Recent Texas Attorney General Opinions of Interest to Cities

Note:  Included opinions are from August 14, 2018 through September 10, 2018.

KP-0212 (Election Judges): Section 46.03 of the Penal Code, which creates an offense for carrying firearms at multiple locations including a polling place, does not apply to presiding election judges licensed under Chapter 411 of the Government Code when performing their duties under Section 32.075(a) of the Election Code.

Subsections 46.035(a-l), (a-2), and (a-3) of the Penal Code prohibit a presiding election judge from openly carrying a handgun on any institution of higher education campus and from carrying a concealed handgun in a location on campus where the institution prohibits carrying a handgun by rule.

Sections 30.06 and 30.07 of the Penal Code could prohibit a presiding election judge from carrying a handgun to a polling location on private property if proper notice was given under those sections.