Attorney General Opinions

September 05, 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-1075 Simultaneous service in multiple official capacities of board members of the Maverick County Hospital District (RQ-1186-GASummary: The dual office-holding provision of article XVI, section 40(a) of the Texas Constitution does not prohibit a board member of the Maverick County Hospital District from serving the county in other official capacities. Whether the conflicting-loyalties aspect of the common-law doctrine of incompatibility prohibits a board member of the Maverick County Hospital District from simultaneously serving as a commissioner of a housing authority where the two entities have contracted with each other depends on whether holding both offices is detrimental to the public interest or whether the performance of the duties of one interferes with the performance of those of the other. Such a determination is a factual inquiry, which cannot be resolved through the opinion process. A court would likely conclude that the conflicting-loyalties aspect of the common-law doctrine of incompatibility does not prohibit a board member of the Maverick County Hospital District from simultaneously serving as the Maverick County Treasurer.

GA-1076 Constitutional questions related to funding of County Energy Transportation Reinvestment Zones (CETRZ) (RQ-1187-GASummary: A county's use of tax increment financing to fund transportation projects in a county energy transportation reinvestment zone could be subject to challenge under the equal and uniform taxation requirement in article VIII, section l(a) of the Texas Constitution. A county creating a county energy transportation reinvestment zone under section 222.1071 of the Transportation Code may not place general revenue funds into the tax increment account.

GA-1077 Whether the early termination of deferred adjudication is a reportable conviction or adjudication for purposes of chapter 62 of the Code of Criminal Procedure (RQ-1188-GASummary: A court would likely conclude that an order issued under a previous version of article 42.12, section 5(c) of the Code of Criminal Procedure, granting a defendant an early termination of deferred adjudication community supervision, does not affect the deferred adjudication's potential status as an "adjudication" subject to the sex offender registration requirements of chapter 62 of the Code of Criminal Procedure.

Requests for Attorney General Opinions

RQ-1213-GAThe Honorable Andrew Lucas, Somervell County Attorney, Determination of terms of office for county hospital district board members after a tie vote in the initial election.

RQ-1214-GAThe Honorable Jim Wheeler, Wood County Criminal District Attorney, Whether a county sheriff may solicit and receive public donations for programs of the sheriff’s department.

RQ-1215-GAThe Honorable Joe C. Pickett, Chair, House Select Committee on Transportation Funding, Expenditures & Finance, Texas House of Representatives, Authority of a county to form and operate transportation reinvestment zones, tax increment reinvestment zones, or county energy transportation reinvestment zones in various circumstances.

RQ-1216-GA: The Honorable Jo Anne Bernal, El Paso County Attorney, Assessment of civil or criminal court costs in juror contempt cases under section 62.0141 of the Government Code.