THE ATTORNEY GENERAL 

OF TEXAS 

December 18, 1989 

Honorable Kent A. Caperton Opinion NO. JM-1119 

Chairman 

Finance Committee Re: Effect and authority of 

Texas State Senate a grand jury recommendation 

P. 0. Box 12068 regarding a county's use of 

Austin, Texas 78711 night depositories (RQ-1859) 

Dear Senator Caperton: 

You ask about the effect of a grand jury recommendation 

relative to the tax assessor-collector's use of a bank's 

night depository. You also ask about the liability for the 

money once it has been deposited. 

Article 20.09 of the Code of Criminal Procedure sets 

forth the "duties of the grand jury," as follows: 

The grand jury shall inquire into all 

offenses liable to indictment of which any 

member may have knowledge, or of which they 

shall be informed by the attorney representing the State, or any other credible 

person. 

Article 20.19 of the Code of Criminal Procedure provides for voting on the presentment of an indictment by 

members of the grand jury voting after hearing testimony. 

Article 20.19 states: 

After all the testimony which is accessible to the grand jury shall have been given 

in respect to any criminal accusation, the 

vote shall be taken as to the presentment of 

an indictment, and if nine members concur in 

finding the bill, the foreman shall make a 

memorandum of the same with such data as will 

enable the attorney who represents the State 

to write the indictment. 

P. 5885 
Honorable Kent A. Caperton - Page 2 (JM-1119) 

Article 20.21 of the Code of Criminal Procedure 

addresses the matter of the grand jury's report to the 

court. Article 20.21 states: 

When the indictment is ready to be presented, the grand jury shall go through their 

foreman, and deliver the indictment to the 

judge or clerk of the court. At least nine 

members of the grand jury must be present on 

such occasion. 

Attorney General Opinion M-1171 (1972) concluded that a 

grand jury may only investigate alleged criminal offenses 

and may only report as to indictments returned or rejected. 

&B Rich v. Eason, 180 S.W. 303 (Tex. Civ. App. - Beaumont 

1915, no writ). 

A law review article, comment, Grand Jurv Renorts: An 

Examination of the Law in Texas and Other Jurisdictions, 7 

St. Mary's L.J. 374 (1975), recognized that grand juries in 

Texas over the years have issued numerous reports relating 

to matters of public interest as well as those relating to 

misconduct of public officials. Grand juries in Texas, like 

the vast majority of other states, lack constitutional and 

statutory authority to make reports and recommendations. 

& The comment notes that the propriety of such action has 

long been the source of discussion, pro and con, even under 

common law where grand jury reports were not recognized. 

& at 378. 

You do not ask nor do we address the matter of the 

propriety of grand jury reports or recommendations. 

However, we conclude that a grand jury recommendation 

regarding the tax assessor-collector's use of a bank's night 

depository lacks the statutory underpinnings to render same 

a binding order. 

You also ask about the liability for the money once it 

has been deposited. Absent the factual context in which the 

transaction arises we are unable to answer your question. 

Further, it appears from the information you have furnished 

us that this question is prompted by an indictment pending 

against an employee in the tax assessor-collector's office. 

It is a long standing policy of this office not to answer 

questions about which litigation is pending. 

P* 5886 
Honorable Kent A. Caperton - Page 3 (JM-1119) 

SUMMARY 

A grand jury recommendation relative to 

the use of a bank's night depository is not 

binding on the tax assessor-collector. 

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 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

P. 5887