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-0506: Asks whether the Office of Independent Ombudsman may interview a child adjudicated and committed to the Texas Juvenile Justice Department while the child is located at a county pre-adjudication facility and whether the Office may also inspect the county facility (RQ-0583-KP). The opinion finds the Office of Independent Ombudsman is authorized under subsections 261.101(a)(2) and (a)(3) of the Human Resources Code to interview a child adjudicated for delinquent conduct constituting a felony and committed to the Department who is located at a county pre-adjudication facility. The Office is also authorized to inspect a county preadjudication facility under subsection 261.101(a)(4) if a child adjudicated for delinquent conduct constituting a felony and committed to the Department is placed there by the Department or juvenile probation department. Likewise, the Office may inspect the same under subsection 261.101(f)(1)(D) if the child is placed there by court order.

KP-0507: Questions local authority to reduce a Local Option Homestead Exemption (RQ-0594-KP). The opinion holds that Subsection 11.13(n-1) of the Tax Code prohibits a school district, municipality, or county from reducing the local option homestead exemption from the amount that was adopted for the 2022 tax year through the 2027 tax year.

KP-0508: Asks whether “advanced recycling facilities” engage in “recycling” under Texas law (RQ-0602-KP). The opinion provides advanced recycling facilities that use pyrolysis on post-use polymers are engaged in recycling under the Solid Waste Disposal Act.

Requests for an Attorney General Opinion

RQ-0626-KP: Texas Secretary of State. Questions the applicability of the Registration and disclosure requirements for telephone solicitation under Chapters 302 and 304 of the Texas Business and Commerce Code after the passage of SB 140 89R.

RQ-0627-KP: Senate Committee on Nominations. Asks questions relating to the eligibility for service as a commissioner on a governing board of an emergency services district under Health & Safety Code § 775.034.