Attorney General Opinions

October 06, 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-0112 Whether the State is required to assume liability when a local retirement system created pursuant to title 109 of the Texas Civil Statutes is unable to meet its financial obligations. (RQ-0101-KP) Summary: A court would likely conclude that the State is not required to assume liability when a municipal retirement system created under title 109 of the Texas Civil Statutes is unable to meet its financial obligations.

KP-0115 Under what circumstances Texas courts afford deference to agency interpretations of statutes. (RQ-0110-KP)Texas state courts consider deferring to an agency's interpretation of a statute only when the agency adopts the construction as a formal rule or opinion after formal proceedings. Even when the agency has formally adopted a construction, a state court will defer to that construction only upon finding that ambiguity exists in the statute at issue and that the agency's construction is reasonable and consistent with the statute's plain language.

Requests for Attorney General Opinions

RQ-0127-KP: The Honorable Daphne Session, Houston County Attorney, Whether time spent as a county employee may be considered in determining county longevity pay when the employee becomes an elected county officer.

RQ-0128-KP: The Honorable Charles Perry, Chair, Committee on Agriculture, Water & Rural Affairs, Texas State Senate, Whether adoption of the American Bar Association's Model Rule of Professional Conduct 8.4(g) would constitute a violation of an attorney's statutory or constitutional rights.

RQ-0129-KP: The Honorable Stephen B. Tyler, Victoria County Criminal District Attorney, Procedures for a grand jury to report its findings and the district clerk's obligations related to that report.

RQ-0131-KP:  The Honorable Jerry D. Rochelle, Bowie County Criminal District Attorney, The effect of a conviction in another state, and a subsequent restoration of rights by the other state, on an individual's ability to run for or hold public office in Texas.

RQ-0132-KP: The Honorable Martin Placke, Lee County Attorney, Which type of bond is required of a county attorney who also performs the functions of a district attorney.