ATTORNEY GENERAL

Requests for Opinions

RQ-0143-KP

Requestor:

The Honorable Harold V. Dutton, Jr.

Chair, Committee on Juvenile Justice and Family Issues

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether municipal courts are authorized to report juvenile convictions for drug paraphernalia offenses to the Texas Department of Public Safety (RQ-0143-KP)

Briefs requested by January 10, 2017

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

TRD-201606264

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: December 5, 2016


Opinions

Opinion No. KP-0119

The Honorable Rodney W. Anderson

Brazos County Attorney

Brazos County Courthouse

300 East 26th Street, Suite 1300

Bryan, Texas 77803-5359

Re: The effect of section 130.0827 of the Education Code on the simultaneous service of an individual as a board trustee of Blinn College and a Brazos County commissioner (RQ-0108-KP)

S U M M A R Y

A court would likely conclude that the conflicting-loyalties aspect of common-law incompatibility precludes an individual from simultaneously serving as a member of the Blinn College Board of Trustees and as a Brazos County commissioner.

Opinion No. KP-0120

The Honorable Abel Herrero

Chair, Committee on Criminal Jurisprudence

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Authority of a junior or community college to prohibit the carrying of concealed handguns in classrooms or other areas where minors attend class or are routinely present (RQ-0109-KP)

S U M M A R Y

Pursuant to amendments made to chapter 411 of the Government Code and chapter 46 of the Penal Code by Senate Bill 11 from the Eighty-fourth Legislature, a junior or community college may not categorically prohibit concealed handguns from the locations you identify due to the presence of minors. Under Government Code subsection 411.2031(d-1), the president or other chief executive officer of the junior or community college may establish reasonable rules, regulations, and other provisions regarding the carrying of concealed handguns by license holders that accommodate the unique nature of a particular campus provided that such rules, regulations, or provisions do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution.

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

TRD-201606131

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: December 2, 2016