On February 23rd, 2023, Austin Kinghorn, the chair for the Texas Attorney General’s Opinion Committee, sent a letter to Franklin County Attorney Landon Ramsay acknowledging that Ramsay had sought an opinion on behalf of Franklin County as to whether a county could issue a moratorium on solar developments in the county.
On August 16, 2023 Provisional Attorney General of Texas, Angela Colmenero, issued the below opinion.
In her opinion Colmenero makes the following points:
- “The materials you provide refer to several provisions of the Transportation Code and briefing received by our office cites to Health and Safety Code section 121.003 as authority for the moratorium”
- “A commissioners court has no specific authority to impose a “moratorium” on a solar facility.”
- “Specified provisions of the Transportation Code give a commissioners court authority over certain aspects of county roads.”
- “Health and Safety Code section 121.003 authorizes a commissioners court to enforce laws reasonably necessary to protect the public health.”
This opinion generated a flury in the media including:
- Texas counties don’t have the power to ban solar farms, attorney general finds – Texas Tribune, Emily Foxhall, August 16, 2023
- Texas Attorney General Shoots Down Franklin County’s Fight Against Solar Plant – KSST Radio, August 17, 2023
- Franklin County Solar Farm Moratorium Likely ‘Invalid and Unenforceable,’ Texas Attorney General Finds – The Texas, Brad Johnson, August 16, 2023