Attorney General Opinions and Requests

December 01, 2017

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-0172 Authority of a county commissioners court under Local Government Code section 111.062 to appoint two part-time employees to fulfill the functions of a county budget officer, and the applicability of incompatibility rules to the appointed employees (RQ-0165-KP) Summary: The common-law doctrine of incompatibility does not prohibit two individuals appointed to the positions of county budget officer and assistant budget officer from serving in those positions because of their simultaneous employment as employees of the county judge and the county commissioners court, respectively. Whether the participation of the county judge and a commissioner in department meetings with the county budget officer and the assistant budget officer constitutes the preparation of the budget contrary to chapter 111, subchapter C is a question of fact.

KP-0173 Whether an attorney serving a county pursuant to a collection contract under article 103.0031 of the Code of Criminal Procedure may collect delinquent restitution owed to a crime victim (RQ-0166-KP)
Summary: If a court serving the County orders a defendant to make restitution to a crime victim and payment is delinquent, a commissioners court may refer the matter to a private collections attorney under contract with the County pursuant to article 103.0031(a)(l)(A) of the Code of Criminal Procedure.

KP-0174 County authority related to a court’s registry account (RQ-0168-KP) Summary: A county treasurer does not have administrative authority over a court's registry account. A county commissioners court has only the authority necessary to perform its duties to select, designate, and contract with a depository bank for court registry accounts and to require adequate security for the accounts.

KP-0175 Whether an appraisal district is authorized to modify the boundary of a school district upon receipt of information suggesting the survey line is inaccurate (RQ-0168-KP) Summary: A tax appraisal district has no authority to detach property from one school district and transfer the property to another school district under section 13.051 of the Education Code. The Legislature has not given an appraisal district independent authority to determine or alter the boundaries established by a school district.

Requests for Attorney General Opinions

RQ-0190-KP: The Honorable Joseph C. Pickett, Chair, Committee on Environmental Regulation, Texas House of Representatives, Applicability of amendments to the Transportation Code made by Senate Bill 312, 85th Regular Session, to the Loop 1604 toll project in Bexar County.

RQ-0192-KP: The Honorable Joseph C. Pickett, Chair, Committee on Environmental Regulation, Texas House of Representatives, Whether Proposition 1 and Proposition 7 funds may be used on toll projects.

RQ-0195-KP: The Honorable Lucy Wilke, District Attorney, 216th Judicial District, Use of civil asset forfeiture funds to purchase property insurance pending appeal.​