Category: Texas Attorney General Opinions

KEN PAXTON ATTORNEY GENERAL OF TEXAS May 31, 2017 Opinion No. KP-0150 Re: Whether municipal courts are authorized?to report juvenile convictions for drug?paraphernalia offenses to the Texas Department?of Public safety? ?and Family Issues Dear Representative Dutton: You ask whether any statutory authority requires municipal courts to report juvenile convictions for drug paraphernalia offenses to the […]

ATTORNEY GENERAL OF TEXAS May 18, 2017 Opinion No. KP-0149 Re: Whether individuals civilly committed?pursuant to chapter 841 of the Health and Safety Code are eligible to vote by mail under section?82.002 of the Election Code (RQ-0142-KP) Dear Mr. Say: You request an opinion concerning the application of subsection 82.002(a) of the Election Code. [1] […]

ATTORNEY GENERAL OF TEXAS May 11, 2017 Opinion No. KP-0148 Re: Applicability of the International Energy?Conservation Code to new school district building construction after November 1, 2016 (RQ-0141-KP)   Dear Mr. Montemayor: Your question concerns the applicability of the International Energy Conservation Code. Specifically, you ask [w]hether all new school district building construction begun after […]

ATTORNEY GENERAL OF TEXAS May 11, 2017 Opinion No. KP-0147 Re: Scope of residence homestead tax?exemption in Tax Code subsection 11.13(O(2)(B) Dear Mr. Anderson: You ask for guidance on the proper construction of Tax Code subsection ?[1]Section 11.13 generally implements the Texas constitutional provision that grants taxpayers residence homestead exemptions from ad valorem property taxes. […]

ATTORNEY GENERAL OF TEXAS May 8, 2017 Opinion No. KP-0146 Re: Authority of a county commissioners court?that establishes a veterans treatment court?program under Governrnent Code chapter 124 to direct and control administrative details including the hiring and supervision of grantfunded personnel (RQ-0139-KP) Dear Mr. LaHood: You ask about the authority of a county commissioners court […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS April 24, 2017 Opinion No. 10-0145 Re: When a search warrant affidavit becomes?executed and thus publicly available under?Code of Criminal Procedure article 18.01 (b) (RQ-0138-KP) Dear Mr. Hicks: You ask when Texas law requires that a search warrant affidavit become public information under Code of Criminal Procedure article 18.01 […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS April 24, 2017 Opinion No. KP-0144 Re: Whether the computation of state?funding for school districts receiving?additional state aid for tax reduction must?include local option homestead exemptions that were determined to be authorized in Attorney General Opinion KP-0072 (2016) (RQ-0137-KP)   Dear Mr. Morath: You ask about your exercise of […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS April 21, 2017 Opinion No. KP*0143 Re: Whether the deposit of net sales tax?revenue into the state highway fund as required?under article VIll, subsection 7-c(a) of the Texas Constitution may be made after the close of the fiscal year when deposit before the close of the fiscal year is […]

??KEN PAXTON ATTORNEY GENERAL OF TEXAS April 17, 2017 Opinion No. 10-0142 Re: Whether certain funds received by?the Texas Health Services Authority are?public funds under the Public Funds Investment Act, chapter 2256 of the Government Code Dear Dr. Fleeger: The Legislature created the Texas Health Insurance Risk Pool (“Pool”) to provide health insurance to Texans […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS April 17, 2017 Opinion No. KP-0141 Re: Authority to appoint associate judges to preside over proceedings for court-ordered mental health services pursuant to section 574.0085 of the Health and Safety Code (RQ-0135-KP) Dear Mr. LaHood: You request an opinion addressing which public official appoints associate judges pursuant to subsection […]

  April 17, 2017 Opinion No. KP-0140 Re: Whether Texas election judges are?required to take the oath of office prescribed by?Texas Constitution article XVI, section I (RQ-0134-KP) Dear Ms. Bernal: The Texas Constitution requires all elected and appointed officers to take the official oath of office “before they enter upon the duties of their offices.” […]

April 17, 2017 Opinion No. KP-0139 Re: The type of bond required for a county?attorney who performs the functions of both a county and district attorney (RQ-0132-KP) Dear Mr. Placke: You tell us that in Lee County, “the prosecution of all criminal offenses is consolidated into the office of county attorney” and that “[a]s a […]

April 17, 2017 Opinion No. KP-0138 Re: The effect of a conviction in another?state, and a subsequent restoration of rights by the other state, on an individual ‘s ability to run for or hold public office in Texas (RQ-0131 -KP) Dear Mr. Rochelle: You seek an opinion on “whether an individual who was sentenced under […]

  March 20, 2017 Opinion No. KP-0137 Re: Procedures for a grand jury to report its?findings and the district clerk’s obligations related to that report (RQ-0129-KP)   Dear Mr. Tyler: You ask several questions related to whether a district clerk must accept for filing a grand jury report, other than an indictment. [1] Specifically, your […]

  March 13, 2017 Opinion No. KP-0136 Re: Whether the State Long-Term Care?Ombudsman may register a position and testify?for or against legislation pending before the Texas Legislature (RQ-0130-KP) Dear Mr. Raymond: The State Ombudsman (the “Ombudsman”) is the chief administrator of the Office of the State Long-Term Care Ombudsman (the “Office”). TEx. HUM. RES. CODE […]

  March 8, 2017 Opinion No. KP-0135 Re: Whether time spent as a county?employee may be considered in determining county longevity pay when the employee becomes an elected officer (RQ-0127-KP)   Dear Ms. Session: You ask whether time spent as a county employee may be considered in determining county longevity pay when the employee becomes […]

  February 27, 2017 Opinion No. KP-0134 Re: Access to court records containing?criminal history record information that is subject to an order of nondisclosure under chapter 411 of the Government Code (RQ-0125-KP) Dear Mr. Hobbs: You ask what persons or agencies may have access to and may view criminal history record information that is subject […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS Opinion No. KP-0133 February 22, 2017 Re: Whether the proposed Upper San Saba?River Management Plan unlawfully delegates?legislative power to a private entity (RQ-0124-KP) February 22, 2017   Dear Representative Sheffield: You ask about the constitutionality of a management plan (the “Plan”) for the upper San Saba River proposed by […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS Opinion No. KP-0132 February 6, 2017 The Honorable Timothy J. Mason Northwest Avenue A Re: Authority of a reserve deputy sheriff to act Andrews, Texas 79714 as a surety on a bail bond (RQ-0123-KP) Dear Mr. Mason: You have requested an opinion from this office regarding whether a reserve […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS January 30, 2017 The Honorable Dennis Bonnen Chair, Committee on Ways & Means Opinion No. KP-0131 Texas House of Representatives Re: Authority of a municipality to use hotel Post Office Box 2910 occupancy tax revenue to fund a feasibility Austin, Texas 78768-2910 study and the construction, operation, and maintenance […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS January 18, 2017 Mr. Rick Dollahan Gaines County Auditor   Opinion No. KP-0130 Post Office Box 847 Re: Whether a county attorney who is Seminole, Texas 79360   appointed to serve as a special prosecutor may be paid additional compensation (RQ-0120-KP) Dear Mr. Dollahan: You ask whether a county […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS January 18, 2017 The Honorable Joseph C. Pickett??????????????????????????? Opinion No. KP-0129 Chair, Committee on Transportation Texas House of Representatives????????????????????????????????? Re: Administration and procedures related to Post Office Box 2910 ?motor vehicle registration (RQ-OI 19-KP) Austin, Texas 78768-2910 Dear Representative Pickett: You ask several questions concerning the relative authority of […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS January 17, 2017 Mr. Lloyd B. Tisdale President Opinion No. KP-0128 San Jacinto River Authority Re: Whether certain financial transactions of Post Office Box 329 the San Jacinto River Authority comply with Conroe, Texas 77305 the Public Funds Investment Act and the Public Funds Collateral Act (RQ-OI 18-KP) Dear […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS January 17, 2017 Dr. Vincent Di Maio Presiding Officer Opinion No. KP-0127 Texas Forensic Science Commission Re: The admissibility of certain forensic 1700 North Congress Avenue, Suite 445 analyses in Texas courts, statutory authority of Austin, Texas 78701 the Texas Forensic Science Commission, and reporting requirements for certain crime […]

?KEN PAXTON ATTORNEY GENERAL OF TEXAS January 3, 2017 Mr. William E. Tye Bowie County Auditor Opinion No. KP-0126 Bowie County Courthouse Re: Authority of a district attorney to use 710 James Bowie Drive forfeiture funds for certain purposes New Boston, Texas 75570 (RQ-OI 16-KP) Dear Mr. Tye: You ask about the authority of a […]

KEN PAXTON ATTORNEY GENERAL OF TEXAS January 3, 2017 The Honorable Sharen Wilson??????????????????????????????????? Opinion No. KP-0125 Tarrant County Criminal District Attorney 401 West Belknap?????????????????????????????????????????????????????????????? Re: Simultaneous service on the board of Fort worth, Texas 76196 trustees of a public library district and on the ?city council (RQ-OI 15-KP) Dear Ms. Wilson: You seek our opinion […]

TEXAS ETHICS COMMISSION P.O. Box 12070, Capitol Station ?Austin, Texas 7871 1-2070 ?? Chase Untermeyer RECEIVEDCommissioners Chair DEC 15 2016 Hugh C. Akin Steven D. WolensJim Clancy Vice ChairChad M. Craycraft OPINION COMMITTEEWilhelmina Delco ??? Natalia Luna Ashley?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Mary K. “Katie” Kennedy Executive DirectorTom Ramsay December 15, 2016 m-0145-KP ?? The Honorable Ken Paxton???????????????????????????????????????????????? By […]