Office of the Attorney General of Texas
AGO RQ-0395-KP
No. RQ-0395-KP
Texas Attorney General Opinion
January 11, 2021
Office
of the Attorney General of Texas
Attention:
Opinion Committee
P.O.
Box 12548
Austin,
Texas 78711-2548
Re:
Request for an opinion regarding the extent to which Local
Government Code Chapter 171 and/or Government Code Chapter
573 applies where the Harris County Attorney’s
father-in-law is a partner at a law firm that contracts with
the County
Dear
Attorney General Paxton:
I
respectfully request an official opinion from your office on
the matters described in this letter and accompanying brief.
I was sworn in as Harris County Attorney on January 1, 2021.
My father-in-law holds an ownership interest in a law firm
that has existing contracts with Harris County for the
collection of delinquent receivables. I believe these facts
implicate Section 171.004 of the Local Government Code (also
known as Texas’s “conflict of interest
statute”).
I am
taking the following steps to comply with the letter and
spirit of Section 171.004. On January 7, 2021, I filed with
the Harris County Clerk’s Office an affidavit
disclosing my father-in-law’s interest in the firm and
that his interest is imputed to me for conflicts purposes
under Section 171.004. A copy of the as-filed version of the
affidavit is attached to this request as Exhibit
“A”. I plan to maintain an affidavit on file with
the Clerk’s office on an ongoing basis as long as (1)
the firm continues to contract with, and/or seek to obtain
contracts with, the County; and (2) my father-in-law remains
with the firm. I will update the affidavit as appropriate
throughout my tenure as Harris County Attorney.
I will
abstain from participating in relevant decisions regarding
the County’s contracts with private law firms for the
collection of delinquent receivables. These facts present a
unique situation as I have not identified any cases or
Attorney General opinions discussing whether under Section
171, only the local public official must abstain from...
