ATTORNEY GENERAL

Requests for Opinions

RQ-0177-KP

Requestor:

The Honorable Faith Johnson

Dallas County Criminal District Attorney

133 North Riverfront Boulevard, L.B. 19

Dallas, Texas 75207-4399

Re: Which body worn camera recordings an officer may review, pursuant to Occupations Code subsection 1701.655(b)(5), before making a statement about an officer-involved incident (RQ-0177-KP)

Briefs requested by October 11, 2017

RQ-0178-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 the administrative fee provisions of subsection 228.0547(b) of the Transportation Code apply to an entity operating a toll lane pursuant to section 228.007(b) of the Transportation Code (RQ-0178-KP)

Briefs requested by October 13, 2017

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

TRD-201703625

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: September 13, 2017


Opinions

Opinion No. KP-0161

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)

S U M M A R Y

Section 141.063 of the Election Code does not require that a qualified voter who signs a petition to place a candidate's name on the ballot print the voter's name exactly as the name appears on the voter registration list. Thus, a signature on such a petition is not automatically rendered invalid when the signer's printed name does not exactly match the signer's name as listed on voter registration rolls.

An election official verifying such a signature for validity must consider all of the information provided by the voter in the petition and the voter's registration records.

Opinion No. KP-0162

Mr. Tony Sims

Chambers County Auditor

404 Washington Avenue

Post Office Box 910

Anahuac, Texas 77514

Re: Whether a commissioners court may fund the county fire marshal and safety coordinator position through revenue generated by a sales and use tax imposed pursuant to chapter 324 of the Tax Code (RQ-0152-KP)

S U M M A R Y

A court would likely conclude that a commissioners court may not fund the salary of a county fire marshal and safety coordinator position through revenue generated by a sales and use tax imposed pursuant to chapter 324 of the Tax Code.

Opinion No. KP-0163

The Honorable Mark A. Gonzalez

Nueces County District Attorney

901 Leopard, Room 206

Corpus Christi, Texas 78401-3681

Re: Whether the district attorney's office must pay for the copy of the reporter's record filed with the trial court clerk pursuant to Rule of Appellate Procedure 34.6(h) (RQ-0153-KP)

S U M M A R Y

Neither the Texas Rules of Appellate Procedure, nor chapter 52 of the Government Code, nor a court reporter's ethical duties authorizes a court reporter to charge a district attorney's office when the State is not the appellant for the copy of the reporter's record filed with the trial court clerk pursuant to Texas Rule of Appellate Procedure 34.6(h).

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

TRD-201703619

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: September 12, 2017


Opinions

Opinion No. KP-0164

The Honorable Richard E. Glaser

Fannin County Criminal District Attorney

101 East Sam Rayburn Drive, Suite 301

Bonham, Texas 75418

Re: The validity of local stock law elections held under statutes in effect in 1918

(RQ-0154-KP)

S U M M A R Y

The 1981 codification of chapter 143 of the Agriculture Code did not repeal stock laws establishing the free-range status of certain animals pursuant to a local option election conducted prior to 1981 under the statutes then in effect. In a county that adopted a local option stock law prior to 1981, the current provisions of chapter 143 govern the duty to prevent the class of animal specified in the local option stock law from roaming free in the locality.

Opinion No. KP-0165

The Honorable Joseph D. Brown

Grayson County Criminal District Attorney

200 South Crockett, Suite 116A

Sherman, Texas 75090

Re: Whether affidavits regarding ownership of real property by adverse possession may be recorded with the county clerk pursuant to section 12.001(a) of the Property Code

(RQ-0155-KP)

S U M M A R Y

Local Government Code section 192.001 requires a county clerk to record an instrument that is required or permitted by law to be recorded. Thus, a county clerk may not refuse to accept for filing an instrument concerning real property, including an affidavit of adverse possession, if the affidavit meets the recording requirements of Property Code section 12.001(a). Fraudulent affidavits are criminal, and county clerks have a duty to notify property owners when a fraudulent affidavit is filed.

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

TRD-201703630

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: September 13, 2017