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State of Texas
Texas Attorney General's Office
Tuesday, May 15, 2012
The Texas Attorney General's Office on Monday issued opinions on three matters regarding state law, including the authority of a commissioners court to adopt regulations under Local Government Code related to local burn bans.
"Pursuant to Local Government Code subsection 352.081(c), the Legislature has generally authorized a commissioners court to adopt a burn ban, including restrictions, limitations, or exemptions on a burn ban issued under that section," stated the Attorney General's Office in regards to the opinion concerning local burn bans. "The Legislature has prohibited a commissioners court from regulating the outdoor burning activities described in Local Government Code subsection 352.081(f)."
The opinion was requested by Clay County Attorney Seth C. Slagle.
The Attorney General's Office issued an opinion regarding the authority of a commissioners court to remove salary increases for county officials at the final budget hearing, and the effect of that removal on the grievance process.
According to the opinion, a "commissioners court that removes county officers' proposed salary increases from the budget at the final budget hearing without giving additional notice to county officers under subsection 152.013(c), Local Government Code, and without giving the elected officials a chance to seek redress from the salary grievance committee under section 152.016 acts contrary to the requirements of chapter 152".
"There is no legal authority on which to conclude that the county officers here are entitled to the proposed salary increases," stated the Attorney General's Office. "A district court's supervisory jurisdiction could be invoked to seek a judicial determination as to whether a commissioners court acted beyond its jurisdiction or clearly abused its discretion in adopting the county budget."
The opinion was requested by Lamar County and District Attorney Gary Young.
The Attorney General's Office issued an opinion regarding whether, and to what extent, depositions can be recorded solely by non-stenographic means.
According to the opinion, "construing Rule of Civil Procedure 199.1 in harmony with Government Code sections 52.021 and 52.033, a party to litigation, the attorney of the party, or a full-time employee of a party or a party's attorney may record a deposition solely by non-stenographic means without violating Government Code section 52.021(f)".
The opinion was requested by Court Reporters Certification Board Chair Judge Ben Woodward.
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