ATTORNEY GENERAL

Requests for Opinions

RQ-0150-KP

Requestor:

The Honorable David P. Weeks

Walker County Criminal District Attorney

1036 11th Street

Huntsville, Texas 77340

Re: Whether a commissioners court may enter an order authorizing the treasurer to pay certain types of claims and bills prior to presenting the actual claims or bills to the commissioners court (RQ-0150-KP)

Briefs requested by March 24, 2017

RQ-0151-KP

Requestor:

The Honorable Jodie Laubenberg

Chair, House Committee on Elections

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Requirements for signatures on a petition filed in connection with a candidate's application for a place on the ballot (RQ-0151-KP)

Briefs requested by March 27, 2017

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

TRD-201700773

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: February 27, 2017


Opinions

Opinion No. KP-0133

The Honorable J.D. Sheffield

Chair, Joint Committee on Aging

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the proposed Upper San Saba River Management Plan unlawfully delegates legislative power to a private entity (RQ-0124-KP)

S U M M A R Y

The constitutionality of a proposed management plan (the "Plan") for the Upper San Saba River involving a potential delegation of legislative authority, and whether such a Plan would result in a regulatory taking, involves fact determinations that cannot be resolved in an attorney general opinion.

If the Plan involves a delegation of legislative authority to a private entity, a court would first confirm the delegation, examining whether the Plan results in a private entity setting public policy, providing the details of the law, promulgating rules and regulations to apply the law, or ascertaining conditions upon which existing laws may operate. If so, the court would apply the eight-factor test established in Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen to determine whether the factors as a whole weigh in favor of or against constitutionality. If the Plan involves a delegation of legislative authority to a public entity, a court examines whether the Legislature established reasonable standards to guide the public entity in exercising such powers.

A court considering a regulatory takings challenge would use a federal framework examining: (1) "the economic impact of the regulation on the claimant"; (2) the "character of the governmental action"; and (3) the "extent to which the regulation has interfered with the economic expectations of the property owner."

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

TRD-201700774

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: February 27, 2017


Opinions

Opinion No. KP-0134

The Honorable Dee Hobbs

Williamson County Attorney

405 Martin Luther King Street #7

Georgetown, Texas 78626

Re: Access to court records containing criminal history record information that is subject to an order of nondisclosure under chapter 411 of the Government Code (RQ-0125-KP)

S U M M A R Y

Pursuant to section 411.076 of the Government Code, a court may disclose criminal history record information subject to an order of nondisclosure only to criminal justice agencies for criminal justice or regulatory licensing purposes, to the person who is the subject of the order, or to an agency or entity listed in section 411.0765(b) of the Government Code. Such criminal history record information may not be disclosed to employees of a district or county clerk except as necessary for statutorily authorized purposes. The adequacy of measures necessary to seal criminal history record information involves questions of fact that cannot be determined in an attorney general opinion.

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

TRD-201700809

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: February 28, 2017