ATTORNEY GENERAL

Requests for Opinions

RQ-0583-KP

Requestor:

Ms. Shandra Carter

Executive Director

Texas Juvenile Justice Department

Post Office Box 12757

Austin, Texas 78701

Re: Office of Independent Ombudsman authority to interview youth and inspect facilities under Chapter 261 of the Human Resources Code (RQ-0583-KP)

Briefs requested by March 28, 2025

RQ-0584-KP

Requestor:

The Honorable Joe Gonzales

Bexar County Criminal District Attorney

101 West Nueva

San Antonio, Texas 78205

Re: Legality of an automated traffic-enforcement system for speeding citations

(RQ-0584-KP)

Briefs requested by March 31, 2025

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

TRD-202500789

Justin Gordon

General Counsel

Office of the Attorney General

Filed: March 4, 2025


Opinions

Opinion No. KP-0484

The Honorable Brian Birdwell

Chair, Senate Committee on Natural Resources

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Authority of the Texas Ethics Commission to toll its obligation under Government Code § 571.1242(g) in circumstances beyond litigation (RQ-0568-KP)

S U M M A R Y

Subsection 571.1242(g) of the Government Code unambiguously imposes a jurisdictional deadline by which the Texas Ethics Commission must take specified action on a complaint. Subsection 571.1244(2), on the other hand, concerns procedures for preliminary reviews and unambiguously pertains to procedural deadlines—not the Commission's jurisdiction. This is likewise confirmed by the general objectives of the Commission's enabling framework, which aims to streamline the complaint process such that the Commission's failure to timely resolve claims during preliminary review results in a loss of jurisdiction over the underlying allegations. As such, the Commission may not toll its jurisdictional deadline outside of litigation.

Rules that provide otherwise are facially invalid insofar as they conflict with both the plain text and general objectives of the Commission's enabling framework.

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

TRD-202500790

Justin Gordon

General Counsel

Office of the Attorney General

Filed: March 4, 2025