Attorney General Opinions

October 18, 2012

Legislative News

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TAC has highlighted recent Attorney General Opinions and Requests for Opinions of interest to counties.

GA-0970: Whether a state agency's demand for restitution based upon an unadjudicated claim for breach of a grant contract constitutes a "debt" to the state for purposes of section 403.055, Government Code (RQ-1054-GASummary: The act of sending a letter requesting restitution damages based upon an unadjudicated claim for breach of a grant contract issued under chapter 386 of the Health and Safety Code will not, by itself, establish a debt to the state for purposes of section 403.055 of the Government Code. The Texas Commission on Environmental Quality could establish the existence of a debt to the state if specific contract terms that create an agreement between the state and grantee establish a debt, if the Commission can allege the existence of a debt by statutory reference, or if the Commission can establish the debt by some other lawfully effective means, including a TCEQ internal administrative process that provides the grantee with the requisite due process.
GA-0971: Authority of a county bail bond board with regard to attorneys who execute bail bonds: Clarification of Attorney General Opinion No. GA-0197 (2004) (RQ-1058-GASummary: A bail bond board may use a felony conviction to suspend or revoke the authorization granted to an attorney under Occupations Code section 1704.163 only if the conviction resulted from conduct involved with the practice of executing a bail bond or acting as a surety.
If a bail bond board determines that an attorney has committed a felony that may be used to suspend or revoke his or her right to act under Occupations Code section 1704.163, the board would be the appropriate body to determine how the attorney may remedy the felony conviction and whether such remedial action has occurred in a given instance.


Requests for Attorney General Opinions

RQ-1083-GA: The Honorable Isidro R. Alaniz, District Attorney, 49th Judicial District, Whether a member of a governmental body may leave an open meeting to confer privately with the employees of that governmental body.
RQ-1084-GA: The Honorable John J. Carona, Chair, Committee on Business and Commerce, Texas State Senate, Whether an economic development corporation may provide benefits to its employees through a risk pool established under chapter 172, Local Government Code
RQ-1085-GA: The Honorable Pete P. Gallego, Chair, Committee on Criminal Jurisprudence, Texas House of Representatives, Whether an arrested person may waive the requirement that he or she be taken before a magistrate and admonished in accordance with article 15.17, Code of Criminal Procedure.
RQ-1087-GA: The Honorable Seth C. Slagle, Clay County Attorney, Whether a sheriff must produce and submit a policy manual to the commissioners court for approval.
RQ-1089-GA: The Honorable Noble D. Walker, Jr., District Attorney, Hunt County, Whether a district judge may prohibit the director of a community supervision department from delegating his duties with regard to presentence investigations.
RQ-1090-GA Richard E. Glaser, Criminal District Attorney, Fannin County, Request for an opinion regarding commissions on bond forfeitures collected by a District Attorney.