AG Opinions and Requests

November 17, 2020

Legislative News

  • Share this:

TAC has highlighted recent attorney general opinions and requests for opinions of interest to counties.

Attorney General Opinions

KP-0335: Whether a search warrant and “warrant return” are subject to disclosure under the Public Information Act, or any other law or regulation of the State of Texas, when there is an ongoing criminal investigation (RQ-0344-KP).The Texas Code of Criminal Procedure governs access to a search warrant, warrant return, and property inventory, and a court would likely conclude that these documents are subject to public disclosure by a district clerk.

KP-0337: Whether Paycheck Protection Program loans are authorized investments under subsection 2256.009(a)(4) of the Public Funds Investment Act (RQ-0349-KP). Paycheck Protection Program loans fully guaranteed by the Small Business Administration generally satisfy the statutory requirements of an authorized investment under section 2256.009(a)(4).

KP-0339: Regarding calculation of the minimum salary of a county court at law judge with twelve or more years of accrued service under subsection 25.0005(a) of the Government Code. Request for Opinion: (RQ-0353-KP). The minimum salary of a county court at law judge with twelve or more years of accrued service under subsection 25.0005(a) of the Government Code is calculated in conjunction with Government Code sections 659.012 and 659.0445.

Requests for Attorney General Opinion 

RQ-0381-KP: The Honorable Brett W. Ligon, Montgomery County District Attorney, and The Honorable B.D. Griffin, Montgomery County Attorney. Whether a driver's license is required to operate a golf cart on a publicly maintained road, as authorized by sections 551.403 and 551.404 of the Transportation Code.

RQ-0382-KP: The Honorable Charles Perry, Chair, Senate Committee on Water & Rural Affairs. Ector County's compliance with Chapter 387 of the Local Government Code, regarding creation of a county assistance district.

RQ-0383-KP: The Honorable James White, Chair, House Committee on Corrections, Texas House of Representatives. Government limitations on an individual's right of access to clergy for health reasons.

RQ-0384-KP: The Honorable Dee Hobbs, Williamson County Attorney. Whether public improvement district assessments may be used in specific circumstances.

RQ-0385-KP: The Honorable Tamara L. Cochran-May, San Patricio County Attorney. Whether subsection 20.05(a)(5) of the Business and Commerce Code prohibits a consumer reporting agency from reporting certain information if the consumer is covered by a self-funded plan with a reference base pricing program.