AG Opinions and Requests

TAC has highlighted recent attorney general opinions and requests for opinions of interest to counties.

March 24, 2022

Legislative News

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The Texas Association of Counties has highlighted recent Attorney General Opinions and Requests for Opinions of interest to counties.

Attorney General Opinions

KP-0399: Authority of Goliad County to erect signage in a state highway right-of-way under Transportation Code chapter 394 in particular circumstances (RQ-0422-KP). A county does not have the authority to place a sign in a state highway right-of-way without approval of the Texas Department of Transportation or an agreement with the Texas Transportation Commission.

KP-0400: Whether a part-time assistant county attorney representing the Department of Family and Protective Services may maintain a private practice representing parents or children in child protection cases in other counties (RQ-0423-KP). Neither the Professional Prosecutors Act, found in Government Code chapter 46 nor a similar provision found in Government Code chapter 41 would prohibit the assistant county attorney described from maintaining a private practice. A court would likely find that an assistant county attorney with the salary described may maintain a private practice. The Texas Disciplinary Rules of Professional Conduct address the second component of the question implicating potential conflicts of interest and that portion of the question is better directed to the Committee on Professional Ethics.

KP-0401: Whether certain medical procedures performed on children constitute child abuse (RQ-0426-KP). Each of the "sex change" procedures and treatments enumerated above, when performed on children, can legally constitute child abuse under several provisions of chapter 261 of the Texas Family Code. When considering questions of child abuse, a court would likely consider the fundamental right to procreation, issues of physical and emotional harm associated with these procedures and treatments, consent laws in Texas and throughout the country, and existing child abuse standards.

Request for Attorney General Opinion

RQ-0447-KP: The Honorable Dee Hobbs, Williamson County Attorney. Meaning of the term "salary" as used in article 16, section 40, of the Texas Constitution.

RQ-0448-KP: The Honorable Jaime A. Iracheta, Maverick County Attorney. Whether section 51.221 of the Water Code authorizes a limited liability company to vote in an election conducted pursuant to that section.

RQ-0449-KP: Mr. Glenn A. Bower, Executive Director, Texas Funeral Service Commission. Whether section 651.2035 requires the Texas Funeral Service Commission to disclose to a complainant information and materials compiled by the Commission in connection with a resolved complaint and investigation.