Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from March 11, 2016 through April 10, 2016. 

Opinion No. KP-0073 (Municipal Court):  An expunction order issued to a juvenile probation department under Article 45.0541 of the Code of Criminal Procedure would likely apply to documents in the department’s possession as a result of a referral to the juvenile court for delinquent conduct as defined by Subsection 51.03(a)(2) of the Family Code. A juvenile probation department must determine in the first instance how to comply with a court’s expunction order according to its terms and consistent with Article 45.0541.

Opinion No. KP-0072 (Local Option Homestead Exemption):  Subsection I 1.13(n-1) of the Tax Code prohibits a school district, city, or county from repealing or reducing the local option homestead exemption from the amount that was adopted for the 2014 tax year through the 2019 tax year.

Opinion No. KP-0071 (Municipal/Truancy Courts): A court is unlikely to conclude that Senate Bill 1876 from the Eighty-fourth Legislature, relating to the appointment of attorneys ad litem, guardians ad litem, mediators, and guardians, is unconstitutional under Article II, Section 1 of the Texas Constitution or is unconstitutionally vague.

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