ATTORNEY GENERAL

Requests for Opinions

RQ-0191-KP

Requestor:

The Honorable Jodie Laubenberg

Chair, Committee on Elections

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether a school district board of trustees may establish term limits for trustees as part of the district's governance policy (RQ-0191-KP)

Briefs requested by December 12, 2017

RQ-0192-KP

Requestor:

The Honorable Joseph C. Pickett

Chair, Committee on Environmental Regulation

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether Proposition 1 and Proposition 7 funds may be used on toll projects (RQ-0192-KP)

Briefs requested by December 12, 2017

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

TRD-201704583

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: November 14, 2017


Opinions

Opinion No. KP-0171

The Honorable Patrick M. Wilson

Ellis County and District Attorney

109 South Jackson

Waxahachie, Texas 75165

Re: Whether a Type A general-law municipality may collect dues on behalf of homeowners associations in exchange for partial payment of the municipality's accounting expenses (RQ-0163-KP)

S U M M A R Y

A Type A general-law municipality does not possess the authority to collect dues on behalf of a homeowners association.

Opinion No. KP-0172

Mr. Conrado M. Hein, Jr.

Interim Webb County Auditor

1110 Washington Street, Suite 201

Laredo, Texas 78040

Re: Authority of a county commissioners court under Local Government Code section 111.062 to appoint two part-time employees to fulfill the functions of a county budget officer, and the applicability of incompatibility rules to the appointed employees (RQ-0165-KP)

S U M M A R Y

The common-law doctrine of incompatibility does not prohibit two individuals appointed to the positions of county budget officer and assistant budget officer from serving in those positions because of their simultaneous employment as employees of the county judge and the county commissioners court, respectively.

Whether the participation of the county judge and a commissioner in department meetings with the county budget officer and the assistant budget officer constitutes the preparation of the budget contrary to chapter 111, subchapter C is a question of fact.

Opinion No. KP-0173

Ms. Shelly Atteberry

Cooke County Auditor

101 South Dixon Street

Gainesville, Texas 76240

Re: Whether an attorney serving a county pursuant to a collection contract under article 103.0031 of the Code of Criminal Procedure may collect delinquent restitution owed to a crime victim (RQ-0166-KP)

S U M M A R Y

If a court serving the County orders a defendant to make restitution to a crime victim and payment is delinquent, a commissioners court may refer the matter to a private collections attorney under contract with the County pursuant to article 103.0031(a)(1)(A) of the Code of Criminal Procedure.

Opinion No. KP-0174

The Honorable Gene Stump

Franklin County Attorney

200 North Kaufman Street

Mount Vernon, Texas 75457

Re: County authority related to a court's registry account (RQ-0167-KP)

S U M M A R Y

A county treasurer does not have administrative authority over a court's registry account. A county commissioners court has only the authority necessary to perform its duties to select, designate, and contract with a depository bank for court registry accounts and to require adequate security for the accounts.

Opinion No. KP-0175

The Honorable Abel Herrero

Chair, Committee on Land & Resource Management

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether an appraisal district is authorized to modify the boundary of a school district upon receipt of information suggesting the survey line is inaccurate (RQ-0168-KP)

S U M M A R Y

A tax appraisal district has no authority to detach property from one school district and transfer the property to another school district under section 13.051 of the Education Code.

The Legislature has not given an appraisal district independent authority to determine or alter the boundaries established by a school district.

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

TRD-201704581

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: November 14, 2017