Recent Opinions, Requests From Texas Attorney General

Staff Report

The responsibilities, of the Office of the Attorney General, are to serve as legal counsel to all boards and agencies of state government, issue legal opinions when requested by the Governor, heads of state agencies, and other officials and agencies as provided by Texas statutes.

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REQUEST FOR OPINION

Official Request Summary RQ-0386-KP
Whether simultaneous service as county sheriff and municipal fire marshal violates article XVI, section 40 of the Texas Constitution or the common-law doctrine of incompatibility

Date Received
Friday, November 13, 2020

Official Requestor
The Honorable Susan Deski
Burleson County Attorney
100 West Buck Street, Suite 402
Caldwell, Texas 77836

REQUEST FOR OPINION

Official Request Summary RQ-0386-KP
Whether simultaneous service as county sheriff and municipal fire marshal violates article XVI, section 40 of the Texas Constitution or the common-law doctrine of incompatibility

Date Received
Friday, November 13, 2020

Official Requestor
The Honorable Susan Deski
Burleson County Attorney
100 West Buck Street, Suite 402
Caldwell, Texas 77836

NOTIFICATION OF OPINION

Original Request Summary RQ-0379-KP
Whether a political subdivision may require the Department of Public Safety to lift driver license renewal holds requested under Transportation Code chapter 706 if the political subdivision has not met the requirements for sending a clearance notice under section 706.005 or has not collected the reimbursement fee under section 706.006.

Official Opinion Summary KP-0341
Nothing in the language of Transportation Code chapter 706 authorizes a political subdivision to require the Department of Public Safety to lift previously-requested drivers’ license renewal holds for reasons other than those articulated in subsection 706.005(b).

NOTIFICATION OF OPINION

Original Request Summary RQ-0354-KP
Whether a home-rule municipality may enter into a contract with a special utility district that prohibits the city from petitioning for decertification of all or part of the special utility district’s certificate of convenience and necessity in the future.

Official Opinion Summary KP-0340
The common-law reserved powers doctrine could limit whether a home-rule municipality may enter a contract that would prohibit decertification of a special utility district’s certificate of convenience and necessity in the future.

NOTIFICATION OF OPINION

Original Request Summary RQ-0336-KP
Method for calculating the percentage of judicial functions a county judge performs for purposes of determining entitlement to a salary supplement under section 26.006 of the Government Code.

Official Opinion Summary KP-0330
The Legislature has not specified a method for calculating the percentage of judicial functions performed by a county judge. Allegations of false reporting by a county judge receiving the salary supplement under Government Code section 26.006 should be given to the State Auditor who has statutory authority to audit or investigate any entity receiving state funds.