AG Opinions and Requests

May 03, 2019

Legislative News

  • Share this:

TAC has highlighted recent Attorney General Opinions and Requests for Opinions of interest to counties.

Attorney General Opinions

KP-0246 Competitive bidding requirements applied to municipal airport operation (RQ-0253-KP) Summary: Depending on the facts, a court could conclude that an airport operations contract meets the requirements of Transportation Code section 22.020 and is therefore not subject to the competitive bidding requirement of Local Government Code section 262.023(a). Even if an airport operations contract does not fall within Transportation Code section 22.020, it could be eligible for exemption by the commissioners court from competitive bidding pursuant to section 262.024(a)(4) as a purchase for a personal service if the contract requires a particular, named individual to perform the services.

KP-0248 Whether the repeal of 40 U.S.C. § 318 affects the authority the Legislature granted to Federal Protective Service officers under article 2.122(b) of the Texas Code of Criminal Procedure (RQ-0254-KP) Summary: A court would likely conclude that the law enforcement authority granted by article 2.122(b) of the Texas Code of Criminal Procedure applies to officers and agents of the Federal Protective Service appointed under 40 U.S.C. § 1315.

Requests for Attorney General Opinions

RQ-0280-KP The Honorable Terry Canales, Chair, Committee on Transportation, Texas House of Representatives, Whether state law permits the sale, distribution, or possession of cannabidiol products, including cannabidiol oil, in Texas.

RQ-0281-KP The Honorable Bob Hall, Chair, Committee on Agriculture, Texas State Senate, Whether the Texas Transportation Commission is authorized to enter into a facility agreement under the North Tarrant Express Comprehensive Development Agreement.

RQ-0282-KP The Honorable Chris Taylor, Tom Green County Attorney, Whether a county treasurer is authorized to use an online auction site to sell unclaimed property pursuant to chapter 76 of the Property Code.

RQ-0283-KP The Honorable Mark A. Gonzalez, 105th Judicial District Attorney, Authority of the State to obtain an arrest warrant for a defendant previously released on pre-trial bond conditions if credible evidence exists he violated those conditions.

RQ-0284-KP The Honorable Noble D. Walker, Jr., Hunt County District Attorney, Whether a sheriff may expend commissary funds for a salary stipend for a deputy sheriff with duties related to operation of the commissary.

RQ-0285-KP Mr. Mike Morath, Commissioner of Education, Texas Education Agency, Availability of civil remedies for violations of the Open Meetings Act.

RQ-0286-KP The Honorable Ryan Guillen, Chair, Committee on Resolutions Calendars, Texas House of Representatives, Whether chapter 1704 of the Occupations Code prohibits a jail or detention facility from using a third party contractor to provide persons in the custody of law enforcement with information on available bail bond services.