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Recent Attorney General's Opinions

Posted by: Roy Armstrong on November 22, 2023

Attorney General's Opinions

Last updated - November 22, 2023

Opinion No. KP-0432
February 24, 2023

Issues: Appraisal district’s legal counsel

Rene Montalvo was a lawyer in private practice in Starr County. His clients included the Starr County Appraisal District. Then he became the county attorney. He asked the attorney general whether he could continue to represent the appraisal district. The attorney general replied that a county attorney may not also serve as the appraisal district’s legal counsel. There is no statute that prohibits a county attorney from representing the appraisal district. In fact, §6.43(c) of the Tax Code contemplates a county attorney representing both the appraisal district and the ARB. The attorney general nevertheless concluded that the Code did not provide sufficient authority for a county attorney to serve as an appraisal district’s legal counsel.