Texas Register January 22, 2021 Issue

Requests for Opinions Texas House of Representatives RQ-0394-KP Post Office Box 2910 Requestor: Austin, Texas 78768-2910 The Honorable Will Thompson Re: Public access to the Texas Capitol and whether members of the Legislature may vote on legislation from a location other than their Navarro County District Attorney respective chambers (RQ-0389-KP) 300 West 3rd Avenue, Suite 301 SUMMARY Corsicana, Texas 75110 Article III, section 16 of the Texas Constitution requires that sessions Re: Eligibility of a newly elected constable under chapter 86 of the of each House be open, except when the Senate is in executive session. Government Code (RQ‑0394‑KP) Thus, when the Legislature meets for session in the Capitol, it must be open and accessible to the public. Briefs requested by February 9, 2021 The First Amendment of the U.S. Constitution prohibits laws that RQ-0395-KP abridge the freedom of speech or the right of the people to petition Requestor: the government for a redress of grievances. However, to the extent that the Capitol is a limited public forum, the Legislature may impose The Honorable Christian D. Menefee reasonable content-neutral conditions for the time, place, and manner Harris County Attorney of access. 1019 Congress, 15th Floor Article III, section 10 establishes a quorum of two-thirds of each House to do business, and it ties quorum to "attendance." A court could con- Houston, Texas 77002-1700 strue this term and others in the Texas Constitution to require physical Re: Applicability of Local Government Code chapter 171 regarding presence in the chamber in order to attend and be counted for purposes conflicts of interest and Government Code chapter 573 regarding nepo- of a quorum. tism to a county attorney whose father-in-law is a partner at a law firm Article III, section 11 of the Texas Constitution provides that each that contracts with the county (RQ‑0395‑KP) "House may determine the rules of its own proceedings." However, Briefs requested by February 10, 2021 the House and Senate must determine procedures, consistent with the Texas and U.S. Constitutions, for providing public access, conducting For further information, please access the website at www.texasattor- public testimony, debate, and voting on legislation during the legisla- neygeneral.gov or call the Opinion Committee at (512) 463-2110. tive session. The rules set by the House and Senate have historically TRD-202100174 conformed to constitutional restraints requiring voting and debate to Austin Kinghorn occur in person. General Counsel For further information, please access the website at www.texasattor- Office of the Attorney General neygeneral.gov or call the Opinion Committee at (512) 463-2110. Filed: January 12, 2021 TRD-202100173 ♦ ♦ ♦ Austin Kinghorn General Counsel Opinions Office of the Attorney General Opinion No. KP-0347 Filed: January 12, 2021 The Honorable Briscoe Cain ♦ ♦ ♦ Chair, House Select Committee on Driver's License Issuance & Re- newal ATTORNEY GENERAL January 22, 2021 46 TexReg 509 .

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