Legislative Services

The Texas Association of Counties has highlighted recent Attorney General opinions and requests for opinions of interest to counties. Summaries below are republished directly from opinion letters issued by the Office of the Attorney General without substantive editing.

Attorney General Opinions

KP-0502: Asks whether juvenile criminal case records constitute permanent records under Chapter 58 of the Family Code (RQ-0576-KP). The opinion finds Government Code and the Local Government Records Act assign complimentary roles for local governments and the Texas State Library and Archives Commission (TSLAC) regarding local government records. The Juvenile Justice Code authorizes specific individuals and entities to destroy certain categories of juvenile records, and a county clerk or district clerk may destroy juvenile case papers pursuant to a local government’s records control schedule that complies with TSLAC’s records retention schedule.

KP-0503: Questions the extent of the requirements under Section 28.002(a)(2)(G) to adopt and implement essential knowledge and skills regarding religious literature for and in Texas public schools (RQ-0621-KP). The opinion holds Subsection 28.002(c) of the Education Code requires the State Board of Education to identify by rule the essential knowledge and skills for religious literature. The Board may require instructional integration of religious literature with other courses or, where appropriate, in a standalone course.

KP-0504: Questions the authority of the Commissioners Court to select a firm to assist with redrawing precinct lines pursuant to Chapter 42, Texas Elections Code (RQ-0597-KP). The opinion finds that the Fort Bend Commissioners Court may hire an outside law firm of its own choice to assist it in fulfilling its redistricting duties under Chapter 42 of the Election Code without interfering with or usurping the Fort Bend County Attorney’s statutory duties. The County Attorney may not unilaterally contract with an outside law firm of her choice to assist the Commissioners Court in carrying out its redistricting duties under Chapter 42 of the Election Code.

Requests for an Attorney General Opinion

RQ-0624-KP: El Paso County Attorney. Questions the authority of the independent school district to lease certain facilities and allow alcohol service by lessees.