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Political Subdivisions

Summaries

KP-0105
Ken Paxton

Members of the Beaumont Planning and Zoning Commission and the Beaumont Historical Landmark Commission are local public officials subject to Local Government Code chapter 171|A Property interest within the municipality's historic district owned by members of two commissions and valued over $2,500 or more is a substantial property interest for which the members must file an affidavit stating the nature and extent of the interest|Whether local public officials under chapter 171, Local Government Code must abstain from voting on matters involving their property interest is a fact question outside the purview of an attorney general opinion|A city employee providing staff support for two municipal commissions is not a local public official subject to Local Government Code chapter 171

KP-0228
Ken Paxton

Overlapping boundaries of taxing entities in Jim Hogg County - person may not simultaneously serve on both entities|Jim Hogg County Judge may not simultaneously serve as Jim Hogg County Independent School District trustee|Person may not serve as Jim Hogg County Judge while simultaneously serving as Jim Hogg County Independent School District trustee|Jim Hogg County Independent School District trustee may not simultaneously serve as Jim Hogg County Judge

GA-0031
Greg Abbott

School district employee who is also city council member may participate in city council actions affecting school district|School district is not a business entity within Local Government Code chapter 171|Business entity

GA-0068
Greg Abbott

Conflicts of interest of city council members, home-rule city may regulate consistent with Local Government Code chapter 171|Political speech of elected city council members, home-rule city may restrict only for a compelling governmental interest|Conflicts of interest, home-rule city may adopt ordinance regulating that is not inconsistent with Local Government Code chapter 171|Conflicts of interest of city council members, home-rule city may regulate consistently with Local Government Code chapter 171

GA-0090
Greg Abbott

County real property, whether county commissioner may lease; relationship between chapter 171 of the Local Government Code and commissioner oath of office|Lease county real property, whether county commissioner may|Conflicts of Interest, whether county commissioner may lease county real property; relationship between chapter 171 of the Local Government Code and commissioner oath of office|Oath of office, whether county commissioner may lease county real property; relationship between chapter 171 of the Local Government Code and commissioner oath

GA-0127
Greg Abbott

School trustee, office of, not incompatible with serving as umpire at district baseball games|School trustee must, under certain circumstances, disclose interest in contract with school district regarding his serving as umpire at district baseball games|Umpire at district baseball games, trustee not barred by incompatibility from serving as, but may, under certain circumstances, have to disclose interest in contract with district

GA-0136
Greg Abbott

County judge who owns a substantial interest in the business entity, business entity may sell fuel and oil products to the county only if has filed requisite affidavit and abstains from participation in the matter|Conflict of interest statute, business entity in which county judge owns a substantial interest may sell fuel and oil products to the county only if the county judge complies with

GA-0195
Greg Abbott

Director of Mountain Peak Special Utility District need not disclose his interest in or abstain from voting on matters involving City of Midlothian, of which he serves as an employee|Municipal employee of City of Midlothian not barred by common-law incompatibility from serving as director of Mountain Peak Special Utility District|Municipal employee of City of Midlothian not barred by article XVI, section 40 of the Texas Constitution from serving as director of Mountain Peak Special Utility District|Neither article XVI, section 40, Texas Constitution nor doctrine of common-law incompatibility bars municipal employee from serving as director of Mountain Peak Special Utility District

GA-0334
Greg Abbott

Further participation in a matter, whether prohibition on bars interested public officer from attending executive session relating to matter|Participation|Adverse Party|Criminal provisions, notice of prohibited conduct in and applicable rules of construction|Litigation|"Litigation" within Open Meetings Act includes contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District|Contested permit hearing before the Board of Directors of the Clearwater Underground Water Conservation District is "litigation" within Open Meetings Act

GA-0337
Greg Abbott

Bandera County River Authority and Groundwater District board of directors' interests in certain businesses, whether Local Government Code chapter 171 requires disclosure of and whether Water Code section 49.052 may disqualify them from serving

GA-0360
Greg Abbott

Emergency services district (ESD) is not a business entity within Local Government Code chapter 171|County auditor's statutorily required oath that he will not be personally interested in a contract with the county was not violated by auditor's employment by Emergency Services District that had interlocal contract with the county|County auditor not barred by common-law doctrine of incompatibility from being employed by emergency services district|County auditor not barred by Texas Constitution article XVI, section 40 from being employed by emergency services district

GA-0375
Greg Abbott

Appraisal district board, assessor-collector is ineligible to serve as a nonvoting member if he or she marries an appraisal district employee who is engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code|Appraisal district employee who is engaged in the business of appraising property for compensation for use in Property Tax Code proceedings is not barred from employment in the appraisal district upon his or her marriage to the local county tax assessor-collector, who is a nonvoting member of the appraisal district board|Business

GA-0446
Greg Abbott

Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply to|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176 of the Local Government Code|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of the Local Government code, local governmental entity has no affirmative duty to|Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code is|Business relationship requiring disclosure under chapter 176 of Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of Local Government Code apply to|Absent business relationship or affiliation, person subject to chapter 176 of Local Government Code must file conflict of interest questionnaire even though|Family member of local government officer, person subject to chapter 176 of Local Government Code must comply with its disclosure requirements even if a|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176, Local Government Code|Mere adoption of list of various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "describe" the required relationships and affiliations and therefore does not comply with chapter 176 |Providing incomplete list of the various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "identify and describe" all of the required relationships and affiliations and therefore does not comply with chapter 176|Chapter 176 of Local Government Code, contract with local governmental entity is not void because person failed to comply with disclosure requirements of|Existing contracts with local governmental entity, chapter 176 of Local Government Code does not include|Goods and services at reduced prices, chapter 176 of Local Government Code includes contracts offering|Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty to|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of Local Government Code, local governmental entity has not affirmative duty to |Disclosure requirements of chapter 176 of Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of Local Government Code is|Contracts or seeks to contract|Business relationship|Affiliation|Or

GA-0510
Greg Abbott

Constable’s ownership of wrecker service is not prohibited by chapter 171 of the Local Government Code\r\n

GA-0600
Greg Abbott

Tax abatement agreements, authority of commissioners court to grant when the subjects of the agreement are fixtures and improvements owned by a wind turbine company and are to be located on the property of a member of the commissioners court

GA-0671
Greg Abbott

Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of office

GA-0719
Greg Abbott

Acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety of|Attorney acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety of

GA-0826
Greg Abbott

Municipality generally is not a \\"business entity\\" for purposes of the conflict of interest provisions of chapter 171 of the Texas Local Government Code|Firefighter who is an employee and not an officer of a municipality may simultaneously serve as a member of a different municipality’s city council, article XVI, section 40 does not preclude. nor the common-law incompatibility doctrine preclude a firefighter who is an employee and not an officer of a municipality from simultaneously serving as member of a different municipality’s city council|Firefighter who is an employee and not an officer of a municipality may simultaneously serve as a member of a different municipality’s city council, common-law incompatibility doctrine does not preclude|Conflicts of interest, dual office holding, and common-law incompatibility doctrine, firefighter simultaneously holding office of city council member

GA-1083
Greg Abbott

Concurrent service of juvenile probation officer and school district trustee

DM-0011
Dan Morales

Setting salaries of county court-at-law judges and salary supplements for district court judges, commissioners court does not have "constitutional conflict of interest" in

DM-0130
Dan Morales

Zoning matter affecting territory in which member's residence is located, circumstances under which city council member of home rule city might choose to abstain from voting on|Zoning matter affecting territory in which member's residence is located, circumstances under which city council member might choose to abstain from voting on

DM-0194
Dan Morales

Nonprofit, no-share corporation, whether municipality may sponsor|City commissioner may serve as director of nonprofit, no-share corporation provided he or she receives no compensation or other remuneration|Nonprofit, no-share corporation, city commissioner may serve as director provided he or she receives no compensation or other remuneration

DM-0240
Dan Morales

School district board, prohibition on entering into contracts in which trustee or spouse has a "significant interest"|Significant interest|Contracts, prohibition on those in which trustee or spouse has a "significant interest"

DM-0259
Dan Morales

Interest|Property tax consulting services in taxpayer protest, member of appraisal review board who has performed services must disclose nature and extent of interest if member has substantial interest in business entity or real property involved in the matter|Determination of taxpayer protest before appraisal review board, member of board may not appear before the board either in capacity as court-appointed receiver or registered property tax consultant in

DM-0267
Dan Morales

State conservation district director and employee of conservation and reclamation district, prohibition inapplicable to|City not a "business entity"|Overlapping state conservation district and city, spouses holding elected offices in|Business entity

DM-0279
Dan Morales

Oath of office prohibition on contracts with the county repealed to the extent it conflicts with statute governing local public officials' conflicts of interest|County commissioner and judge oath of office prohibition on contracts with the county repealed to the extent it conflicts with statute governing local public officials' conflicts of interest

DM-0303
Dan Morales

County auditor, constitution does not prohibit serving as executive director of private, nonprofit housing corporation|County auditor, doctrine of incompatibility does not preclude serving as executive director of private, nonprofit housing corporation|Executive director of private, nonprofit housing corporation, county auditor also may serve as|Oath of office statute, conflict of interest statute prevails over to extent of conflict|County auditor also may serve as executive director of private, nonprofit housing corporation if complies with conflict of interest laws

DM-0309
Dan Morales

City planning and zoning commission members, subject to conflict of interest statute|City planning and zoning commission members are local public officials within conflict of interest statute

JC-0018
John Cornyn

Municipal housing authority, employee may not lease or purchase home included in housing project administered by related nonprofit housing corporation|Employee of municipal housing authority may not lease or purchase home included in housing project administered by related nonprofit housing corporation

JC-0061
John Cornyn

Oath of office, chapter 171 of the Local Government Code does not repeal with respect to employment relationship between commissioner and county|Ambulance driver for county emergency medical services department, whether commissioner may receive county funds for serving as\r\n\r\n|County commissioner oath of office, chapter 171 of the Local Government Code does not repeal with respect to employment relationship between commissioner and county|County ambulance driver, whether county commissioner may serve as

JC-0063
John Cornyn

Substantial interest in business entity through receipt of income is based on person's receipt of income during twelve-month period prior to the time that the governmental body takes up matter affecting business entity\r\n|Substantial interest of public official's minor child or dependent child in business entity, computation of|Previous year

JC-0100
John Cornyn

Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize purchase by precinct employees; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporati|Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize precinct employees to; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in whi|Road commissioner, county commissioner in his or her capacity as ex officio may not purchase, authorize purchase of, or participate in decision to purchase auto parts from corporation in which he or she owns a substantial interest|Road commissioner may not purchase or authorize purchase, nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in which commissioner has substantial interest

JC-0121
John Cornyn

Oath of office applies to contract of county judge's relative only if county judge has interest in the county|Bail bond, oath of office prohibits county judge from signing as a surety in the county; chapter 171 of Local Government Code does not apply and therefore does not provide mechanism to avoid conflict of interest|County judge is prohibited by oath of office from acting as surety on bail bond in the county|Oath of office prohibits county judge from signing as a surety on a bail bond in the county; chapter 171 of Local Government Code does not apply and therefore does not provide mechanism to avoid conflict of interest

JC-0155
John Cornyn

Tax Abatement Act does not make the owner of tax-abated property ineligible for election to city council; rather, it removes property owned by city council member from eligibility for new tax abatement agreement (Clarified by Tex. Att'y Gen. Op. No. JC-02|Tax abatement, property not eligible for if owned or leased by member of the governing body of the municipality that grants abatements (Clarified by Tex. Att'y Gen. Op. No. JC-0236 (2000))|Abatement, property not eligible for if owned or leased by a member of the governing body of the municipality that grants abatements (Clarified by Tex. Att'y Gen. Op. No. JC-0236 (2000))

JC-0294
John Cornyn

Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Attorney fees to defend against prosecution for violating Open Meetings Act, reimbursement of public officers' from public funds (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member may not be reimbursed for attorney's fees to defend criminal prosecution for violating Open Meetings Act if he or she is convicted (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Revenues from city water system, placement in general fund (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|City council member is disqualified from voting on a resolution approving city's payment of costs of defending council member in criminal prosecution arising out of performance of public duties (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. Att'y Gen. Op. No. DM-488 (1998) modified)

JC-0407
John Cornyn

Incompatibility of offices, members of board of health maintenance organization ("HMO") established by hospital district are not public officers|Matters involving the interests of both the hospital district and HMO created by district, HMO board members who are members of the board of managers of hospital district must also faithfully carry out their duty to HMO when participating in|Health maintenance organization established by hospital district, HMO board not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcomm|Conflicts of interest, members of hospital district board of managers who serve on board of health maintenance organization created by hospital district must comply with chapter 171 of Local Government Code whenever participating in hospital district vote|Board of health maintenance organization established by hospital district not a governmental body subject to the Act, but its meetings may be subject to the Act if hospital district board of managers members serving on the HMO board constitute a subcommit|Vote or decision involving HMO, hospital district board of managers who serve on board of health maintenance organization created by the district must comply with chapter 171 of Local Government Code whenever participating in|Members of board of a health maintenance organization ("HMO") established by hospital district are not public officers

JC-0521
John Cornyn

Professional Services Procurement Act authorizes a county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|County contracts, County Purchasing Act and Professional Services Procurement Act authorize county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act authorizes county to require|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act and Professional Services Procurement Act authorize county to require

JC-0547
John Cornyn

Executive director of corporation, mayor of city that creates industrial development corporation is not prohibited from serving as, but he may in certain instances be obliged to disclose his relationship when city council considers matters involving the c

JC-0585
John Cornyn

Water district board member subject to section 49.058 of the Water Code must comply with statutory conflict-of-interest provisions if her son is employed by company that operates district's water and wastewater system|Disqualified, member of water district board is not disqualified if member's son is employed by corporate entity that contracts with district|Water district board member subject to section 49.052 of the Water Code is not disqualified if member's son is employed by corporate entity that contracts with district|Person

JM-1187
Jim Mattox

Realtor for seller of property to appraisal district, it is a question of fact as to whether member of district board violates either Local Government Code or Tax Code conflict of interests provisions by acting as