TAC has highlighted recent attorney general opinions and requests for opinions of interest to counties.
Attorney General Opinions
KP-0342: Authority of the Texas Appraiser Licensing and Certification Board to exempt licensed or certified appraisers from the statutory requirement to comply with the Uniform Standards of Professional Appraisal Practice when performing a property evaluation allowed under the federal Interagency Appraisal and Evaluation Guidelines (RQ-0355-KP). A rule exempting an appraiser licensed under Occupations Code from complying with the Uniform Standards of Professional Appraisal Practice when performing an evaluation as allowed under the federal Interagency Appraisal and Evaluation Guidelines would conflict with section 1103.405.
KP-0343: Whether a peace officer has a duty to intervene to prevent another peace officer from violating the rights of a citizen (RQ-0357-KP). Potential civil and criminal consequences exist for a Texas peace officer who fails to intervene when observing another officer using force in a way that may violate a person’s constitutional rights.
KP-0345: Authority of the Judicial Board to remove a county auditor and procedure to do so (RQ-0359-KP). A court would likely conclude that the removal of a county auditory rests within the sole discretion of the district judges, subject to judicial review under sections 87.019 and 84.009 of the Local Government Code.
KP-0346: Extension of filing deadlines for elections postponed pursuant to the Governor’s proclamation allowing for the postponement of the May 2020 local elections (RQ-0363-KP). Governor Abbot suspended provisions of the Election Code to allow political subdivisions to postpone their May 2020 elections to November 3, 2020, simultaneously the Secretary of State’s office issued an Election Advisory Opinion explaining that the order to allow for postponing the May election did not reopen the candidate filing deadlines. A court addressing this question would need to reconcile the language of the statutes.
KP-0347: Public access to the Texas Capitol and whether members of the Legislature may vote on legislation from a location other than their respective chambers (RQ-0389-KP). The Texas Constitution requires that, when the Legislature meets for session in the Capitol, it must be open and accessible to the public. The Texas Constitution also establishes a quorum of two-thirds of each House to do business and ties quorum to attendance, a court could construe this term to require physical presence in the chamber in order to attend and be counted for purposes of a quorum.
KP-0348: Application of section 552.143 of the Government Code to investment information published in a media source of general circulation (RQ-0365-KP). Under subsection 552.143(b) of the Government Code, certain information prepared or maintained by a governmental body is confidential and excepted from the general disclosure requirement under the Public Information Act, unless the information has been publicly released.
Requests for Attorney General Opinion
RQ-0386-KP: The Honorable Susan Deski, Burleson County Attorney. Whether simultaneous service as county sheriff and municipal fire marshal violates article XVI, section 40 of the Texas Constitution or the common-law doctrine of incompatibility.
RQ-0387-KP: The Honorable Luiz V. Saenz, Cameron County District Attorney. Whether section 3000.02 of the Government Code prohibits political subdivisions from adopting paint color and pattern requirements.
RQ-0389-KP: The Honorable Briscoe Cain, Chair, House Selection Committee on Driver’s License Issuance & Renewal. Public access to the Texas Capitol and whether members of the Legislature may vote on legislation from a location other than their respective chambers.
RQ-0391-KP: Mr. Darrel D. Spinks, Executive Director, Texas Behavioral Health Executive Council. The authority of the Texas Behavioral Health Executive Council to adopt 22 Tex. Admin. Code Sec. 781.301(1) and any other similar rules prohibiting discriminatory misconduct by other licensees regulated by the Council.
RQ-0393-KP: Mr. Carlos A. Pereda, Dimmit County Auditor. Whether a constable, working as a deputy sheriff, may be paid for work under the Justice Assistance Grant.
RQ-0394-KP: The Honorable Will Thompson, Navarro County District Attorney. Whether a duly elected Constable may assume the office of Constable, Precinct Two for Navarro County when he is not eligible under Texas Local Government Code §86.0021 (a)(1)(A), (B), (C), or §86.0021(a)(2).
RQ-0395-KP: The Honorable Christian D. Menefee, Harris County Attorney. The extent to which Local Government Code Chapter 171 and/or Government Code Chapter 573 applies where the Harris County Attorney’s father-in-law is a partner at a law firm that contracts with the county.