file personal financial statements in specific circumstances (RQ-1194-GA) Summary: A school district trustee subject to section 11.0641 of the Education Code who holds office at any time on or after January 1, 2015, including in a holdover capacity, must file a financial statement under section 11.0641 for the 2014 calendar year. A school district trustee who has resigned and whose successor has been duly qualified and sworn into office prior to January 1, 2015, is not required to file a 2014 financial statement under section 11.0641.

The El Paso County Commissioners Court lacks authority to impose additional burdens or conditions in excess of the existing statutory filing requirements chosen by the Legislature. 

Requests for Attorney General Opinions

RQ-1219-GA: The Honorable R. Lowell Thompson, Criminal District Attorney, Whether a commissioners court must compensate a justice of the peace who retires prior to the end of his term.

RQ-1221-GAThe Honorable W. Coty Siegert, Robertson County Attorney, Qualification for early voting by mail under section 82.002 of the Election Code.

RQ-1222-GAMr. David Slayton, Administrative Director, Office of Court Administration, Authority of a constitutional county court judge or commissioners court to appoint and terminate a court administrator for the county’s district and statutory county courts.