ATTORNEY GENERAL

Requests for Opinions

RQ-0293-KP

Requestor:

The Honorable Angie Chen Button

Chair, Committee on Urban Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Procedures under section 2306.6715 of the Government Code to appeal a decision by the Texas Department of Housing Community Affairs (RQ‑0293‑KP)

Briefs requested by July 26, 2019

RQ-0294-KP

Requestor:

The Honorable Angie Chen Button

Chair, Committee on Urban Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Construction of statutes related to procedures for addressing dangerous dogs under chapter 822 of the Health and Safety Code (RQ‑0294‑KP)

Briefs requested by August 9, 2019

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

TRD-201902184

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: July 11, 2019


Opinions

Opinion No. KP-0260

Ms. Katherine A. Thomas, MN, RN, FAAN

Executive Director

Texas Board of Nursing

333 Guadalupe Street, Suite 3-460

Austin, Texas 78701

Re: Applicability of nondisclosure orders on the licensing operations of the Texas Board of Nursing, and reconsideration of GA-0919 due to amendments to chapter 411 of the Government Code (RQ-0263-KP)

S U M M A R Y

Under subsection 301.1615(b) of the Occupations Code, the Texas Board of Nursing may not disclose the criminal history record information of its license applicants or holders to any person except to another nursing board or by court order.

When the Department of Public Safety provides the Board with a nondisclosure order or the order's contents, subsection 411.075(d) of the Government Code requires the Board to seal criminal history record information it maintains that is subject to the nondisclosure order. The Board has a duty to seal and maintain such information as confidential even when the Board learns of a nondisclosure order after issuing a final disciplinary action.

Opinion No. KP-0261

The Honorable Garnet Coleman

Chair, Committee on County Affairs

Texas House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Whether durational or amount limitations exist for loans and grants issued for economic development programs pursuant to subsection 381.004(h) of the Local Government Code (RQ-0266-KP)

S U M M A R Y

With respect to specified programs authorized by section 381.004 of the Local Government Code for stimulating business and commercial activity in a county, the limitations on tax abatement agreements stated in subsection 381.004(g) do not apply to loans and grants made pursuant to subsection 381.004(h).

Loan and grants authorized by subsection 381.004(h) must comply with sections 52(a) and 52-a of article III of the Texas Constitution. Section 7 of article XI of the Texas Constitution may also impact how such loans and grants are structured, depending on the circumstances.

Subject to these constitutional limitations, subsection 381.004(h) leaves the duration and amount of economic development loans and grants to the commissioners court's budgetary discretion in the first instance.

Opinion No. KP-0262

Ms. Michelle Darilek

Jackson County Auditor

411 North Wells, Room 201

Edna, Texas 77957

Re: Whether the Jackson County Navigation District may require an easement for new and existing aerial utility lines which cross over its boundaries (RQ-0268-KP)

S U M M A R Y

Assuming that the patent by which the Jackson County Navigation District purchased submerged land from the State does not provide otherwise, the District may require an easement for new and existing aerial utility lines which cross over its boundaries, provided that doing so is consistent with the navigation district's constitutional and statutory purposes.

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

TRD-201902259

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: July 16, 2019