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Jim Guidry Commentaries
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State of Texas
Texas Attorney General's Office
Monday, June 04, 2012
The Texas Attorney General's Office today issued three legal opinions, including an opinion requested by Brazoria County District Attorney Jeri Yenne regarding the prosecution of a student older than 18 years of age for failing to attend school.
Yenne's request asked whether a student who is "at least 18 years of age or older and younger than 21, and who is enrolled in a district that has adopted a compulsory attendance policy under section 25.085 of the Education Code, is subject to prosecution" for failure to attend school, which is section 25.094 of the Education Code.
According to the Attorney General's Office, "Senate Bill 1489 amended section 25.094 of the Education Code by adding a necessary element to the offense described by that section. Under that amendment, a person eighteen years of age or older cannot commit an offense under section 25.094".
The Attorney General's Office issued an opinion regarding the manner in which the State Office of Administrative Hearings is authorized to bill certain agencies under the terms of section 2260.103 of the Government Code.
According to the Attorney General's Office,"if the State Office of Administrative Hearings assesses its fee for a contested case hearing to the party that does not prevail in the hearing, it should bill the non-governmental party if the state agency prevails".
"If the non-governmental party prevails, SOAH should bill the state agency if the agency is not one of those listed in Rider 7c of SOAH's 2012-13 appropriation," said the Attorney General's Office. "If the agency is, on the other hand, one of those listed in Rider 7c, SOAH should use funds from its own appropriation to offset the costs of the hearing."
The opinion was requested by Chief Administrative Law Judge Cathleen Parsley of the State Office of Administrative Hearings.
The Attorney General's Office issued an opinion regarding whether a retired federal judge may conduct a marriage ceremony in Texas.
According to the opinion, the Family Code "does not authorize a retired federal judge to conduct a marriage ceremony in Texas".
The opinion was requested by Bowie County Criminal District Attorney Jerry Rochelle.
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