Attorney General Opinions

March 27, 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-0004: The 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-1215-GASummary: Absent a constitutional amendment, it is likely a court would conclude that a county may not form and operate a county energy transportation reinvestment zone, a tax increment reinvestment zone, or a transportation reinvestment zone, to the extent that doing so utilizes a captured increment of ad valorem taxes to fund a county-created tax increment reinvestment zone.
KP-0007: Whether a county commissioners court must compensate a justice of the peace who retires prior to the end of his term. (RQ-1219-GASummary: Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose. The determination of whether a public expenditure to a justice of the peace who refuses to perform his duties as a holdover officer upon his resignation is gratuitous belongs to the commissioners court in the first instance, subject to judicial review. Thus, we cannot conclude as a matter of law that the officer in these circumstances is entitled to the salary, expenses, allowances and other benefits provided by the county.
KP-0009: Qualification for early voting by mail under section 82.002 of the Election Code. (RQ-1221-GASummary: To be eligible to vote early by mail based on a disability, a qualified voter must satisfy the standard established under section 82.002 of the Election Code. A disability determination under a different standard or definition of "disability," standing alone, is not necessarily determinative of a person's qualification for early mail-in voting under section 82.002.
KP-0010: Programs to which jurors may donate their juror reimbursement under subsection 61.003(a)(4) of the Government Code. (RQ-1224-GASummary: Subsection 61.003(a)(4) of the Government Code does not limit the donation of juror reimbursements to only juror counseling programs.

Requests for Attorney General Opinions

RQ-0015-KP: The Honorable Paige Williams, 97th Judicial District Attorney, Pertaining to the disposition of a dissolved municipality’s remaining assets.
RQ-0016-KP: The Honorable Charles Schwertner, Chair, Committee on Health and Human Services, Whether section 843.306 of the Insurance Code, regarding notice of termination by a health maintenance organization of a provider agreement with a participating provider, applies to a pharmacy benefit manager acting on behalf of the health maintenance organization.
RQ-0017-KP: Mr. Fidencio C. Ortiz, Maverick County Auditor, Construction of section 84.0085 of the Local Government Code, which governs a county auditor’s continuing education requirements.