Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,029
10019-10486 p. ; 28 cm.View a full description of this periodical.
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9HE /TTORNE
C tThe Texas Register publishes summaries of the following:
E N E A L Requests for Opinions, Opinions, Open Records Decisions.
An index to the full text of these documents is available from
the Attorney General's Internet site http://www.oag.state.tx.us.
Telephone: 512-936-1730. For information about pending requests for opinions, telephone 512-463-2110.
An Attorney General Opinion is a written interpretation of existing law. The Attorney General writes opinions as part of his
responsibility to act as legal counsel for the State of Texas. Opinions are written only at the request of certain state officials. The
Texas Government Code indicates to whom the Attorney General may provide a legal opinion. He may not write legal opinions
for private individuals or for any officials other than those specified by statute. (Listing of authorized requestors:
http://www.oag.state.tx.us/opinopen/opinhome.shtml.)Opinions
Opinion No. KP-0121
Ms. Jennifer D. Robison
Brown County Auditor
200 South Broadway
Brownwood, Texas 76801
The Honorable Shane Britton
Brown County Attorney
Brown County Courthouse
200 South Broadway
Brownwood, Texas 76801
Re: Authority of county attorneys regarding payments made in con-
junction with pretrial diversion agreements (RQ-0111-KP)
SUMMARY
Section 45.125 of the Government Code authorizes the Brown County
Attorney to receive gifts and grants limited to the purpose of financing
or assisting the operation of the attorney's office. A court would likely
conclude that section 45.125 does not authorize the Brown County At-
torney's office to require an accused to pay an amount to that office as
a condition of a pretrial intervention agreement in addition to or in ex-
cess of the fee authorized by article 102.0121 of the Code of Criminal
Procedure. No statute authorizes a criminal court to order a defendant
to pay a gift or grant under section 45.125 of the Government Code.
Gifts or grants received under section 45.125 of the Government Code
are limited to financing or assisting the operation of the Brown County
Attorney's office. The fee authorized by article 102.0121 of the Code
of Criminal Procedure may be used only for the expenses of a prosecut-
ing attorney's office related to a defendant's participation in a pretrial
intervention program offered in that county.The county commissioners court has ultimate authority over the dispo-
sition of funds received under section 45.125 of the Government Code.
Funds received under that statute may not be commingled with or trans-
ferred to the hot-check fund established under article 102.007 of the
Code of Criminal Procedure.
Opinion No. KP-0122
The Honorable Rebecca R. Walton
Hardin County Attorney
Courthouse, Second Floor
Post Office Box 516
Kountze, Texas 77625
Re: Simultaneous service as a municipal police chief and a constable
(RQ-0112-KP)
SUMMARY
Neither article XVI, section 40 of the Texas Constitution nor the com-
mon-law doctrine of incompatibility bars the City of Lumberton police
chief from simultaneously holding the position of constable in the same
precinct where the city is located.
For further information, please access the website at www. texasattor-
neygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-201606581
Amanda Crawford
General Counsel
Office of the Attorney General
Filed: December 14, 2016ATTORNEY GENERAL December 23, 2016 41 TexReg 10029
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/11/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.