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-0510: Questions the legality of an automated traffic enforcement system for speeding citations (RQ-0584-KP). The opinion holds a constable lacks authority to employ an automated traffic enforcement system to issue speeding citations by mail.

KP-0512: Asks whether a commissioners court can rescind and readopt a different county budget after the annual budget was approved (RQ-0586-KP). Chapter 111, subchapter A, of the Local Government Code does not authorize a county commissioners court to wholly rescind and adopt a different budget after approval of the annual budget. Whether a county commissioner refuses to comply with subchapter A and thereby commits an offense under Local Government Code section 111.012 involves questions of fact that we do not resolve in an Attorney General opinion. Pursuant to Local Government Code subsection 152.013(a), the commissioners court may not reduce the salary of an elected county officer once the budget hearing and adoption proceedings are complete and a budget is approved. Local Government Code subsection 111.009(a) provides that the commissioners court — not the county auditor — shall file the approved budget with the county clerk. As such, it is unclear how a county auditor would run afoul of subchapter A by refusing or failing to file the approved budget with the county clerk.

KP-0513: Questions the enforceability of bond conditions (RQ-0571-KP). The opinion states based on a plain reading of the relevant provisions of Chapter 17 of the Texas Code of Criminal Procedure, bond conditions are effective when a defendant gives the bond ordered by the magistrate and may not be enforced prior to that time. Bond conditions are not enforceable after revocation of the bond and rearrest of the defendant.

KP-0514: Questions the performance and payment bond requirements under Government Code § 2253.021 (RQ-0588-KP). The opinion finds Subsection 2253.021(a) of the Government Code obligates a county to require a prime contractor to execute a performance and payment bond.

KP-0515: Questions the interpretation and application of certain provisions in Tax Code chapter 26 and Special District Local Laws Code chapter 1042 to a hospital district (RQ-0593-KP). The opinion holds Hood County Hospital District’s authority to impose a property tax under Special District Local Laws Code Chapter 1042 does not conflict with the voters’ ability to limit a tax-rate increase under Tax Code section 26.07. A county’s obligation to provide health care services and assistance pursuant to Health and Safety Code section 61.022 does not apply to a person who resides in the service area of a hospital district.

KP-0517: Questions the investigatory obligation following “the death of a prisoner in county jail” under Government Code § 511.021(a) (RQ-0590-KP). The opinion finds that the phrase “death of a prisoner in a county jail” in Government Code subsection 511.021(a) requires appointment of an independent law enforcement agency to investigate a prisoner death that occurred in the county jail itself. However, this does not mean the Commission lacks statutory authority to promulgate a rule requiring independent investigation of prisoner deaths while in custody.

Requests for an Attorney General Opinion

RQ-0628-KP: The Texas State Soil and Water Conservation Board. Questions the qualifications to serve on board of directors for a soil and water conservation district under Texas Agriculture Code § 201.072.

RQ-0629-KP: Lampasas County Attorney. Asks whether an appraisal district’s use of voter registration records to conduct residence homestead exemption audits, as required by Texas Tax Code § 11.43(h-l), constitutes a permissible governmental use under Texas Election Code §§ 18.008 and 18.009.

RQ-0631-KP: Scurry County Attorney. Questions the tax exempt status of General Land Office, University Lands, county, and local government corporation owned mineral interests.

RQ-0632-KP: Senate Committee on Administration. Questions relating to the legality of activities of election inspectors and poll watchers.

RQ-0633-KP: Hood County Attorney. Asks whether Hood County may declare a moratorium on industrial development.