AG Opinions and Requests

October 13, 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-0331: Authority of the Texas Department of Motor Vehicles to title and register three-wheeled, electric, low-speed vehicles (RQ-0337-KP). Whether a particular vehicle qualifies as a vehicle regulated by the Transportation Code would depend on particular facts, which cannot be resolved in the opinion process.

KP-0332: Authority of a county investigator to carry a firearm in a courtroom (RQ-0338-KP). A court would likely conclude that a prosecuting attorney’s investigator is not prohibited by Penal Code Section 46.03 from carrying a firearm into a government court.

KP-0333: Whether a city ordinance requiring compliance with certain restrictive covenants before granting a building permit violates Chapter 3000 of the Government Code (RQ-0340-KP). An ordinance that conditions receipt of a building permit on architectural control committee approval could conflict with Government Code subsection 3000.002(a)(1) to the extent that the architectural control committee prohibits or limits the use of certain building products or materials approved for use by a national model code.

KP-0334: Whether Article II, Section 1 of the Texas Constitution, relating to the separation of
powers, applies to municipal government and the management of personnel (RQ-0343-KP). The separation of powers provisions of Article II, Section 1 of the Texas Constitution do not apply to municipal government.

Requests for Attorney General Opinion 

RQ-0378-KP: The Honorable Gary D. Trammel, Stephens County Attorney. Application of Texas Government Code Chapter 573, regarding nepotism, to the candidacy for sheriff of a person who is a brother of the current county judge, and associated questions regarding the county judge's role as a member of the county commissioners court with respect to budget and election matters involving the sheriff.

RQ-0379-KP: Steven C. McCraw, Director, Texas Department of Public Safety. Whether a political subdivision may require the Department of Public Safety to lift driver license renewal holds requested under Transportation Code Chapter 706 if the political subdivision has not met the requirements for sending a clearance notice under Section 706.005 or has not collected the reimbursement fee under Section 706.006.

RQ-0380-KP: Jennifer D. Robison, Brown County Auditor. Whether Texas Constitution Article III, Section 53 prohibits salary supplements for the administrative staff of the county's justices of the peace paid out of the justice court's technology fund.