Recent Texas Attorney General Opinions

Note: Included opinions are from April 14, 2021 through May 10, 2021.

KP-0370 (Building Regulations): Chapter 3000 of the Government Code governs building regulations a governmental entity may adopt with respect to building products, materials, and methods. Subsection 3000.002(a)(1) prohibits a governmental entity from adopting an ordinance or other regulation that directly or indirectly prohibits or limits the use of products or materials approved for use by certain national model codes.

Subsection 3000.002(a)(2) prohibits a governmental entity from establishing standards for building products, materials, or aesthetic methods that exceed the standards in such model codes. Determining whether an ordinance adopting color palette and pattern requirements prohibits or limits, directly or indirectly, a model code approval, or is more stringent than model code standards for building product, material, or aesthetic methods, will likely require investigation into and resolution of fact questions, which is beyond the purview of the opinion process.

Subsections 3000.002(a)(1) and (2) of the Government Code do not apply to the Legislature.

KP-0369 (Incompatibility): A court would likely conclude that neither the dual office holding prohibition of article XVI, section 40 of the Texas Constitution nor the common-law doctrine of incompatibility would prohibit the Burleson County Sheriff from simultaneously serving as the fire marshal for the City of Caldwell.

KP-0368 (Plats): Subsection 203.003(a) of the Property Code authorizes a county attorney to sue to enjoin or abate violations of a restriction contained in a properly recorded plat affecting a real property subdivision located in the county. The authority granted exists independent from and regardless of whether a complaint was filed with the county attorney to initiate the lawsuit.