Recent Texas Attorney General Opinions of Interest to Cities

Note: Included opinions are from February 11, 2015 through March 10, 2015.

Opinion No. KP-0009 (Early Voting): To be eligible to vote early by mail based on a disability, a qualified voter must satisfy the standard established under Section 82.002 of the Election Code. A disability determination under a different standard or definition of “disability,” standing alone, is not necessarily determinative of a person’s qualification for early mail-in voting under Section 82.002.

Opinion No. KP-0006 (Housing Authority): Section 392.031 of the Local Government Code prohibits a mayor or city council from appointing one of its members as an ex officio commissioner of a municipal housing authority. A representative of a city may attend an executive session of the board of commissioners of a municipal housing authority only if the board consents and the board has determined that the representative’s participation is necessary to the matter to be discussed and the representative’s attendance is not contrary to the legal basis of the executive session.