On August 10, 2015, the Texas Attorney General issued the two Opinions listed below.
- KP-0031 (2015) on "Duty of a county to provide legal representation for a former county employee under subsections 157.901(a) and (b) of the Local Government Code and
- KP-0032 (2015) on “Whether an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located.”
The Summary statements to the opinions are excerpted below.
The summary to Opinion KP-0031 (2015), on "Duty of a county to provide legal representation for a former county employee under subsections 157.901(a) and (b) of the Local Government Code", states:
“Summary: Section 157.901 of the Local Government Code does not require a commissioners court to employ private counsel to provide legal representation for a county official or employee unless the official or employee has been sued for an 'action arising from the performance of public duty,' and the commissioners court determines in good faith that such representation serves a legitimate interest of the county, not merely the private interests of the individual.”
To read the Opinion KP-0031, click on the link below.
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2015/kp0031.pdf
The summary to Opinion KP-0032 (2015), on " Whether an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located, states:
“Summary: Neither the Texas Constitution nor the common-law doctrine of incompatibility prohibits an independent school district police chief from simultaneously serving as a constable in the precinct in which the school district is located.”
To read the Opinion KP-0032, click on the link below.
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2015/kp0032.pdf