AG Opinions and Requests

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

February 24, 2022

Legislative News

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The Texas Association of Counties has highlighted recent Attorney General Opinions and Requests for Opinions of interest to counties.

Attorney General Opinions

KP-0398: Application of chapter 556 of the Government Code to the Texas Windstorm Insurance Association (RQ-0419-KP). Texas Windstorm Insurance Association is not a state agency for purposes of Government Code chapter 556 prohibition on using appropriated funds for lobbying activities.

KP-0399: Authority of Goliad County to erect signage in a state highway right-of-way under Transportation Code chapter 394 in particular circumstances (RQ-0422-KP). A county does not have the authority to place a sign in a state highway right-of-way without approval of the Texas Department of Transportation or an agreement with the Texas Transportation Commission.

KP-0400: Whether a part-time assistant county attorney representing the Department of Family and Protective Services may maintain a private practice representing parents or children in child protection cases in other counties (RQ-0423-KP). A court would likely find that an assistant county attorney with the salary as described may maintain a private practice. Attorney conflicts of interest are governed by the Texas Disciplinary Rules of Professional Conduct. The representation as described may implicate Rules 1.06 and 1.10, but violations thereof are to be determined, in the first instance, by the attorney and the Committee on Professional Ethics. Questions about potential violation of these rules involve questions of fact and cannot be answered in an Attorney General opinion.

Request for Attorney General Opinion

RQ-0445-KP: Mr. Darrel D. Spinks, Executive Director, Texas Behavioral Health Executive Council. Authority of the Behavioral Health Executive Council to repeal rules under Government Code section 507.153(a).

RQ-0446-KP: Ms. Jackie Skinner, County Auditor, Tyler County. Whether a payment to county officials from funds received under the American Rescue Plan Act requires notice as set forth in the Local Government Code.