Opinions
Opinion #JC-0023. (RQ-1182).
Request from
Mr. John Branson, Fisher County Auditor, P. O. Box 126, Roby, Texas 79543
regarding authority of a commissioners court to order an independent audit.
Summary.
Under section 115.031(i) of the
Local Government Code, a commissioners court may provide for an independent
audit of accounts and officials if the court, by an order entered at any
regular term, determines that the audit would best serve the public interest.
Whether an independent audit would "best serve the public interest" is a
factual determination committed to the discretion of the commissioners court.
A county auditor may not prevent a properly ordered independent audit absent
an abuse of discretion by the commissioners court.
Opinion #JC-0024. (RQ-1190).
Request from
the Honorable Michael P. Fleming, Harris County Attorney, 1019 Congress, 15th
Floor Houston, Texas 77002-1700, regarding procedure for receiving and refunding
a cash bail bond posted pursuant to article 17.02 of the Code of Criminal
Procedure.
Summary.
A person other than the defendant
may make a cash bail bond deposit with the court officer to secure the defendant's
release from custody pursuant to article 17.02 of the Code of Criminal Procedure.
The receipt for a cash deposit should be issued in the name of the defendant.
While the court officer is not required to notify the third party depositor
that the funds will be returned to the defendant, no statutory prohibition
precludes such notification. If the defendant complies with the conditions
of the bond, and upon court order, the bond funds must be returned to the
defendant. The court officer may not withhold a cash bail bond refund until
fines assessed against the defendant are paid.
Opinion #JC-0025. (RQ-1212).
Request from
the Honorable William T. Hill, Jr., Dallas County Criminal District Attorney,
411 Elm Street, Dallas, Texas 75202, regarding whether municipal court has
jurisdiction over cases arising under nuisance ordinance prohibiting outdoor
burning within 5,000 feet outside city limits.
Summary.
Where a municipality is authorized
to adopt a nuisance ordinance applicable to conduct occurring outside city
limits and where the municipality has adopted such an ordinance, a municipal
court has implied jurisdiction over cases arising from violations of the
ordinance that occur outside city limits.
Opinion #JC-0026. (RQ-1216).
Request from
the Honorable David Aken, San Patricio County Attorney, County Courthouse,
Room 102, Sinton, Texas 78387, request whether the commissioners court may
pay the sheriff the same amount of longevity pay he received as a deputy.
Summary.
The commissioners court of San
Patricio County may, at its discretion, adjust its rate of longevity pay
for the sheriff of the county prospectively. Article III, section 53 of the
Texas Constitution, however, forbids it from making such an adjustment retroactively.
TRD-9901740
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: March 23, 1999
RQ-0040.
Request from the Honorable Michael
P. Fleming, Harris County Attorney, 1001 Preston Houston, TX 77002-1891, regarding
whether a commissioners court may or must pay the fee of an attorney who defended
a district judge in a mandamus action.
TRD-9901741
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: March 23, 1999
Request for Opinion