ATTORNEY GENERAL

Opinions

Opinion No. KP-0123

The Honorable Charles Perry

Chair, Committee on Agriculture, Water & Rural Affairs

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2548

Re: Whether adoption of the American Bar Association's Model Rule of Professional Conduct 8.4(g) would constitute a violation of an attorney's statutory or constitutional rights

(RQ-0128-KP)

S U M M A R Y

A court would likely conclude that the American Bar Association's Model Rule of Professional Conduct 8.4(g), if adopted in Texas, would unconstitutionally restrict freedom of speech, free exercise of religion, and freedom of association for members of the State Bar. In addition, a court would likely conclude that it was overbroad and void for vagueness.

Opinion No. KP-0124

The Honorable Charles Schwertner

Chair, Committee on Health and Human Services

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

The Honorable Joan Huffman

Chair, Committee on State Affairs

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Whether doctors of osteopathy are authorized to issue certificates of medical examination under chapter 574 of the Health and Safety Code (RQ-0133-KP)

S U M M A R Y

Pursuant to chapter 574 of the Health and Safety Code, an individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathy, may issue a certificate of medical examination for mental illness as provided in section 574.009.

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

TRD-201700018

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: January 4, 2017


Opinions

Opinion No. KP-0125

The Honorable Sharen Wilson

Tarrant County Criminal District Attorney

401 West Belknap

Fort Worth, Texas 76196

Re: Simultaneous service on the board of trustees of a public library district and on the city council (RQ-0115-KP)

S U M M A R Y

Because the City of Forest Hill and the Forest Hill Library District have taxation authority in overlapping territories, one individual may not simultaneously serve as a city council member and as a library district trustee. In qualifying for the second office of library district trustee, the individual effectively resigned from the office of city council.

Opinion No. KP-0126

Mr. William E. Tye

Bowie County Auditor

Bowie County Courthouse

710 James Bowie Drive

New Boston, Texas 75570

Re: Authority of a district attorney to use forfeiture funds for certain purposes

(RQ-0116-KP)

S U M M A R Y

Article 59.06 of the Code of Criminal Procedure authorizes a district attorney to expend forfeiture funds solely for an official purpose of the attorney's office, which may include expenditures for facility costs such as remodeling, renovating, and maintenance. A district attorney may expend such funds on carpet for a county-owned building to the extent it serves an authorized purpose of the attorney's office. A district attorney need not seek permission of the commissioners court to expend forfeiture funds for such an authorized purpose, provided that the expenditure does not usurp or unreasonably interfere with the county commissioners' authority with respect to county buildings.

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

TRD-201700019

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: January 4, 2017