Attorney General Opinions

August 06, 2015

Legislative News

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

Attorney General Opinions

KP-0027 Whether section 157.901 of the Local Government Code requires a county to provide representation to a county judge involved in a disciplinary proceeding before the State Commission on Judicial Conduct. (RQ-0005-KP) Summary: Because a court is unlikely to conclude that the term "sued" in subsection 157.901(a) of the Local Government Code encompasses a disciplinary proceeding of the Commission on Judicial Conduct, subsection 157.901(a) likely does not require a county to defend a judge in a proceeding before the Commission.

Requests for Attorney General Opinions

RQ-0032-KP: Vincent J.M. Di Maio, Presiding Officer, Texas Forensic Science Commission, Responsibilities of the Texas Forensic Science Commission under article 39.14 of the Code of Criminal Procedure.

RQ-0033-KP: The Honorable Marco A. Montemayor, Webb County Attorney, Authority of a commissioners court, after adoption of the budget, to adopt a standing budget policy that automatically reduces the salary line item of an employee of an elected official upon the employee’s departure from the position.

RQ-0035-KP: The Honorable Susan Hawk, Dallas County District Attorney, Authority of a district attorney to use the hot check fund to pay for expenses related to the improper towing, impoundment, and sale of a federally-seized vehicle.

RQ-0036-KP: The Honorable Val J. Varley, Red River County and District Attorney, Whether the common-law doctrine of incompatibility prohibits simultaneous service as a county sheriff and a member of the board of trustees of a school district.

RQ-0040-KP: The Honorable Allison Palmer, 51st Judicial District Attorney, The extent to which firearms may be excluded from buildings that contain courts, offices utilized by the courts, and other county officials.

RQ-0041-KP: The Honorable Chris Taylor, Tom Green County Attorney, Construction of terms under the Texas Indigent Health Care and Treatment Act and relevant federal laws in relation to a county’s provision of indigent health care.