RQ-0005-AC
Requestor:
Ms. Jacky Cockerham
Aransas County Auditor
2840 Highway 35 North
Rockport, Texas 78382
Re: Authority of a deputy sheriff under Transportation Code section 621.402 to operate a fixed motor vehicle weigh station for all commercial vehicles (RQ-0005-AC)
Briefs requested by September 20, 2023
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202303103
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: August 22, 2023
Opinion No. AC-0003
The Honorable Landon Ramsay
Franklin County Attorney
200 North Kaufman
Mt. Vernon, Texas 75457
Re: Authority of a county commissioners court to adopt and enforce a moratorium regarding commercial solar projects (RQ-0500-KP)
S U M M A R Y
Specified provisions of the Transportation Code give a commissioners court authority over certain aspects of county roads. To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to such authority but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable.
Health and Safety Code section 121.003 authorizes the commissioners court of a county to enforce laws reasonably necessary to protect the public health. To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202303104
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: August 22, 2023