Attorney General Opinions

February 26, 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-0003: Whether a county sheriff may solicit and receive public donations for programs of the sheriff's department. (RQ-1214-GA) Summary: Pursuant to section 81.032 of the Local Government Code, the commissioner's court is the proper body to receive and accept donations on the county's behalf. To the extent that members of the public send donations to the sheriff, the sheriff should immediately forward those donations to the commissioner's court for proper handling.

KP-0002Determination of the terms of office for county hospital district board members who received the same number of votes in the initial election. (RQ-1213-GASummary: When a hospital district created under chapter 286 of the Health and Safety Code elects its initial permanent board of directors in an at-large election, the majority of the directors who receive the highest number of votes serve two-year terms. A court could conclude' that when two directors of a seven member board both receive the fourth-highest total number of votes, they both are included in the majority who serve two-year terms

Requests for Attorney General Opinions

RQ-0008-KP: The Honorable Sharen Wilson, Tarrant County Criminal District Attorney, Authority of a county hospital district to create a charitable organization under section 281.0565 of the Health and Safety Code and related governance questions.

RQ-0009-KPThe Honorable Jane Nelson, Committee on Finance Chair,
Constitutionality of section 54.341 of the Education Code, the Hazelwood Act.

RQ-0010-KP: The Honorable Renee Ann Mueller, Washington County Attorney, Whether a county attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collection.

RQ-0010-KP: The Honorable Renee Ann Mueller, Washington County Attorney, Whether a county attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collection.

RQ-011-KPThe Honorable Susan Hawk, Dallas County District Attorney, Duty of a county to provide legal representation for a former county employee under section 157.901(a) and (b) of the Local Government Code.

RQ-0013-KPThe Honorable Aggie Chen Button, Chair, Economic and Small Business Development, Whether chapter 681 of the Transportation Code authorizes a political subdivision to contract with a private business to enforce the privileged parking laws within that chapter.