AG Opinions and Requests

July 27, 2020

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-0318: Opinion relating to court. Authority of a judge of a court of record to appoint an official court recorder in lieu of an official court reporter (RQ-0327-KP). A court is unlikely to conclude that a judge of a court of record may appoint an official court recorder in lieu of an official court reporter.

KP-0319: Opinion relating to water regulation. Authority of the Jackson County County-Wide Drainage District to set a tax rate and to levy and collect taxes without commissioners court approval (RQ-0328-KP). Absent an election granting it authority, the Jackson County County-Wide Drainage District does not possess authority to levy, set the rate and collect a flood control tax.

Requests for Attorney General Opinion 

RQ-0360-KP: Request relating to the authority of counties during a crisis. Hon. Jim Murphy, Chair, House Committee on Pensions, Investments & Financial Services, Texas House of Representatives. Authority of the Metropolitan Transit Authority of Harris County to prohibit service and access to its transit authority system to a person who refuses to comply with a rule requiring facial coverings.

RQ-0361-KP: Request relating to historical preservation. Hon. John P. Cyrier, Chair, House Committee on Culture, Recreation & Tourism, Texas House of Representatives. Whether Section 2166.003 of the Government Code applies to the possible removal of the Lawrence Sullivan Ross statue at Texas A&M University, and if so, who may provide approval for removal.

RQ-0362-KP: Request relating to the authority of counties during a crisis. Hon. Brandon Creighton, Chair, Senate Committee on Higher Education, Texas Senate. Authority of local governmental entities, operating under local emergency declarations, to delay, prohibit or restrict eviction procedures established by the Legislature in Chapter 24 of the Property Code.

RQ-0363-KP: Request relating to elections. Hon. Mayes Middleton, Co-Chair, Joint Interim Committee to Study a Coastal Barrier System, Texas House of Representatives. Extension of filing deadlines for elections postponed pursuant to the governor's proclamation allowing for the postponement of the May 2020 local elections.

RQ-0364-KP: Request relating to the authority of counties during a crisis. Hon. James White, Chair, House Committee on Corrections, Texas House of Representatives. Whether subsection 38.001(f) of the Education Code and Title 25, Section 97.62 of the Administrative Code allow school districts, during an epidemic, to exclude students who decline vaccinations for reasons of conscience even when such vaccinations are unrelated to the epidemic.