ATTORNEY GENERAL

Requests for Opinions

RQ-0158-KP

Requestor:

The Honorable Jim Murphy

Chair, Committee on Special Purpose Districts

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether the board of trustees of a public junior college may allow licensed concealed handguns in open meetings of the board of trustees (RQ-0158-KP).

Briefs requested by May 23, 2017

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

TRD-201701661

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: April 24, 2017


Requests for Opinions

RQ-0159-KP

Requestor:

The Honorable John Zerwas

Chair, Committee on Appropriations

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether an independent school district must hold a tax ratification election pursuant to Tax Code section 26.08 when it adopts a lower tax rate (RQ-0159-KP)

Briefs requested by May 16, 2017

RQ-0160-KP

Requestor:

The Honorable Lyle Larson

Chair, Committee on Natural Resources

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether a municipal utility district may use its surplus funds to repair or replace cluster-type mailbox facilities that serve residences in the district (RQ-0160-KP)

Briefs requested by May 26, 2017

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

TRD-201701684

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: April 26, 2017


Opinions

Opinion No. KP-0143

The Honorable Jane Nelson

Chair, Committee on 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 VIII, subsection 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)

S U M M A R Y

Article VIII, subsection 7-c(a) of the Texas Constitution requires the Comptroller to deposit into the state highway fund up to $2.5 billion of the net revenue derived from the imposition of the state sales and use tax under Chapter 151, Tax Code. If the Comptroller is unable to calculate the specific amount of the required deposit before the end of the fiscal year, a court would likely conclude that doing so as soon as possible thereafter would result in acceptable, substantial compliance with the constitutional provision.

Opinion No. KP-0144

Mr. Michael Morath

Commissioner of Education

Texas Education Agency

1701 North Congress Avenue

Austin, Texas 78701-1494

Re: Whether the computation of state funding for school districts receiving additional state aid for tax reduction must include local option homestead exemptions that were determined to be authorized in Attorney General Opinion KP-0072 (2016)

(RQ-0137-KP)

S U M M A R Y

The computation of state funding for school districts receiving additional state aid for tax reduction must not include local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.

Opinion No. KP-0145

The Honorable James Hicks

Taylor County Criminal District Attorney

300 Oak Street, Suite 300

Abilene, Texas 79602-1577

Re: When a search warrant affidavit becomes executed and thus publicly available under Code of Criminal Procedure article 18.01(b) (RQ-0138-KP)

S U M M A R Y

A court construing the plain language of article 18.01(b) of the Code of Criminal Procedure would likely conclude that a search warrant affidavit becomes public information when sworn to and filed with the court.

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

TRD-201701676

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: April 25, 2017