Bail Bond Limit
Re: Whether a bail bond board may consider an individual bail bond surety’s former license in determining the applicable bail bond limit under section 1704.203(f) of the Occupations Code (RQ-0315-GA).
Submitted by James M. Kuboviak
Brazos County Attorney
Summary, Opinion No. GA-344: A bail bond board may not consider an individual bail bond surety’s former license or a license issued by a bail bond board in another county in determining the applicable bail bond limit under section 1704.203(f) of the Occupations Code. The number of years a person held a former license may not be used to determine when the person’s current license expires under section 1704.162.
County Road System
Re: Authority of a county to accept a private road into its county road system under either Local Government Code section 81.032 or Transportation Code section 252.214 (RQ-0316-GA).
Submitted by William E. Parham
Waller County Criminal District Attorney
Summary, Opinion No. GA-345: The Waller County Commissioners Court must follow the procedures outlined in Transportation Code chapter 253 or 281 to bring a private road located in Waller County into its county road system before it can accept donations for maintaining that road under Local Government Code section 81.032 or Transportation Code section 252.214.
Simultaneous Service
Re: Whether a county commissioner may simultaneously hold the position of municipal judge of a city located within his county (RQ-0317-GA).
Submitted by Richard J. Miller
Bell County Attorney
Summary, Opinion No. GA-348: Neither Article XVI, section 40, nor Article II, section 1 of the Texas Constitution prohibits a county commissioner from simultaneously serving as a municipal judge for a municipality within the county. Similarly, the common-law doctrine of incompatibility does not bar the contemplated dual service. While Canons 5(3) and 4H of the State Code of Judicial Conduct do not prevent a municipal judge from holding the office of county commissioner, other canons might, and the question as to whether other canons preclude such service is a matter for the State Commission on Judicial Conduct.
Constable’s Jurisdiction
Re: Whether a constable has countywide jurisdiction to investigate a criminal offense not committed within the constable’s view (RQ-0318-GA).
Submitted by Joe R. Smith
Tyler County Criminal District Attorney
Summary, Opinion No. GA-349: Pursuant to a constable’s countywide jurisdiction as a peace officer, a constable generally has authority to investigate a criminal offense that was not committed within the constable’s view.
Assistant County Attorney
Re: Whether the county attorneys of Jeff Davis and Presidio counties may, by “reciprocal arrangement,” appoint each other assistant county attorneys of their own counties (RQ-0319-GA).
Submitted by Bart E. Medley
Jeff Davis County Attorney
Summary, Opinion No. GA-350: The Jeff Davis and Presidio County commissioners courts each must approve creating an assistant county attorney position in its county, even if the assistant will not receive a salary. The commissioners court also must approve reimbursing travel expenses for that position. If the appropriate county commissioners court approves creating the position, the Jeff Davis county attorney may appoint the Presidio county attorney as the Jeff Davis assistant county attorney, and vice versa. Neither article XVI, section 40 of the Texas Constitution nor the common-law doctrine of incompatibility precludes the two county attorneys from serving as each other’s assistant.
