• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • MarketPlace
  • CJCAT
    • From the President
    • From the General Counsel
    • North and East Texas County Judges and Commissioners Association
    • South Texas County Judges and Commissioners Association
    • West Texas County Judges and Commissioners Association
    • Commissioners Court Conference Calendar
  • Conferences
  • Texas County Directory
    • Buy Subscription
    • Login
    • Browse Directory
  • Advertise
  • About Us
    • Meet Our Team
    • Subscribe
    • Previous Issues
      • 2023 Previous Issues
      • 2022 Previous Issues
      • 2021 Previous Issues
      • 2020 Previous Issues
      • 2019 Previous Issues
      • 2018 Previous Issues
      • 2017 Previous Issues
      • 2016 Previous Issues
      • 2015 Previous Issues
      • 2014 Previous Issues
  • Home
  • Legislature
  • Monuments of Justice
  • Key Concept
  • Commissioners Court
  • Texas Counties
  • Obituaries
Texas County Progress

Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

Attorney’s General Opinions

July 1, 2010 by Sarah L

County Commissioner Candidacy

            Re: Whether a county commissioner has announced his candidacy or become a candidate in fact for election to another office, thereby automatically resigning the office of county commissioner by virtue of article XVI, section 65 of the Texas Constitution (RQ-0836-GA).

Submitted by Geoffrey I. Barr

Comal County Criminal District Attorney

            Summary, Opinion No. GA-769: The facts as presented in the request do not suggest that the county commissioner has applied for a place on the ballot for another office. As a result, they do not establish that he has become a candidate in fact under article XVI, section 65 of the Texas Constitution. The facts presented in the request indicate a pronounced disagreement about the content of statements made and actions taken by the county commissioner as well as the circumstances in which they occurred. Consequently, we cannot determine as a matter of law whether the county commissioner has announced his candidacy for another office, thereby automatically resigning his current office.

 

County Solid Waste Disposal

            Re: Whether a utility company that contracts with a county to collect the fees for the county's solid waste disposal service may suspend its own utility service for nonpayment of the solid waste disposal fee (RQ-0837-GA).

Submitted by C. R. (Kit) Bramblett

Hudspeth County Attorney

            Summary, Opinion No. GA-770: Subsection 364.034(d)(2), Health and Safety Code, authorizes a utility company contracting with a county to collect the fees for the county's solid waste disposal service to suspend its own utility service for nonpayment of the county's solid waste disposal fee.

 

Juveniles as Sex Offenders

            Re: Authority of the Texas Youth Commission to require certain juveniles to register as sex offenders (RQ-0760-GA).

Submitted by Joe Shannon Jr.

Tarrant County Criminal District Attorney

            Summary, Opinion No. GA-772: Pursuant to Code of Criminal Procedure article 62.352, a juvenile court may defer a decision on sex offender registration of certain juveniles pending treatment while in a Texas Youth Commission facility. Following successful completion of treatment, a juvenile is exempted from registration unless a hearing is held on motion of the State. Code of Criminal Procedure article 62.053 requires the Texas Youth Commission to register juveniles as sex offenders seven days before their release if they are subject to registration. A juvenile who has not successfully completed treatment is subject to registration absent a court order exempting him from registration or deferring a decision on the respondent's registration beyond the respondent's release date. Because volume 37, section 87.85(g)(3) of the Texas Administrative Code has valid applications, we conclude that a court would likely hold that section 87.85(g)(3) is not facially inconsistent with article 62.352.

         

Defendant’s Cash Bail Bond

            Re: Whether a district clerk may accept assignment of a defendant's cash bail bond refund as payment of the defendant's fines and costs (RQ-0819-GA).

Submitted by Vince Ryan

Harris County Attorney

            Summary, Opinion No. GA-773: Under article 17.02 of the Code of Criminal Procedure, a district clerk may not accept an assignment of a defendant's cash bail bond refund in payment of the defendant's fines and costs instead of refunding the deposited funds to the defendant.

 

County Budget/Salary Reduction

            Re: Whether a commissioners court may amend the county budget to reduce salaries for the county clerk's office because the clerk closed her office temporarily for a weather-related emergency (RQ-0834-GA).

Submitted by Joseph D. Brown

Grayson County Criminal District Attorney

            Summary, Opinion No. GA-778: Based on the information provided to us, we believe that a court would likely conclude that the Grayson County Commissioners Court may not transfer funds to reduce the salary line item to deprive the clerk's employees of payment for the time period that the clerk dismissed them due to a thunderstorm and power outage in the county courthouse, because such a reduction would intrude upon the elected county clerk's sphere of authority.

Filed Under: Attorney General's Opinions

Primary Sidebar

Search County Progress

May 2025

May 2025

County Progress May 2025 Issue

If you'd like to view our previous issues, click here.

Commissioners Court Meeting Decorum

Sample Rules of Procedure, Conduct, and Decorum at Meetings of the County Commissioners Court

Resolutions

Unfunded Mandate Resolution

The latest resolutions passed by the County Judges and Commissioners Association of Texas and the three Regional Associations are available at the links below.

County Judges and Commissioners Association of Texas Resolutions 2024

North & East Texas Resolutions 2024 

South Texas Resolutions 2024

West Texas Resolutions 2025

 

Subscribe to County Progress

Subscribe: Newsletter | Magazine | Directory

Connect with us online.

Facebook spacer Twitter spacer LinkedIn spacer Instagram

Footer

Search County Progress

Privacy Policy

Cookie Policy

County Progress

3457 Curry Lane
Abilene, TX 79606
325.673.4822
countyprogress@zacpubs.com

Categories

© 2025 · Zachry Publications

Cart
  • Your cart is empty! Return to shop
Checkout - $0.00
  • 0
  • 1