Note: Included opinions are from December 11, 2014 through January 10, 2015.
Opinion No. GA-1096 (Annexation): Without further guidance from the courts or the legislature, it is not possible to reliably predict whether a court would require a city to meet the 225,000 population requirement in Subsection 43.12l(a) of the Local Government Code in order to annex for limited purposes by consent under the authority granted by Section 43.129.
Opinion No. GA-1095 (Notary Public): Chapter 406 of the Government Code requires a notary public to provide a certified copy of any entry in the notary public’s record book upon the request and payment of fees by any person. A party invoking federal law to avoid compliance with Chapter 406 bears the burden to demonstrate that federal law preempts the legislature’s provision for openness. Nothing in the materials provided to this office indicates that the burden has been met in the case about which you ask. Chapter 406 and administrative rules promulgated thereunder authorize the office of the Secretary of State to determine in administrative proceedings whether a notary public has complied with the duty to provide such information, subject to the notary’s rights of hearing, adjudication, and appeal.