Attorney General Opinions and Requests

April 06, 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-0135 Whether time spent as a county employee may be considered in determining county longevity pay when the employee becomes an elected officer (RQ-0127-KP) Summary: Provided any longevity pay is earned after the adoption of the longevity policy, a court would likely conclude that a county's longevity pay policy for county officials may include the prior service of the individual as a county employee.

KP-0137  Procedures for a grand jury to report its findings and the district clerk's obligations related to that report (RQ-0129-KP) Summary: The Legislature authorized grand juries to inquire into all offenses liable to indictment and report their findings by the return or rejection of an indictment.

As article 2.03(a) of the Code of Criminal Procedure does not implicitly grant the grand jury additional authority to issue reports other than indictments, a district clerk has no legal obligation to accept a grand jury report prepared under article 2.03(a) as part of an investigation into official misconduct.

Requests for Attorney General Opinions

RQ-0153-KP: The Honorable Mark A. Gonzalez, Nueces County District Attorney, Which party pays for the copy of the reporter's record filed with the trial court clerk pursuant to Rule of Appellate Procedure 34.6(h).

RQ-0154-KP: The Honorable Richard E. Glaser, Fannin County Criminal District Attorney, The validity of local stock law elections held under statutes in effect in 1918.

RQ-0155-KP: The Honorable Joseph D. Brown, Grayson County Criminal District Attorney, Whether affidavits regarding ownership of real property by adverse possession may be recorded with the county clerk pursuant to section 12.001(a) of the Property Code.​​​