Attorney General Opinions

August 01, 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-1069: Authority of the Rockwall County Juvenile Board over policy matters of the juvenile probation department, including the adoption of a personnel manual (RQ-1178-GASummary: The Rockwall County Juvenile Board possesses authority to adopt written department policy and to adopt a personnel policy manual for use by the juvenile probation department.
 

GA-1070: Whether a municipality that has a current tax rate of zero is subject to a rollback election under section 26.07 of the Tax Code or an ad valorem tax-freeze election under article VIII, section 1-b(h) of the Texas Constitution
(RQ-1179-GASummary: Under section 26.07 of the Tax Code, if a municipality's ad valorem rollback rate is zero and it adopts a tax rate above zero, the qualified voters of the municipality by petition may require that an election be held to determine whether or not to reduce the ad valorem tax rate back to zero. Article VIII, section 1-b(h) of the Texas Constitution requires a municipality with an ad valorem tax rate of zero, upon receiving a properly filed petition from five percent of authorized voters, to hold an election to determine whether to freeze the total amount of ad valorem taxes imposed on property that is subject to a residence homestead exemption owned by a person that is disabled or is 65 years of age or older.

GA-1071: Whether a charitable organization formed under section 281.0565 of the Health and Safety Code is a political corporation or subdivision of the State of Texas for purposes of article III, section 52(a) of the Texas Constitution (RQ-1180-GASummary: We cannot definitively advise you whether a court would determine that the Parkland Center for Clinical Innovation, created under section 281.0565 of the Health and Safety Code, is a political corporation or subdivision subject to article III, section 52(a) of the Texas Constitution. 

GA-1072: Whether a taxing unit may reserve mineral interests on property that is acquired through tax foreclosure and then resold pursuant to section 34.05 of the Tax Code (RQ-1182-GASummary: A court would likely conclude that section 34.05 of the Tax Code does not authorize a taxing unit to reserve mineral interests on property acquired at a tax foreclosure sale if it holds such interests at the time the property is resold under that section. 

Requests for Attorney General Opinions

RQ-1209-GA: The Honorable Nandita Berry, Texas Secretary of State, Authority of a notary public to withhold or redact certain information from a notary public record book.