Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from January 11, 2020 through February 10, 2020.

KP-0287 (Appraisal District): Tax Code Section 6.031 authorizes a change to the voting entitlement of taxing units in the appointment of an appraisal district’s board of directors. Under the transition provisions of House Bill 1010 from 2007, a court would likely conclude that House Bill 1010 invalidated any previously adopted alternative method for determining that voting entitlement.

The voting entitlement for the appointment of appraisal district directors should be determined by Tax Code Section 6.03(d), absent action taken under Tax Code Section 6.031 to change that method subsequent to House Bill 1010.

KP-0285 (Vehicle Registration): In a county that does not have an information-sharing contract with the Department of Motor Vehicles, the county assessor-collector may refuse to register a motor vehicle under Subsection 502.010(a) of the Transportation Code upon receipt of information that the owner owes the county a fine, fee, or tax that is past due, or failed to appear in certain criminal matters as specified in the statute. Subsections (c), (d), (e), (f), and the second sentence of Subsection (b-1) are not applicable to a county that does not have an information-sharing contract with the Department of Motor Vehicles.

Under Subsection 502.010(b-1), information provided to make a determination whether to refuse to register a motor vehicle under Subsection 502.010(a)(l) expires on the second anniversary of the date information was provided and applies whether or not the county has an information sharing contract with the Department of Motor Vehicles. Section 502.010 does not provide for the expiration of information about a vehicle owner’s failure to appear in the specified criminal matters.

A county’s contract with the Department of Public Safety relating to drivers license renewal under Section 706.002 of the Transportation Code does not affect its authority or duties with respect to motor vehicle registration under Section 502.010.