Weekly News Round Up Of The State’s Top Law Enforcement Officer – Texas Attorney General

AG Paxton Asks U.S. District Court for Nationwide Injunction to Phase Out the Unlawful Obama-Era DACA Program…


Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

  • defend the laws and the Constitution of the State of Texas
  • represent the State in litigation
  • approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes, 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.

 

WEEKLY NEWS ROUND-UP OF THE STATE’S

TOP LAW ENFORCEMENT OFFICER…

THE TEXAS ATTORNEY GENERAL



KP-0209

Opinion: (KP-0209) Whether a right of reverter on property owned by Texas State Technical College is enforceable against it as a state agency.

Request for Opinion: ( RQ-0210-KP)

Summary: A state agency’s ownership of a fee simple determinable interest in real property conveyed to it by deed can terminate and title revert to the grantor according to the terms of the deed.



KP-0210

Opinion: (KP-0210) Whether the contractual assessments imposed by local governments under the Property Assessed Clean Energy Act in chapter 399 of the Local Government Code are “special assessments by the local government and treated in a similar manner as the real estate taxes on the property”

Request for Opinion: ( RQ-0211-KP)

Summary: A court would likely find that a contractual assessment imposed under a program authorized by chapter 399 of the Local Government Code is a special assessment by the local government and, with respect to lien priority status, enforcement, and delinquencies including the recovery of costs and expenses, is treated in a manner similar to the real property taxes on the property.



KP-0211

Opinion: (KP-0211) Whether city council members also employed by an independent school district may receive compensation for their service on the city council

Request for Opinion: ( RQ-0213-KP)

Summary: Article XVI, subsection 40(b )(1) of the Texas Constitution prohibits current school district employees, other than schoolteachers, from receiving a salary for service on the city council.

Whether a particular employee qualifies as a schoolteacher is generally a question of fact outside the scope of an attorney general opinion.

Based on the limited facts provided, a court would likely conclude that the assistant principal and special education coordinator are not schoolteachers. A court could conclude that the counselor is a schoolteacher depending on whether the employee directly instructs students in required curriculum.



 

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