THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Pending Opinion Requests

You can subscribe to the OAG's Pending Opinion Requests list. If you subscribe, you will receive an email informing you of newly posted Requests for Attorney General Opinions. The email will include a link to the pending Opinion Request as well as a brief summary.

The following requests (RQs) have been received by the Opinion Committee, and are currently pending. If you wish to view the request letter in its entirety, go here, and select the desired request letter from the index, or click on the RQ number below.

The Opinion Committee encourages interested parties to submit legal briefs. We ask that a requestor submit a brief with the requestor's opinion request. We encourage anyone else who is interested in a pending opinion request to submit a brief within 20 days of the date we receive the opinion request. Please review the information on the How To Request An Attorney General Opinion page for details about the briefing process.

RQ-0106-KP
Received:Monday, April 11, 2016
Re:Whether an appointing member cityâs governing body may remove a director it has appointed to the North Texas Municipal Water District
Requestor:The Honorable Jim Keffer
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0105-KP
Received:Monday, April 11, 2016
Re:Whether a county commissioners court has authority to expend county funds on holiday decorations and county literacy programs
Requestor:The Honorable Billy W. Byrd
Upshur County Criminal District Attorney
405 North Titus Street
Gilmer, Texas 75644
   
RQ-0105-KP
Received:Tuesday, November 30, 1999
Re:
Requestor:
   
RQ-0104-KP
Received:Monday, April 4, 2016
Re:Whether a member of a board of trustees of an independent school district may simultaneously serve as a member of a city planning and zoning commission
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-0103-KP
Received:Thursday, March 17, 2016
Re:Procedures for requesting video surveillance of special education settings pursuant to Education Code section 29.022
Requestor:Mike Morath, Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0102-KP
Received:Wednesday, March 16, 2016
Re:Whether section 49.052 of the Water Code disqualifies an employee of the County Attorneyâs Office from serving as a member of the board of a water control and improvement district in the same county, when the County Attorney also provides professional legal services to the water district
Requestor:The Honorable Rodolfo V. Gutierrez
Jim Hogg County Attorney
Post Office Box 847
Hebbronville, Texas 78361
   
RQ-0101-KP
Received:Thursday, March 10, 2016
Re:Whether the State is required to assume liability when a local retirement system created pursuant to article 6243 of the Texas Civil Statutes is unable to meet its obligations
Requestor:The Honorable Jim Murphy
Chair, Committee on Ways and Means
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0100-KP
Received:Friday, February 26, 2016
Re:Whether a commissioners court may impose a vehicle policy that regulates the use, deployment, recording, and tracking of vehicles used by the sheriff
Requestor:The Honorable Wiley B. McAfee
33rd & 424th Judicial Districts
Post Office Box 725
Llano, Texas 78643
   
RQ-0099-KP
Received:Wednesday, February 17, 2016
Re:The constitutionality of a volunteer justice court chaplaincy program and opening daily judicial proceedings with a prayer
Requestor:The Honorable Dan Patrick
Lieutenant Governor of Texas
Post Office Box 12068
Austin, Texas 78711-2068

Ms. Seana Willing, Executive Director
State Commission on Judicial Conduct
Post Office Box 12265
Austin, Texas 78711-2265
   
RQ-0097-KP
Received:Thursday, February 11, 2016
Re:Whether a non-profit entity that has offices on land owned by a municipality may restrict the carrying of concealed handguns on the property
Requestor:The Honorable Lisa Pence
Erath County Attorney
100 West Washington
Stephenville, Texas 76401
   
RQ-0096-KP
Received:Friday, February 12, 2016
Re:Authority if the Texas Lottery Commission to deny, suspend, or revoke a lottery ticket sales agent license in specific instances
Requestor:Chairman J. Winston Krause
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
   
RQ-0095-KP
Received:Wednesday, February 10, 2016
Re:Whether and to what extent limitations exist on the Facilities Commissionâs ability to renew leases for space under section 2167.055 of the Government Code
Requestor:The Honorable Angie Chen Button
Chair, Committee on Economic & Small Business Development
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0094-KP
Received:Tuesday, February 9, 2016
Re:Application of the conflict of interest rules in chapter 171 of the Local Government Code to members of a Planning and Zoning Commission or a Historic Landmark Commission who reside or own property within the historic district
Requestor:The Honorable Joe Deshotel
Chair, Committee on Land and Resource Management
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0092-KP
Received:Wednesday, January 27, 2016
Re:The status of Insurance Code article 21.52B, subsection 2(2), the Any Willing Pharmacy Statute, in light of federal court decisions
Requestor:The Honorable Charles Schwertner
Chair, Committee on Health and Human Services
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068

The Honorable Todd Hunter
Chair, Committee on Calendars
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0091-KP
Received:Friday, January 22, 2016
Re:Whether a school district board of trustees may fill a vacancy through special election on a uniform election date more than 180 days from the onset of the vacancy
Requestor:The Honorable Ana Markowski Smith
Val Verde County Attorney
207 East Losoya Street
Del Rio, Texas 78840
   
RQ-0090-KP
Received:Friday, January 8, 2016
Re:Whether the Rusk County School District tax violates article VIII, section 1-e of the Texas Constitution
Requestor:The Honorable Micheal E. Jimerson
Rusk County and District Attorney
115 North Main Street, Suite 302
Henderson, Texas 75652
   
RQ-0088-KP
Received:Thursday, December 31, 2015
Re:Whether a school district board of trustees may enter into a contract for legal services under a flat fee arrangement
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0087-KP
Received:Monday, December 28, 2015
Re:Requirements for a municipalityâs posting of notice regarding the carrying of handguns
Requestor:The Honorable Carlos Omar Garcia
79th Judicial District Attorney
Jim Wells and Brooks Counties
Post Office Drawer 3157
Alice, Texas 78333
   
RQ-0086-KP
Received:Monday, December 21, 2015
Re:The legal status of real property described by section 12.128 of the Education Code that is returned to the state from a charter school
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0085-KP
Received:Monday, December 21, 2015
Re:Application of section 39.112 of the Education Code to a board of managers in specific circumstances
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0084-KP
Received:Friday, December 18, 2015
Re:Whether rental property ownerâs use of an online payment option that is accompanied by a convenience fee involves the imposition of a credit card surcharge in violation of state law
Requestor:The Honorable James Keffer
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0083-KP
Received:Friday, December 18, 2015
Re:The extent to which a judge may refuse to apply the law of a jurisdiction outside of the United States in certain family law disputes
Requestor:The Honorable Dan Flynn
Chair, Committee on Pensions
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0073-KP
Received:Thursday, November 12, 2015
Re:The effect of section 113.054 of the Natural Resources Code on a political subdivisionâs authority to adopt and enforce ordinances relating to the liquefied petroleum gas industry
Requestor:The Honorable Drew Darby
Chair, Committee on Energy Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0072-KP
Received:Thursday, November 12, 2015
Re:Whether the tax on crude oil petroleum produced in this state remains in effect in light of the Eighty-fourth Legislature�s passage of Senate Bill 757 and House Bill 7
Requestor:Mr. Lindil C. Fowler, Jr.
Interim Executive Director
Railroad Commission of Texas
Post Office Box 12967
Austin, Texas 78711-2967
   
RQ-0033-KP
Received:Wednesday, July 15, 2015
Re:Authority of a commissioners court, after adoption of the budget, to adopt a standing budget policy that automatically reduces the salary line item of an employee of an elected official upon the employee's departure from the position
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-1150-GA
Received:Thursday, September 5, 2013
Re:Whether the Texas Constitution prohibits the Texas Military Forces from fulfilling the United States Department of Defense's policy of extending spousal benefits to same-sex spouses
Requestor:Major General John F. Nichols
Adjutant General of Texas
Post Office Box 5218
Camp Mabry
Austin, Texas 78763-5218
   
RQ-1105-GA
Received:Friday, January 25, 2013
Re:Whether a county is a "covered entity" under Health and Safety Code section 181.001(b)(2) and is thereby subject to the Health Insurance Portability and Accountability Act
Requestor:The Honorable Bill Moore
Johnson County Attorney
204 South Buffalo Avenue, Suite 410
Cleburne, Texas 76033