Legislative Services

Attorney General Opinions

KP-0458: Questions the authority of a deputy sheriff under Transportation Code section 621.402 to operate a fixed motor vehicle weigh station for all commercial vehicles (RQ-0005-AC). The opinion provides that the Transportation Code grants the state broad powers regarding the inspection of commercial trucks on Texas highways: Chapter 621 regulates the weight and size of all vehicles, while chapter 644 sets forth safety standards for commercial vehicles. A court would likely conclude that neither subsections 621.402(a) nor 644.103(a) authorize a deputy sheriff from Aransas County to operate a fixed commercial vehicle weigh station directing all commercial vehicles to exit a highway to be weighed. Accordingly, we do not determine whether the Fourth Amendment to the U.S. Constitution would permit the scenario as proposed.

KP-0459: Questions the authority of a water control and improvement district to use surplus funds from its interest and sinking fund (RQ-0467-KP). A court would likely conclude that a water control and improvement district may not use surplus moneys in its interest and sinking fund to reduce indebtedness related to a future potential bond issuance. Moreover, while we generally do not determine facts in attorney general opinions, we encourage the district to reassess the feasibility of providing a refund of the surplus moneys to taxpayers.

KP-0460: Asks whether the refund of court costs required by Health and Safety Code subsection 571.018(j) is limited to patients who are committed to a mental health facility (RQ-0515-KP). The opinion provides that the Health and Safety Code subsection 571.018(j) requires court costs paid or advanced by certain inpatient mental health facilities to be refunded where its statutory requirements are met. Health and Safety Code subsection 571.018(h) generally prohibits the state and counties from paying costs for a patient committed to a private mental hospital unless its statutory requirements are met. Subsection 571.018(h) excepts some costs associated with certain hearings and proceedings from its general prohibition against payment. Nothing in either subsection limits the scope of subsection 571.018(j) to only court costs concerning individuals who have been committed. Accordingly, refunds under subsection 571.018(j) are not limited to only those hearings or proceedings involving commitment.

KP-0461: Asks for clarification of the calculation of the amount "not to exceed one-fourth of one percent" in Texas Special District Code section 1069.211, governing the Nacogdoches County Hospital District's allocation of its sales and use tax revenue for economic development (RQ-0516-KP). A court would likely conclude that Special District Local Laws Code section 1069.211 authorizes the Nacogdoches County Hospital District to allocate for economic development up to one-fourth of one percent (0.01 x 0.25) of its annual sales and use tax revenue.

Requests for an Attorney General Opinion

RQ-0532-KP: Tarrant County Criminal District Attorney. Asks for consideration of the applicability of article 39.14 of the Code of Criminal Procedure to third-party records in the possession of the local juvenile justice agency and used in support of its social history report to the juvenile court.

RQ-0533-KP: Texas Comptroller of Public Accounts. Questions the applicability of conflict-of-interest rules to grants awarded by the Texas Opioid Abatement Fund Council.

RQ-0534-KP: Nueces County Attorney. Asks whether a member of the board of managers of the Nueces County Hospital District may simultaneously serve as a member of the board of directors of the Corpus Christi Regional Transit Authority.

RQ-0535-KP: Senate Committee on Natural Resources & Economic Development. Asks for a legal opinion on the implementation of House Bill 1526, 86R, relating to the proper calculation of the "average land value" under Local Government Code section 212.209.