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Ezel / AG Opinions / TX
TX JM-1249-A December 17, 1990

Was Texas Attorney General Opinion JM-1249 withdrawn?

Short answer: Yes. In this brief December 17, 1990 notice, the Texas Attorney General stated that Opinion JM-1249 was withdrawn in its entirety and that the office would advise later how it would proceed. No substitute conclusion was issued in this document. For what the withdrawn opinion had addressed (a district judge's authority to appoint a special auditor and to take a commissioners court's executive-session tape), see the JM-1249 page.

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This page answers the general question as of 1990. Ezel answers yours: what it means for your facts, under current Texas law, with citations.

Currency note: this opinion is from 1990
Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: This is an official Texas Attorney General opinion. AG opinions are persuasive authority in Texas courts but are not binding precedent. This document is a notice withdrawing an earlier opinion and states no legal conclusion of its own. This summary is for informational purposes only and is not legal advice. Consult a licensed attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original AG opinion (PDF)

Texas AG Opinion JM-1249A: Withdrawal of Opinion JM-1249

What this document is

Attorney General Opinion JM-1249A is a short notice, dated December 17, 1990, that withdraws Attorney General Opinion JM-1249 in its entirety. It was addressed to the same requestor, Floyd County District Attorney Becky B. McPherson, under the same request number (RQ-2068). It does not decide any legal question on its own; its entire operative content is that JM-1249 is withdrawn and that the office would advise later how it would proceed.

Currency note

This notice was issued in 1990. It withdrew Opinion JM-1249. Treat this page as historical context, not current legal advice.

Common questions

What did JM-1249A do?
It withdrew Attorney General Opinion JM-1249 in its entirety. That is the whole of it.

Did JM-1249A replace JM-1249 with a new conclusion?
No. It stated only that the office would advise the requestor later as to how it would proceed. It did not substitute a new holding.

Where can I read about the opinion that was withdrawn?
See the page for JM-1249, which preserves the withdrawn opinion and explains what it had addressed: a district judge's authority to appoint a "special auditor" and to take custody of a commissioners court's executive-session tape recording.

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

December 17, 1990

Honorable Becky B. McPherson
District Attorney
Floyd County
110th Judicial District
Floyd County Courthouse
Floydada, Texas 79235

Opinion No. JM-1249-A

Re: Supervisory authority of a district court over a commissioners court with regard to the transfer of funds from a county attorney to a district attorney (RQ-2068)

Dear Ms. McPherson:

Attorney General Opinion No. JM-1249 is withdrawn in its entirety. We will advise you later as to the manner in which we will proceed in this . . . .

                               JIM MATTOX
                               Attorney General of Texas

MARY KELLER
First Assistant Attorney General

LOU MCCREARY
Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General

RENEA HICKS
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Rick Gilpin
Assistant Attorney General

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