Untitled Texas Attorney General Opinion
GA-1085
| Tex. Att'y Gen. | Jul 2, 2014Background
- Board asks if it may hire a full-time in-house attorney to provide legal services to the Board, the Juvenile Department, and the Charter School Board.
- Dallas County Juvenile Board is created under Tex. Hum. Res. Code §§ 152.0631-.0632; it must appoint a director of juvenile services and a chief juvenile probation officer.
- 152.0632 assigns hiring of department employees to the director of juvenile services, not expressly authorizing an in-house attorney for legal services.
- General hiring provisions: Tex. Hum. Res. Code § 152.0008 allows the chief juvenile probation officer to hire necessary personnel, but § 152.0008 does not apply to the Dallas County Board.
- Tex. Hum. Res. Code § 142.002 authorizes hiring probation officers and administrative, supervisory, clerical personnel with consent of the commissioners court; in-house counsel could fit as administrative/supervisory/clerical if necessary to provide probation services.
- Court relies on implied authority theory to supplement express statutory language, suggesting courts may find authority to obtain legal representation even absent explicit statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to hire in-house counsel under §142.002 | Board may hire an in-house attorney as necessary to provide probation services | §142.002 allows hiring of necessary personnel with consent; attorney could fit administrative/clerical | Likely that Board may hire in-house counsel under §142.002 with consent |
| Implied authority to hire legal counsel | Board has implied power to obtain legal representation | Likely implied authority supports hiring in-house counsel in addition to express provisions |
Key Cases Cited
- Guynes v. Galveston County, 861 S.W.2d 861 (Tex. 1993) (implied authority and scope of legal representation for political subdivisions)
- El Paso County v. Solorzano, 351 S.W.3d 577 (Tex. App.—El Paso 2011, no pet.) (county/district attorney limitations on representing county in general legal matters)
- City Pub. Serv. Bd. of San Antonio v. Pub. Util. Comm'n, 53 S.W.3d 310 (Tex. 2001) (statutory and constitutional limits on agency powers and implied authorities)