Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from September 11, 2016 through October 10, 2016. 

Opinion No. KP-0115 (Judicial Deference to State Agency Interpretation):  Texas state courts consider deferring to an agency’s interpretation of a statute only when the agency adopts the construction as a formal rule or opinion after formal proceedings. Even when the agency has formally adopted a construction, a state court will defer to that construction only upon finding that ambiguity exists in the statute at issue and that the agency’s construction is reasonable and consistent with the statute’s plain language.

Opinion No. KP-0114 (Dual Office Holding):  A court would likely conclude that a member of a board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo’s planning and zoning commission.