Attorney General Opinions

December 01, 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-0118 Election questions related to ballot image storage, the production of tally lists by election judges, and remedies for the unauthorized exclusion of a poll watcher
(RQ-0126-KP) Summary: Through title 7 of the Election Code, the Legislature has established separate procedures for counting the ballots and processing early voting returns. Section 87.021 of the Election Code requires that early voting clerks deliver secure ballot boxes to the early voting ballot board. Section 87.062 then requires the early voting ballot board to count the ballots and prepare returns.

Section 33.061 of the Election Code makes it a Class A misdemeanor for a person serving in an official capacity at a location at which the presence of watchers is authorized to prevent a watcher from observing an activity the watcher is entitled to observe. Title 14 of the Election Code establishes procedures for an election contest if the true outcome of the election is in dispute due to an election officer or other person officially involved in the administration of the election: (A) preventing eligible voters from voting; (B) failing to count legal votes; or (C) engaging in other fraud or illegal conduct. 

KP-0119 The effect of section 130.0827 of the Education Code on the simultaneous service of an individual as a board trustee of Blinn College and a Brazos County commissioner. 
(RQ-0108-KP) Summary: A court would likely conclude that the conflicting-loyalties aspect of common-law incompatibility precludes an individual from simultaneously serving as a member of the Blinn College Board of Trustees and as a Brazos County commissioner. 

KP-0120 Authority of a junior or community college to prohibit the carrying of concealed handguns in classrooms or other areas where minors attend class or are routinely present. 
(RQ-0109-KP) Summary: Pursuant to amendments made to chapter 411 of the Government Code and chapter 46 of the Penal Code by Senate Bill 11 from the Eighty-fourth Legislature, a junior or community college may not categorically prohibit concealed handguns from the locations you identify due to the presence of minors. Under Government Code subsection 411.2031(d-1), the president or other chief executive officer of the junior or community college may establish reasonable rules, regulations, and other provisions regarding the carrying of concealed handguns by license holders that accommodate the unique nature of a particular campus provided that such rules, regulations, or provisions do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution.


Requests for Attorney General Opinions

RQ-0139-KP:  The Honorable Nicholas LaHood, Bexar County Criminal District Attorney, Authority of a county that establishes a veterans treatment court program under Government Code chapter 124 to direct and control administrative details including the hiring and supervision of grant-funded personnel. 

RQ-0140-KPThe Honorable Rodney W. Anderson, Brazos County Attorney, Scope of residence homestead tax exemption in Tax Code section 11.13(l)(2)(B).

RQ-0142-KP: The Honorable Scott A. Say, Lamb County and District Attorney, Construction of the term "disabled" in section 82.002 of the Elections Code as applied to individuals civilly committed pursuant to chapter 841 of the Health and Safety Code.