JC-0033 (RQ-1083). Requested from The Honorable Eddie Lucio, Jr., Chair, Special Committee on Border Affairs, Texas State Senate, P.O. Box 12068, Austin, Texas, 78711-2068, concerning whether a county judge may practice law in the courts of his county.

Summary. Section 82.064 of the Government Code precludes a county judge who is licensed to practice law from practicing as an attorney at law in any county or justice court over which the court on which the judge serves has original or appellate jurisdiction. Pursuant to article 26.06 of the Code of Criminal Procedure, the county judge need not accept a judicial appointment to represent an indigent defendant in a criminal case, but may accept it if he wishes to do so. The county judge's practice of law must be in compliance with the Texas Disciplinary Rules of Professional Conduct, and in particular, with rule 1.06 relating to conflicts of interest. The county judge must consider whether the conflict between his role as county judge and his ethical responsibilities as a lawyer would prevent him from taking a particular case.

JC-0034 (RQ-1137). Requested from The Honorable Raymie Kana, Colorado County Auditor Courthouse, Third Floor, Columbus, Texas, 78934, concerning authority of county attorney to provide legal services to commissioners court, and related questions.

Summary. While the Professional Prosecutors Act, chapter 46 of the Government Code, prevents a county attorney covered by it from entering into a contract with the county to provide it, for remuneration, with ancillary legal services not included among his statutory duties, it does not prevent the county attorney from voluntarily and gratuitously providing such services should he so choose. Because prosecutors covered by the Act give up their capacity to practice law privately, the Act does prevent a county attorney covered by it from entering in his private capacity into a consultation agreement with a municipality to provide the municipal court with legal advice. Nor, absent specific statutory authority to do so, may the county attorney enter into such a contract in his official capacity.

JC-0035 (RQ-1215). Requested from The Honorable Bill G. Carter Chair, Committee on Urban Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas, 78768-2910, concerning whether a home-rule municipality may adopt an ordinance requiring residential construction contractors to use the franchisee selected by the city for weekly residential and commercial garbage removal.

Summary. A home-rule municipality may adopt an ordinance requiring residential construction contractors to use the franchisee selected by the city for weekly residential and commercial garbage removal to collect and haul customary debris from a construction site.

JC-0036 (RQ-1200). Requested from The Honorable Ronald D. Hankins, Somervell County Attorney, P.O. Box 1335, Glen Rose, Texas, 76043, concerning whether a county may build, maintain, or improve city streets that are not integral parts of or connecting links with county roads or state highways.

Summary. A county may build, maintain, or improve city streets that are not integral parts of or connecting links with county roads or state highways in accordance with section 251.012 of the Transportation Code, if such expenditures serve a county purpose. However, a county may not expend proceeds of bonds issued or taxes levied pursuant to article III, section 52(b) or (c) of the Texas Constitution for such city streets. Attorney General Opinion JM-892 (1988) and Letter Opinion 97- 084 are overruled to the extent they provide that a county may expend county funds in accordance with section 251.012 and its predecessor only to improve city streets that are integral parts of or connecting links with the county roads or state highways.

TRD-9902347

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: April 21, 1999

RQ-0052. Requested from The Honorable Tim Curry, Tarrant County Criminal District Attorney, 401 Belknap Street, Fort Worth, Texas, 76196-0201, concerning whether a sheriff must comply with the competitive bidding statutes to expend fees paid by a jail commissary vendor (Request Number 0052-JC).

RQ-0053. Requested from The Honorable Michael Wenk, Hays County Criminal District Attorney, 110 East Martin Luther King, San Marcos, Texas, 78666, concerning whether article 5.45, Code of Criminal Procedure applies when a peace officer escorts a victim of family violence back to the scene of the assault, and related questions (Request Number 0053-JC).

RQ-0054. Requested from The Honorable Ken Armbrister, Chair, Committee on Criminal Justice, Texas State Senate, P.O. Box 12068, 1E.12, Austin, Texas, 78711, concerning disclosure requirements for performance of embalming, and related questions (Request Number 0054-JC).

TRD-9902348

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: April 21, 1999