ATTORNEY GENERAL

Opinions

Opinion No. KP-0121

Ms. Jennifer D. Robison

Brown County Auditor

200 South Broadway

Brownwood, Texas 76801

The Honorable Shane Britton

Brown County Attorney

Brown County Courthouse

200 South Broadway

Brownwood, Texas 76801

Re: Authority of county attorneys regarding payments made in conjunction with pretrial diversion agreements (RQ-0111-KP)

S U M M A R Y

Section 45.125 of the Government Code authorizes the Brown County Attorney to receive gifts and grants limited to the purpose of financing or assisting the operation of the attorney's office. A court would likely conclude that section 45.125 does not authorize the Brown County Attorney's office to require an accused to pay an amount to that office as a condition of a pretrial intervention agreement in addition to or in excess of the fee authorized by article 102.0121 of the Code of Criminal Procedure. No statute authorizes a criminal court to order a defendant to pay a gift or grant under section 45.125 of the Government Code.

Gifts or grants received under section 45.125 of the Government Code are limited to financing or assisting the operation of the Brown County Attorney's office. The fee authorized by article 102.0121 of the Code of Criminal Procedure may be used only for the expenses of a prosecuting attorney's office related to a defendant's participation in a pretrial intervention program offered in that county.

The county commissioners court has ultimate authority over the disposition of funds received under section 45.125 of the Government Code. Funds received under that statute may not be commingled with or transferred to the hot-check fund established under article 102.007 of the Code of Criminal Procedure.

Opinion No. KP-0122

The Honorable Rebecca R. Walton

Hardin County Attorney

Courthouse, Second Floor

Post Office Box 516

Kountze, Texas 77625

Re: Simultaneous service as a municipal police chief and a constable (RQ-0112-KP)

S U M M A R Y

Neither article XVI, section 40 of the Texas Constitution nor the common-law doctrine of incompatibility bars the City of Lumberton police chief from simultaneously holding the position of constable in the same precinct where the city is located.

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

TRD-201606581

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: December 14, 2016