Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from March 11, 2014 through April 11, 2014.

Opinion No. GA-1048 (Arson Investigations):  Neither Article 38.01 of the Code of Criminal Procedure nor Attorney General Opinion GA-0866 limit any investigative authority that may be vested in the Science Advisory Workgroup or the State Fire Marshal’s Office. Neither Chapter 417 of the Government Code nor Opinion GA-0866 prohibits the State Fire Marshal’s Office from investigating and making findings on closed arson cases.

Opinion No. GA-1050 (Economic Development Corporations):  A court could conclude that funding for a private radio station’s building renovations and equipment upgrades is not of the same kind or class of project as those projects expressly authorized in Section 505.152 of the Local Government Code and that Section 505.152 therefore does not authorize an economic development corporation to fund that proposed project. The Legislature granted the board of directors of an economic development corporation broad discretion in determining whether a specific project is “required or suitable for use for … entertainment,” and it is for the board to decide in the first instance. A court would likely conclude that funding for a city-owned pavilion is of the same kind or class of project as those projects expressly authorized in Section 505.152.