Fines, Fees and Expiration of Supervision
Re: Whether the state may continue to collect fines and court costs where no motion to adjudicate has been filed and the term of deferred adjudication has expired (RQ-0376-GA).
Submitted by Eddie Arredondo
Burnet County Attorney
Summary, Opinion No. GA-396: Article 42.12, section 5(h) of the Code of Criminal Procedure authorizes a criminal court to exercise continuing jurisdiction over a defendant after the expiration of the community supervision period only in limited circumstances. Where no motion to adjudicate has been filed prior to the expiration of the community supervision period, article 42.12 does not authorize the state to pursue a defendant for past due fines and court costs with a capias pro fine.
Former and Retired Judges’ Eligibility
Re: Eligibility of former and retired judges to sit by assignment (RQ-0377-GA).
Submitted by Carl Reynolds
Administrative Director
Office of Court Administration, Austin
Summary, Opinion No. GA-398: Government Code section 74.055(c) sets out eligibility requirements applicable to former and retired judges who wish to sit by assignment as a judge. Amendments to section 74.055 that became effective on June 18, 2003, increased the required length of service needed to qualify and adopted stricter requirements as to disciplinary actions. The amending legislation excepted from the changes to section 74.055 those persons who qualified to serve by assignment under its requirements immediately before the changes became effective. The exception applies both to persons who at the relevant time were on the list to serve by assignment and those who were not on the list but qualified to be placed on it. The exception does not apply to a person who was an active judge when the changes to section 74.055 became effective.
Copying of Real Property Plats
Re: Whether an individual or company may set up a plat copying machine in a county clerk’s office or in another area of the county courthouse (RQ-0379-GA).
Submitted by David Aken
San Patricio County Attorney
Summary, Opinion No. GA-400: A county clerk who wishes to regulate the copying of real property plats should first promulgate reasonable rules that address such matters as available space, safety and disruption. Whether any particular rule is valid is a question of fact to be determined by a court. Moreover, this result is limited to the office of the San Patricio County Clerk.
Constable’s Simultaneous Service
Re: Whether an elected constable is prohibited from simultaneously serving as a full-time deputy sheriff (RQ 0383-GA).
Submitted by Richard E. Glaser
County and District Attorney, Fannin County
Summary, Opinion No. GA-402: An elected constable is not prohibited by article XVI, section 40 of the Texas Constitution or the common-law doctrine of incompatibility from simultaneously serving as a deputy sheriff.
Clerk’s Document Seal
Re: Whether the seal placed on certified copies of documents recorded in the county clerk’s office must be raised (RQ-0384-GA).
Submitted by Carl Reynolds
Administrative Director
Office of Court Administration, Austin
Summary, Opinion No. GA-404: Texas statutes do not mandate that the seal placed on every page of a document as part of the clerk’s certificate be raised. As an elected officer, the county clerk has discretion to determine whether the seal placed on every page of the document must be raised. A document that bears a clerk’s certificate is a certified document.
County Permanent School Fund
Re: Whether article VII, section 6b of the Texas Constitution permits a commissioners court to distribute county permanent school fund reductions to a school district based on students attending school in the district who have transferred from another school district in the county (RQ-0386-GA).
Submitted by Steven B. Payson
Dawson County Attorney
Summary, Opinion No. GA-405: Article VII, section 6b of the Texas Constitution authorizes a commissioners court to reduce the county permanent school fund and to