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-0165-KP
Received:Monday, June 12, 2017
Re:Authority of a county commissioners court under Local Government Code section 111.062 to appoint two part-time employees to fulfill the functions of a county budget officer, and the applicability of incompatibility rules to the appointed employees
Requestor:Mr. Leo Flores
Webb County Auditor
1110 Washington Street, Suite 201
Laredo, Texas 78040
   
RQ-0164-KP
Received:Friday, June 9, 2017
Re:Whether under certain circumstances municipal tree preservation ordinances may violate the Takings Clause of the Texas Constitution
Requestor:The Honorable Donna Campbell, M.D.
Chair, Committee on Veteran Affairs
and Border Security
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0163-KP
Received:Friday, May 26, 2017
Re:Whether a general law municipality may collect dues on behalf of homeowners associations in exchange for partial payment of the municipality's accounting expenses
Requestor:The Honorable Patrick M. Wilson
Ellis County & District Attorney
109 South Jackson
Waxahachie, Texas 75165
   
RQ-0163-KP
Received:Friday, May 26, 2017
Re:Whether a general law municipality may collect dues on behalf of homeowners associations in exchange for partial payment of the municipality's accounting expenses
Requestor:The Honorable Patrick M. Wilson
Ellis County & District Attorney
109 South Jackson
Waxahachie, Texas 75165
   
RQ-0162-KP
Received:Thursday, May 11, 2017
Re:Whether the 180-day restriction in subsection 393.201(b)(2) of the Finance Code creates a time frame only for obtaining a loan or a time frame for completing a loan and related security and servicing
Requestor:The Honorable Dan Flynn
Chair, Committee on Pensions
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0161-KP
Received:Tuesday, May 2, 2017
Re:Whether the possession and sale of the Mossberg Shockwave firearm in Texas is permitted under Texas law
Requestor:The Honorable Phil King
Chair, Committee on Homeland Security and Public Safety
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0160-KP
Received:Wednesday, April 19, 2017
Re:Whether a municipal utility district may use its surplus funds to repair or replace cluster-type mailbox facilities that serve residences in the district
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0159-KP
Received:Monday, April 24, 2017
Re:Whether an independent school district must hold a tax ratification election pursuant to Tax Code section 26.08 when it adopts a lower tax rate
Requestor:The Honorable John Zerwas
Chair, Committee on Appropriations
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0158-KP
Received:Thursday, April 20, 2017
Re:Whether the board of trustees of a public junior college may allow licensed concealed handguns in open meetings of the board of trustees
Requestor:The Honorable Jim Murphy
Chair, Committee on Special Purpose Districts
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0156-KP
Received:Wednesday, April 5, 2017
Re:Authority of a public school district to operate a transportation system outside of its geographical boundaries under section 34.007 of the Education Code
Requestor:The Honorable Dustin H. Boyd
Coryell County District Attorney
702 East Leon Street
Gatesville, Texas 76528
   
RQ-0155-KP
Received:Wednesday, March 22, 2017
Re:Whether affidavits regarding ownership of real property by adverse possession may be recorded with the county clerk pursuant to section 12.001(a) of the Property Code
Requestor:The Honorable Joseph D. Brown
Grayson County Criminal District Attorney
200 South Crockett, Suite 116A
Sherman, Texas 75090
   
RQ-0154-KP
Received:Wednesday, March 22, 2017
Re:The validity of local stock law elections held under statutes in effect in 1918
Requestor:The Honorable Richard E. Glaser
Fannin County Criminal District Attorney
101 East Sam Rayburn Drive, Suite 301
Bonham, Texas 75418
   
RQ-0153-KP
Received:Wednesday, March 8, 2017
Re:Which party pays for the copy of the reporter's record filed with the trial court clerk pursuant to Rule of Appellate Procedure 34.6(h)
Requestor:The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, Room 206
Corpus Christi, Texas 78401-3681
   
RQ-0152-KP
Received:Tuesday, February 28, 2017
Re:Whether a commissioners court may fund the county fire marshal and safety coordinator through revenue generated by a sales and use tax imposed pursuant to chapter 324 of the Tax Code
Requestor:Mr. Tony Sims
Chambers County Auditor
Post Office Box 910
Anahuac, Texas 77514
   
RQ-0151-KP
Received:Thursday, February 23, 2017
Re:Requirements for signatures on a petition filed in connection with a candidate's application for a place on the ballot
Requestor:The Honorable Jodie Laubenberg
Chair, House Committee on Elections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0150-KP
Received:Tuesday, February 21, 2017
Re:Whether a commissioners court may enter an order authorizing the treasurer to pay certain types of claims and bills prior to presenting the actual claims or bills to the commissioners court
Requestor:The Honorable David P. Weeks
Walker County Criminal District Attorney
1036 11th Street
Huntsville, Texas 77340
   
RQ-0149-KP
Received:Tuesday, February 14, 2017
Re:Whether certain expenditures of commissary proceeds violate section 351.0415 of the Local Government Code
Requestor:Mr. Brandon S. Wood, Executive Director
Texas Commission on Jail Standards
Post Office Box 12985
Austin, Texas 78711
   
RQ-0148-KP
Received:Monday, February 13, 2017
Re:Whether the State may obtain a waiver of a defendant's right to seek expunction of the record of arrest for the offense for which it places the defendant in pre-trial diversion
Requestor:The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, Room 206
Corpus Christi, Texas 78401-3681
   
RQ-0147-KP
Received:Thursday, February 2, 2017
Re:Whether relatives of public officials may perform uncompensated work for the official's office without violating nepotism laws if the relatives receive reimbursement of actual expenses or a per diem expense payment
Requestor:The Honorable James M. Tirey
Hale County Attorney
500 Broadway, Suite 340
Plainview, Texas 79072
   
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