Attorney General

Opinions

Opinion No. GA-0713

The Honorable Rodney W. Anderson

Brazos County Attorney

300 East 26th Street, Suite 325

Bryan, Texas 77803

Re: Authority of a justice of the peace in a proceeding under section 25.094, Education Code (RQ-0762-GA)

S U M M A R Y

A justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation for an individual found to have committed an offense under section 25.094, Education Code, if the justice court determines that the use of the device in a given proceeding is reasonable.

Opinion No. GA-0714

The Honorable Jeff Wentworth

Chair, Committee on Jurisprudence

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Authority of a county to contract with a private entity for the collection of delinquent fines, fees, and court costs (RQ-0752-GA)

S U M M A R Y

Code of Criminal Procedure article 103.0031, which authorizes the commissioners court of a county to enter into a contract with a private attorney or a public or private vendor for the provision of collection services, does not violate article V, section 21 of the Texas Constitution by depriving the criminal district attorney of the authority to prosecute suits by the state.

Opinion No. GA-0715

The Honorable Joseph D. Brown

Grayson County Criminal District Attorney

Grayson County Justice Center, Suite 116A

Sherman, Texas 75090

Re: Whether members of a county juvenile board may participate in the county's group health insurance program (RQ-0766-GA)

S U M M A R Y

A district judge serving as a juvenile board member and who is paid a supplemental income by the county for service on the board may be provided county medical insurance pursuant to Local Government Code section 157.002. A commissioners court, however, has discretion to discontinue, by rule, coverage for board members. Moreover, the Grayson County Commissioners Court has authority to determine whether members of the Juvenile Board of Grayson County are provided medical insurance because of the Commissioners Court's express authority to set the compensation of Board members.

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

TRD-200901908

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: May 13, 2009