Attorney General Opinions

December 04, 2015

Legislative News

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

Attorney General Opinions

KP-0045 Whether nepotism laws prohibit a county hospital from employing a county judge's spouse. (RQ-0030-KP)Summary: Because the county judge has no authority to hire employees of the Pecos County Memorial Hospital, the nepotism statute does not prohibit the superintendent of the Hospital from employing the spouse of the county judge.

Requests for Attorney General Opinions

RQ-0067-KP: Ms. Lisa Smith, Bastrop County Auditor, Whether Tax Code section 33.06 authorizes ad valorem property tax deferral on mixed-use property. 

RQ-0069-KP: Ms. Jean Olinger, Presiding Officer, Texas Funeral Service Commission, Whether a county is responsible for costs associated with transporting a corpse from an autopsy to its final destination. 

RQ-0070-KP: The Honorable J.D. Lambright, Montgomery County Attorney, Questions related to an emergency service district’s sales and use tax election that failed to exclude territory where the sales tax was already capped at two percent. 

RQ-0071-KP: The Honorable Myra Crownover, Chair, Committee on Public Health, Texas House of Representatives, The legality of fantasy sports leagues under Texas law.

RQ-0073-KP: The Honorable Drew Darby, Chair, Committee on Energy Resources, Texas House of Representatives, The effect of section 113.054 of the Natural Resources code on a political subdivision’s authority to adopt and enforce ordinances relating to the liquefied petroleum gas industry.

RQ-0075-KP: Ms. Judy McAdams, Victoria County Auditor, Whether a criminal district attorney may use forfeiture funds to investigate operations of a juvenile detention center.

RQ-0077-KP: Mr. Ronald Kubecka, President and Chair, Lavaca-Navidad River Authority Board of Directors, Whether river authorities may adopt regulations that prohibit the possession of firearms on river authority parklands.

RQ-0078-KP: Ms. Betty Jez, Austin County Auditor, What qualifies as a “judicial function” of a county judge such that the judge may claim a state salary supplement under section 26.006 of the Government Code.

RQ-0079-KP: Ms. Christiana Moreno, Bandera County Auditor, Whether article III, section 52 of the Texas Constitution prohibits a county from providing financial assistance to a non-profit organization.

RQ-0080-KP: The Honorable Lori J. Kaspar, Hood County Attorney, Ownership of interest earned on county taxes held by the appraisal district.