Attorney General Opinions
KP-0407: Whether the doctrine of incompatibility or conflict-of-interest laws prevent simultaneous service as a county commissioner and general manager of a water authority (RQ-0433-KP). A court would likely conclude that the common-law incompatibility doctrine does not bar a Nueces County commissioner from simultaneously serving as the general manager of the South Texas Water Authority. A court would likely conclude that the management service agreement between the South Texas Water Authority and a corporation for which a Nueces County commissioner serves as president does not constitute a conflict of interest under section 81.002 or chapter 171 of the Local Government Code.
KP-0408: Whether county community supervision and corrections departments must remit locally generated funds to the state as unexpended balances at the end of the biennium (RQ-0437-KP). Chapter 509 of the Government Code governing community supervision and corrections departments defines “state aid” as funds appropriated by the Legislature to the Community Justice Assistance Division of the Texas Department of Criminal Justice to provide assistance to the departments. The term does not include funds locally collected and maintained by a department. A rider in the General Appropriations Act for the 2021-22 biennium directs the Texas Department of Criminal Justice to require the refund of unexpended and unencumbered state funds from community supervision and corrections departments. Nothing in the rider’s language authorizes the Texas Department of Criminal Justice to require the remittance of locally generated funds. Accordingly, a court would likely conclude the Texas Department of Criminal Justice’s Community Justice Assistance Division may not require a department to remit locally generated funds to the state’s general revenue.
KP-0409: Whether a licensed professional engineer is authorized to certify a subdivision plat in specific circumstances (RQ‑0440‑KP): Subsection 232.023(b) of the Local Government Code establishes county subdivision platting requirements under certain circumstances and provides in subsection 232.023(b)(1) that the plat must be certified by a land surveyor or an engineer. Given the context of subsection 232.023(b) as a whole, a court would likely construe subsection 232.023(b)(1) to require both a land surveyor and an engineer to formally attest to the portions of the subdivision platting requirements corresponding to their respective areas of professional expertise or as otherwise provided in other subparts of subsection 232.023(b). Accordingly, no conflict exists between subsection 232.023(b)(1) and the Professional Land Surveying Practices Act.
Request for Attorney General Opinion
RQ-0462-KP: Galveston County Auditor. Application of section 152.052 of the Local Government Code to an elected official who ran on the platform of eliminating the office if elected.
RQ-0464-KP: Fort Bend County District Attorney, Richmond. Status of the Texas Commission on Law Enforcement Separation of Licensee Form as an official government record subject to criminal prosecution for false entry under Penal Code section 37.10.