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.