Adjudication of Truancy Cases
Re: Whether a justice of the peace may adjudicate truancy cases where an interlocal agreement between the county and the school district provides that a school attendance officer will serve as juvenile court coordinator (RQ-0994-GA).
Submitted by Richard Peña Raymond
Chair, Committee on Human Services
Texas House of Representatives
Summary, Opinion No. GA-912: No statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts. Questions about the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct.
Meaning of ‘Gambling Device’
Re: Whether an eight-liner machine that dispenses tickets for prizes redeemable only at the bingo hall in which the machine is located is a “gambling device” within the meaning of section 47.01(4) of the Penal Code (RQ-0995-GA).
Submitted by Lisa Pence
Erath County Attorney
Summary, Opinion No. GA-913: Because the eight-liner machines described in your request issue tickets redeemable for items that do not constitute noncash merchandise prizes, toys, or novelties, the machines do not meet the standard for the illegal gambling device exception provided in subsection 47.01(4)(B), Penal Code. Accordingly, the eight-liner machines are illegal gambling devices under the Penal Code. If an eight-liner machine is designed, made or adapted as anything other than a pure amusement device, the machine cannot meet the requirement of subsection 47.01(4)(B) and is therefore illegal.
Copying of Public Records
Re: Whether a county clerk must allow the public to copy records with a sheet-feed scanner (RQ-0916-GA).
Submitted by Lucinda A. Vickers
Atascosa County Attorney
Summary, Opinion No. GA-915: Under Texas law, the public has a right to access and copy records maintained by county clerks. Texas courts have held that this right is subject to a county clerk’s reasonable rules and regulations. A county clerk’s rules regarding the public’s access to and copying of records would be valid if the rules did not go beyond the statutes providing for access to and copying of records.
Disbursement and Endorsement Responsibilities
Re: Whether a county treasurer, county auditor, or a county human resources officer is responsible for the performance of various duties involving disbursement and endorsement (RQ-0998-GA).
Submitted by Jeanna Willhelm
Winkler County Auditor
Summary, Opinion No. GA-916: By enactment of Local Government Code sections 113.041 and 113.042, the Legislature has designated the county treasurer as the official to perform the disbursement of county funds and to endorse payments to county payees, and the commissioners court may not reassign those duties elsewhere. Pursuant to Local Government Code subsection 113.008(d), the county treasurer must reconcile all balances and transactions for each treasury account. No exception is made for those accounts where the county treasurer has signed the signature card. Nothing in Senate Bill 373 or Code of Criminal Procedure article 103.004 requires that the county treasurer issue a receipt for funds deposited by other county officers on the same day they are taken to the bank.