AG Opinions and Requests

This week, the activities of the 87th Texas Legislature continued with committee hearings and both chambers convening. Here are a few news articles on the week’s happenings.

May 07, 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-0366: Whether public improvement district assessments may be used in specific circumstances (RQ-0384-KP). The question regarding the use of public improvement district assessments in particular circumstances requires a construction of numerous contracts and the application of facts to those contracts, which tasks are outside the purview of an Attorney General opinion. Subsection 372.026(f)’s phrase “indebtedness issued to pay a corporation’s costs of issuance” generally could be construed to include a promissory note that is issued.
KP-0367: 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-based-pricing program (RQ-0385-KP). A court would likely conclude that subsection 20.05(a)(5) does not apply to a self-funded plan that does not utilize a network of providers.
KP-0368: Authority of a county attorney to file suit to enjoin a violation of a restriction contained in a properly recorded plat of property within the county (RQ-0403-KP). Property Code chapter 203 authorizes the county attorney to independently enforce land use restrictions in counties with populations over 200,000.
KP-0369: 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-0386-KP). A court would likely conclude that neither the dual-officeholding prohibition of article XVI, section 40 of the Texas Constitution nor the common-law doctrine of incompatibility would prohibit the Burleson County Sheriff from simultaneously serving as the fire marshal for the City of Caldwell.
Request for Attorney General Opinion
RQ-0404-KP: The Honorable Michele Dodd, Reagan County Attorney. Transfer of county school land to an independent school district.
RQ-0405-KP: The Honorable Matthew A. Mills, Hood County Attorney. Procedure for numbering election ballots and which officials are authorized to select the method for numbering ballots.