ATTORNEY GENERAL

Requests for Opinions

RQ-0316-KP

Requestor:

The Honorable Lyle Larson

Chair, House Natural Resources Committee

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether state or federal law preempts application of municipal development ordinances to a Water Control and Improvement District's construction and maintenance of dams (RQ-0316-KP)

Briefs requested by January 6, 2020

RQ-0317-KP

Requestor:

The Honorable Clint T. Griffin

Schleicher County Attorney

Post Office Box 506

Eldorado, Texas 76936

Re: Authority of county sheriff to donate forfeiture funds under Code of Criminal Procedure article 59.06 to an entity providing mental health services, drug counselling services, and services for the victims of domestic abuse (RQ‑0317‑KP)

Briefs requested by January 6, 2020

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-201904688

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: December 10, 2019


Opinions

Opinion No. KP-0278

The Honorable Poncho Nevárez

Chair, Committee on Homeland Security and Public Safety

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: County authority and responsibility for stray livestock (RQ‑0291‑KP)

S U M M A R Y

A county sheriff has the authority and responsibility to enforce the estray laws of chapter 142 of the Agriculture Code whether the county has adopted a local-option stock law or remains an open-range area.

Opinion No. KP-0279

John K. Hubbard, PhD, PT

Chairman

Anatomical Board of the State of Texas

Post Office Box 195895

Dallas, Texas 75219

Re: Authority of a commercial entity to operate a willed-body program in Texas (RQ-0292-KP)

S U M M A R Y

Chapter 692A of the Health and Safety Code defines a "tissue bank" to include an entity licensed under state law to engage in specified activities with respect to donated bodies or anatomical specimens. For purposes of chapter 692A, the Texas Legislature defined "state" broadly to include any state. Thus, to the extent Science Care is licensed as a tissue bank by another state, it is a tissue bank under chapter 692A, and it may operate in Texas as allowed by that chapter. Pursuant to chapter 692A, to the extent Science Care receives whole-body donations, it is subject to oversight by the Anatomical Board of Texas, and its use of a whole-body donation, including a transfer, must be coordinated through the Board.

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-201904689

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: December 10, 2019