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    Legislative Services

    County Issues Newsletter | January 2024

    News Article | January 26, 2024

    AG Opinions and Requests

    County News | Legislative News
    Legislative Services
    Attorney General Opinions

    KP-0453: Considers authority under Government Code chapter 74 of the Judge of a multi-county district to appoint different court coordinators for each county of the district (RQ-0001-AC) The opinion provides, Government Code chapter 74, subchapter E, governs court coordinators. A court would likely conclude that subsection 74.101(a) authorizes the appointment of a single court coordinator per court, even in a multi-county judicial district such as the 27th Judicial District Court.  A court would likely conclude that, in the context of a multicounty judicial district, only a commissioners court that will fund the court coordinator position must approve the “position and compensation” of a court coordinator as referenced in subsection 74.104(b). Because the question of court coordinator compensation in a multi-county judicial district necessarily involves the issue of apportionment among the counties in the district, a court would likely conclude that in such a district, section 74.104 requires the appointing judge and respective commissioners courts to collaborate in apportioning the cost of a court coordinator’s compensation as part of the overall compensation approval process. A court coordinator’s duties are largely determined by the judge of the appointing court pursuant to section 74.102 and may encompass coordination services to all counties of a multi-county judicial district at the discretion of the judge. A court would likely conclude that a judge making an appointment of court coordinator staff or support personnel under section 74.103 must seek commissioners court approval of the positions pursuant to Local Government Code section 151.001.

    Requests for an Attorney General Opinion

    RQ-0524-KP: Ector County Auditor. Asks a number of questions relating to the legality of certain actions of the Ector County Utility District Board of Directors.
    RQ-0525-KP: Senate Committee on Business & Commerce. Asks whether low-THC cannabis inventory may be transported between department-approved locations by a licensed dispensing organization before a prescription is issued and filled under the Compassionate Use Act.
    RQ-0526-KP: House Committee on Urban Affairs. Asks whether the exemptions in Health & Safety Code section 773.004(a)(4) exclude a person holding certain certifications from being sworn personnel under chapters 142 and 143 of the Local Government Code.
    RQ-0527-KP: Sen. Brandon Creighton. Asks whether a gambling establishment that charges a membership or entrance fee but does not take a percentage of the value gambled violates the gambling provisions of the Penal Code.
    RQ-0528-KP: Wichita County Criminal District Attorney. Asks for consideration of questions relating to the calculation of the limitation of school tax on homesteads of the elderly or disabled under Texas Tax Code section 11.26.
    RQ-0529-KP: Senate Committee on Local Government. Asks for consideration of whether a county has authority to enact a guaranteed income program and whether such a program would violate article III, section 52(a) of the Texas Constitution.