Attorney General Opinions and Requests

January 05, 2018

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-0176 Whether handgun license holders may carry handguns on the premises of a church that does not post signs excluding handguns and whether churches are exempt from the private security fees charged to private institutions (RQ-0196-KP) Summary: Unless a church provides effective oral or written notice prohibiting the carrying of handguns on its property, a license holder may carry a handgun on church property as the law otherwise allows. The regulations of the Private Security Act, including the fees required thereunder, do not apply to Texas churches when providing volunteer security services consistent with the requirements of section 1702.333 of the Occupations Code.

Requests for Attorney General Opinions

RQ-0197-KP: The Honorable Luis V. Saenz, Cameron County District Attorney, Authority of a Justice of the Peace to hire a bailiff and warrant officer and related duties of a constable.

RQ-0198-KP: The Honorable J.M. Lozano, Chair, Committee on Higher Education, Texas House of Representatives, Whether a member of a school district board of trustees is subject to the resign to run provisions of article 16, section 65 of the Texas Constitution and whether an officeholder listed in that section automatically resigns by making a statement that the officeholder is considering or exploring a candidacy for another office.

RQ-0200-KP: Mr. Edward A. Dion, El Paso County Auditor, County authority to collect or delegate the collection of money owed to the county.

RQ-0204-KP: The Honorable Renee Ann Mueller, Washington County Attorney, Authority of a Justice of the Peace to designate a specific peace officer or law enforcement agency to execute an emergency detention warrant under section 573.012(d) of the Health and Safety Code.