AG Opinions and Requests

July 29, 2021

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-0375: Eligibility of a newly elected constable under Chapter 86 of the Local Government Code (RQ-0394-KP). Section 86.0021 of the Local Government Code provides the requirements for a constable for eligibility to serve and produce evidence of licensure as a peace officer. Section 86.0021 does not address the exact date by which a constable must assume office, but under section 601.003 of the Government Code, a person elected to the office of constable in the November general election must qualify and assume the duties of that office on Jan. 1, or as soon as possible thereafter.

KP-0376: Applicability of Local Government Code Chapter 171 regarding conflicts of interest and Government Code Chapter 573 regarding nepotism to a county attorney whose father-in-law is a partner at a law firm that contracts with the county (RQ-0395-KP). The nepotism statute, subsection 573.041(1) of the Government Code, prohibits a public official from appointing specified relatives to a position but does not apply to a county’s award of a collections services contract to a business entity, namely a law firm.

The duty of county attorneys in counties with a population of more than 1.25 million under section 89.001 of the Local Government Code to select special counsel to collect the county's delinquent receivables is subject to the approval of the commissioners court. Accordingly, this does not constitute a "vote or decision" requiring the county attorney to comply with the conflict-of-interest procedures under subsection 171.004(a) of the Local Government Code.

KP-0377: Residency requirement to become a candidate for county attorney (RQ-0396-KP). Determining residency for purposes of the Election Code involves consideration of both a person’s physical presence and current intention to reside in a particular location.

Request for Attorney General Opinion

RQ-0415-KP: The Honorable Yvonne Rosales, 34th Judicial District Attorney. Authority of a district attorney to hire graduate law students with supervised practice cards as assistant district attorneys.

RQ-0416-KP: The Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence, Texas State Senate. Whether a peace officer is prohibited from forcing entry into a residence or dwelling to enforce a parole-revocation warrant (commonly called a "blue warrant") for the arrest of a releasee.