ATTORNEY GENERAL

Requests for Opinions

RQ-0157-KP

Requestor:

The Honorable Jane Nelson

Chair, Committee on Senate Finance

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether the deposit of net sales tax revenue into the state highway fund as required under article 8, section 7-c(a) of the Texas Constitution may be made after the close of the fiscal year when deposit before the close of the fiscal year is not possible (RQ-0157-KP).

Briefs requested by April 18, 2017

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-201701621

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: April 19, 2017


Opinions

Opinion No. KP-0138

The Honorable Jerry D. Rochelle

Bowie County Criminal District Attorney

601 Main Street

Texarkana, Texas 75504

Re: The effect of a conviction in another state, and a subsequent restoration of rights by the other state, on an individual's ability to run for or hold public office in Texas (RQ-0131-KP).

S U M M A R Y

Under the Full Faith and Credit Clause of the United States Constitution, the State of Texas must recognize an Arkansas court's valid order dismissing a felony charge and releasing an individual from the penalties and disabilities of that charge in Arkansas. An individual for whom the penalties and disabilities have been removed by an Arkansas court is not prohibited by Election Code subsection 141.001(a)(4) from holding public office in Texas.

Opinion No. KP-0139

The Honorable Martin Placke

Lee County Attorney

200 South Main Street, Room 305

Giddings, Texas 78942

Re: The type of bond required for a county attorney who performs the functions of both a county and district attorney (RQ-0132-KP).

S U M M A R Y

The Legislature delegated no portion of the Lee County Attorney's statutory and constitutional duties to a district attorney and instead kept such duties with the Lee County Attorney. Because the county attorney bond covers all such duties, a court would likely conclude that a separate district attorney bond is unnecessary. Thus, the Lee County Attorney must execute only a county attorney bond.

A court would likely conclude that while the official bond required of the county attorney does not follow to his or her assistant prosecutors, the county attorney may require his or her assistant prosecutors to post a bond at his or her discretion.

Opinion No. KP-0140

The Honorable Jo Anne Bernal

El Paso County Attorney

500 East San Antonio, Room 503

El Paso, Texas 79901

Re: Whether Texas election judges are required to take the oath of office prescribed by Texas Constitution article XVI, section 1 (RQ-0134-KP).

S U M M A R Y

A court is likely to conclude that election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under article XVI, section 1 of the Texas Constitution in addition to the statutory election officer's oath. The fact that an election judge, alternate election judge, or early-voting clerk may not have taken the constitutional oath is unlikely to affect the validity of a prior election.

Opinion No. KP-0141

The Honorable Nicholas "Nico" LaHood

Bexar County Criminal District Attorney

101 West Nueva, 7th Floor

San Antonio, Texas 78205-3030

Re: Authority to appoint associate judges to preside over proceedings for court-ordered mental health services pursuant to section 574.0085 of the Health and Safety Code (RQ-0135-KP).

S U M M A R Y

A court would likely conclude that the statutory or constitutional county court judge with jurisdiction over mental illness matters has authority to appoint the associate judge under subsection 574.0085(a) of the Health and Safety Code.

Opinion No. KP-0142

David Fleeger, M.D.

Chair, Board of Directors

Texas Health Services Authority

5900 Southwest Parkway, Building 2, Suite 201

Austin, Texas 78735

Re: Whether certain funds received by the Texas Health Services Authority are public funds under the Public Funds Investment Act, chapter 2256 of the Government Code (RQ-0136-KP).

S U M M A R Y

A court would likely conclude that funds received by the Texas Health Services Authority as a result of the dissolution of the Texas Health Insurance Risk Pool are public funds under the Public Funds Investment Act.

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-201701623

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: April 19, 2017