Attorney General Opinions

January 30, 2015

Legislative News

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

Attorney General Opinions

GA-1095: Authority of a notary public to withhold or redact certain information from copies of entries in a notary public record book. (RQ-1209-GASummary: Chapter 406 of the Government Code requires a notary public to provide a certified copy of any entry in the notary public's record book upon the request and payment of fees by any person. A party invoking federal law to avoid compliance with chapter 406 bears the burden to demonstrate that federal law preempts the Legislature's provision for openness. Nothing in the materials provided to this office indicates that the burden has been met in the, case about which you ask. Chapter 406 and administrative rules promulgated thereunder authorize the office of the Secretary of State to determine in administrative proceedings whether a notary public has complied with the duty to provide such information, subject to the notary's rights of hearing, adjudication, and appeal.

Requests for Attorney General Opinions

RQ-1234-GA: The Honorable René M. Peña, 81st Judicial District Attorney, Whether a member of a board of trustees of an independent school district may also serve as a trustee of a county hospital board with overlapping jurisdiction.

RQ-0003-KP: The Honorable Bill Callegari, Chair, Committee on Pensions, Texas House of Representatives, Regulatory authority of the Barton Springs-Edwards Aquifer Conservation District.

RQ-0005-KP: The Honorable Susan Hawk, Dallas County District Attorney, Civil Section, Regarding a county's duty to defend a county judge in a proceeding before the State Commission on Judicial Conduct pursuant to Tex. Loc. Gov't Code Section 157.901.