Re: Whether an individual may simultaneously serve as a trustee of the New Caney Independent School District and director of the East Montgomery County Improvement District (RQ-0269-GA)

S U M M A R Y

Under the conflicting loyalties aspect of the common-law doctrine of incompatibility, an individual may not simultaneously serve as trustee of the New Caney Independent School District and director of the East Montgomery County Improvement District.

Opinion No. GA-0308

The Honorable Wally Hatch

District Attorney

64th and 242nd Judicial Districts

Hale County Courthouse

500 Broadway, Number 300

Plainview, Texas 79072

Re: Authority of a commissioners court to require a district attorney to relinquish a vehicle (RQ-0270-GA)

S U M M A R Y

A commissioners court is permitted to adopt a county budget in which a county vehicle that has been allocated to one county officer is reallocated to another county officer. The commissioners court's budget-making authority is limited to the extent that its refusal to approve a requested expenditure precludes an elected officer from carrying out the legal responsibilities of the office.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at (512) 463-2110.

TRD-200500952

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 2, 2005