Attorney General Opinions

March 03, 2016

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-0064 Circumstances under which a truancy court may refer a child to the juvenile probation department, and circumstances under which a child may be prosecuted for delinquent conduct. (RQ-0046-KP) Summary: A court would likely conclude that under subsection 65.251(b) of the Family Code, a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form-either failure to obey a truancy order or direct contempt.

A court would likely conclude that a juvenile prosecutor maintains discretion under subsection 65.252(d) of the Family Code to prosecute a child for delinquent conduct as set forth in subsection 51.03(a)(2)(C) of the Family Code even on a child's initial referral to juvenile court.

KP-0066 Ad valorem taxation of real property owned by the Texas A&M University System. (RQ-0049-KP) Summary: Property is exempt under Tax Code section 11.11 if a public entity holds legal or equitable title to the property and the property is used for public purposes. An owner who has the present right to compel legal title holds equitable title. A court is likely to determine that under subsection 11.11 (e), property held or dedicated for the support, maintenance, or benefit of an institution or institutions of higher education that is leased to students or employees of such institution or institutions is tax exempt. If such property is leased to provide private residential housing to members of the public other than students and employees of the institution or institutions, the property may lose its exemption under subsection 11.11 (e) of the Tax Code, in whole or in part.

KP-0067 County responsibilities regarding interstate extradition. (RQ-0050-KP) Summary: Pursuant to articles 51.09 and 51.13 of the Code of Criminal Procedure, a person commissioned by the Governor in an extradition requisition to receive and return an out-of-state arrestee back to the county in which an offense was allegedly committed has the duty to carry out that responsibility. The actual and necessary expenses of a person so commissioned may be paid pursuant to article 51.10 or article 51.13, section 24, of the Code of Criminal Procedure.

Requests for Attorney General Opinions

RQ-0097- KP: The Honorable Lisa Pence, Erath County Attorney, Whether a non-profit entity that has offices on land owned by a municipality may restrict the carrying of concealed handguns on the property.

RQ-0098-KP: The Honorable Nicholas “Nico” LaHood, Bexar County Criminal District Attorney, Whether a county may exclude county employees from contracting with the county in a private capacity for goods or services unrelated to their official duties.

RQ-0099-KP: The Honorable Dan Patrick, Lieutenant Governor of Texas, The constitutionality of a volunteer justice court chaplaincy program and opening daily judicial proceedings with a prayer.

RQ-0100-KP: The Honorable Wiley B. McAfee, District Attorney, 33rd & 424th Judicial Districts, Whether a commissioners court may impose a vehicle policy that regulates the use, deployment, recording, and tracking of vehicles used by the sheriff.