RQ-0798-GA
Requestor:
The Honorable Mark Homer
Chair, Committee on Culture, Recreation & Tourism
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Authority of a city to re-acquire extraterritorial jurisdiction that it previously relinquished pursuant to chapter 42 of the Local Government Code (RQ-0798-GA)
Briefs requested by June 29, 2009
RQ-0799-GA
Requestor:
Colonel Lamar Beckworth, Interim Director
Texas Department of Public Safety
5805 North Lamar Boulevard
Austin, Texas 78752-4431
Re: Whether a county's disclosure on its website of driver license photographs received from the Department of Public Safety would violate the Motor Vehicle Records Disclosure Act or the Driver Privacy Protection Act (RQ-0799-GA)
Briefs requested by July 3, 2009
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200902211
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: June 3, 2009
Opinion No. GA-0716
The Honorable Armando R. Villalobos
Cameron County District and County Attorney
Cameron County Courthouse
974 East Harrison Street
Brownsville, Texas 78520
Re: Whether an assistant county or assistant district attorney may lawfully and ethically practice as a criminal defense attorney in federal court and in the state courts of a neighboring county (RQ-0754-GA)
S U M M A R Y
Article 2.08 of the Code of Criminal Procedure does not prohibit an assistant county or assistant district attorney from practicing as a criminal defense attorney in federal court or in the state courts of a neighboring county, although, under certain circumstances, section 46.005 of the Government Code bars such practice by an assistant county attorney. Rules 1.06 and 1.10 of the Texas Disciplinary Rules of Professional Conduct caution against any such representation of a private client, although such inquiries must ultimately be addressed to the Committee on Professional Ethics.
Opinion No. GA-0717
The Honorable Kenda Culpepper
Rockwall County Criminal District Attorney
Rockwall Government Center
1101 Ridge Road, Suite 105
Rockwall, Texas 75087
Re: Validity of a city charter provision that permits a majority of council members to call a special meeting (RQ-0763-GA)
S U M M A R Y
We cannot conclude, as a matter of law, that a charter provision of the City of Rockwall permitting a majority of members of the city council to call a special meeting violates the Open Meetings Act on its face.
Opinion No. GA-0718
The Honorable Don Allee
Kendall County Attorney
Kendall County Courthouse
201 East San Antonio Street, Suite 306
Boerne, Texas 78006-2050
Re: Authority of justice of the peace and county court at law to cause the amendment of a death certificate concerning the cause of death (RQ-0764-GA)
S U M M A R Y
A justice of the peace's decisions in carrying out discretionary duties under chapter 49 of the Code of Criminal Procedure are subject to an abuse of discretion standard and, in the proper case, a writ of mandamus may issue to correct a clear abuse of discretion. Whether a county court at law has jurisdiction to issue an order to the Texas Department of State Health Services, Vital Statistics Unit, cannot be determined without reference to the pleadings and proceedings in the particular case. It is unlikely that a court order that is not directed to a justice of the peace could be enforced against the justice of the peace.
Opinion No. GA-0719
The Honorable Mike Jackson
Chair, Committee on Nominations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Whether an attorney who acts as an unpaid advisor to the board of trustees of an independent school district may also represent the district for compensation in the collection of delinquent taxes (RQ-0767-GA)
S U M M A R Y
The attorney's services to the Pasadena Independent School District as an unpaid advisor and collector of delinquent taxes do not appear, in this instance, to implicate laws pertaining to dual office holding, the common-law doctrine of incompatibility, or the general conflict of interest provisions contained in chapter 171 of the Local Government Code.
However, the provision of free legal services to a school district by an attorney under or in conjunction with a contract for the collection of delinquent taxes may contravene Tax Code section 33.07. Whether a donation of legal services by an attorney under a particular contract violates section 33.07 is a question of fact not appropriate for the attorney general opinion process.
The Texas Disciplinary Rules of Professional Conduct also may need to be considered in relation to the attorney's services to the school district. Questions about any potential conflicts of interest arising from the attorney's conduct must be addressed by the Committee on Professional Ethics.
Opinion No. GA-0720
Mr. Charles G. Cooper
Banking Commissioner
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
Re: Whether an agent under a statutory durable power of attorney may alter the method of disposition of a person's body previously specified by that person in a prepaid funeral contract (RQ-0768-GA)
S U M M A R Y
Where an individual specifies the method of disposition of his or her remains in a fully paid funeral contract of which he or she is the purchaser and beneficiary, the individual's agent under a statutory durable power of attorney may not change the method of disposition. If the agent under a statutory durable power of attorney cancels a prepaid funeral contract purchased by the principal for him or herself, the principal's written directive in the contract regarding disposition of his or her remains is not canceled.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200902207
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: June 3, 2009