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.
The Texas AG sits as an ex-officio member of state committees and commissions and defends challenges to state laws and suits against both state agencies and individual employees of the State.
Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls, and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud, and other topics.
To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.
Request for Opinion
Official Request Summary RQ-0390-KP
Sufficiency of an Open Meetings Act notice for a meeting of the Texas Windstorm Insurance Association.
Date Received
Monday, December 14, 2020
Official Requestor
The Honorable Terry Canales Chair, House Committee on Transportation Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910.
Request for Opinion
Official Request Summary RQ-0391-KP
Authority of the Behavioral Health Executive Council to adopt a rule prohibiting certain discriminatory conduct by licensed social workers.
Date Received
Monday, December 14, 2020
Official Requestor
Mr. Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
333 Guadalupe, Suite 3-900
Austin, Texas 78701
Request for Opinion
Official Request Summary RQ-0391-KP
Authority of a municipality to establish development regulations for open-enrollment charter schools that are different than regulations for other public schools.
Date Received
Friday, December 18, 2020
Official Requestor
The Honorable Larry Taylor
Chair, Senate Committee on Education
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Request for Opinion
Official Request Summary RQ-0393-KP
Whether a constable working as a deputy sheriff may be paid for work under the Justice Assistance Grant.
Date Received
Tuesday, December 22, 2020
Official Requestor
Mr. Carlos A. Pereda
Dimmit County Auditor
301 North 5th Street
Carrizo Springs, Texas 78834
Request for Opinion
Official Request Summary RQ-0389-KP
Public access to the Texas Capitol and whether members of the Legislature may vote on legislation from a location other than their respective chambers.
Date Received
Monday, December 14, 2020
Official Requestor
The Honorable Briscoe Cain
Chair, House Select Committee on Driver’s License Issuance & Renewal
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Notification of Opinion
Original Official Request Summary RQ-0357-KP
Whether a peace officer has a duty to intervene to prevent another peace officer from violating the rights of a citizen.
Official Opinion Summary KP-0343
Potential civil and criminal consequences exist for a Texas peace officer who fails to intervene when observing another officer using force in a way that may violate a person’s constitutional rights.
Notification of Opinion
Original Official Request Summary RQ-0363-KP
Extension of filing deadlines for elections postponed pursuant to the Governor’s proclamation allowing for the postponement of the May 2020 local elections.
Official Opinion Summary KP-0346
Discussing Governor Abbott’s suspending provisions of the Election Code to allow political subdivisions to postpone their May 2, 2020 elections to November 3, 2020.
Notification of Opinion
Original Official Request Summary RQ-0359-KP
Authority to remove a county auditor and procedure to do so.
Official Opinion Summary KP-0345
A court would likely conclude that the removal of a county auditor rests within the sole discretion of the district judges, subject to judicial review.
Notification of Opinion
Original Official Request Summary RQ-0358-KP
Whether Blinn College District may donate, convey, and transfer the Star of the Republic Museum to the Texas Historical Commission in light of section 442.062(b) of the Government Code.
Official Opinion Summary KP-0344
Education Code subsections 11.151(c) and 11.154(a) authorize the Blinn College District to convey the Star of the Republic Museum’s real and personal property to the Texas Historical Commission so long as the transfer complies with Texas Constitution article III, subsection 52(a).
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