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-0237-KP
Received:Friday, May 18, 2018
Re:Whether article 11, section 5 of the Texas Constitution prohibits a city from amending its charter on the uniform election date in the twenty-fourth month after a previous charter amendment if that election date is not a full two calendar years from the previous amendment election
Requestor:The Honorable Jodie Laubenberg
Chair, Committee on Elections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0236-KP
Received:Thursday, June 7, 2018
Re:Authority of a county commissioners court over disbursing funds received from a compact waste disposal facility under Health and Safety Code section 402.244
Requestor:The Honorable Timothy J. Mason
Andrews County/District Attorney
121 North West Avenue A
Andrews, Texas 79714
   
RQ-0235-KP
Received:Monday, June 4, 2018
Re:Whether a county clerk whose office does not accept electronic documents for recording must accept and record a printed copy of an electronic document that does not comply with the original signature and other requirements of certain provisions of the Property Code
Requestor:The Honorable David Willborn
Guadalupe County Attorney
211 West Court Street
Seguin, Texas 78155-5779
   
RQ-0234-KP
Received:Tuesday, May 29, 2018
Re:Whether a funeral provider may infer a decedent's preferred method of disposition from the contents of a prepaid funeral contract
Requestor:Mr. Charles G. Cooper
Banking Commissioner
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
   
RQ-0233-KP
Received:Wednesday, May 23, 2018
Re:Issues related to quorums and city council member absences
Requestor:The Honorable John Zerwas, M.D.
Chair, Committee on Appropriations
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0232-KP
Received:Wednesday, May 23, 2018
Re:Whether a commissioners court may fund certain county departments 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-0231-KP
Received:Thursday, May 10, 2018
Re:Whether and to what extent the Permanent School Fund is non-spendable
Requestor:The Honorable George P. Bush
Commissioner
Texas General Land Office
Post Office Box 12873
Austin, Texas 78711-2873
   
RQ-0230-KP
Received:Friday, May 4, 2018
Re:Whether a member of an independent school district board of trustees may simultaneously serve as a county judge
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-0229-KP
Received:Wednesday, May 2, 2018
Re:Whether a state legislator may simultaneously serve as president of a municipal management district operating under chapter 375 of the Local Government Code (confirmation and clarification of Attorney General Opinion GA-0386)
Requestor:The Honorable Sarah Davis
Chair, Committee on General Investigation & Ethics
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0228-KP
Received:Wednesday, May 2, 2018
Re:Whether a legislator may receive payment from a unit of local government for lobbying activities
Requestor:The Honorable Sarah Davis
Chair, Committee on General Investigation & Ethics
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0227-KP
Received:Wednesday, May 2, 2018
Re:Applicability of Education Code section 44.043 to a school district's consideration of a vendor's or person's relationship with a charter school
Requestor:The Honorable Kelly Hancock
Chair, Committee on Business & Commerce
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0226-KP
Received:Friday, April 27, 2018
Re:Authority and process for removing historical plaques in the Texas Capitol Complex
Requestor:The Honorable Joe Moody
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0224-KP
Received:Monday, April 23, 2018
Re:Whether an employee of Eagle Pass Water Works System is a municipal employee for purposes of section 392.031 of the Local Government Code, which prohibits a municipal officer or employee from being appointed a commissioner to a municipal housing authority
Requestor:The Honorable Roberto Serna
293rd Judicial District
458 Madison Street
Eagle Pass, Texas 78852
   
RQ-0222-KP
Received:Wednesday, April 18, 2018
Re:Whether recreational vehicle park guests are licensees or tenants
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water & Rural Affairs
Texas State Senate
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0221-KP
Received:Thursday, April 12, 2018
Re:Whether the Teacher Retirement System may invest the funds of the system in life insurance funded by leveraged premiums
Requestor:The Honorable Dan Flynn
Chair, Committee on Pensions
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0220-KP
Received:Friday, April 6, 2018
Re:The authority of Texas counties to pursue housing programs in specific circumstances
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0219-KP
Received:Friday, April 6, 2018
Re:Whether chapter 75 of the Civil Practices and Remedies Code applies to limit the liability of a private property owner on whose property private aircraft lands for purposes of agritourism
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0218-KP
Received:Thursday, April 5, 2018
Re:Authority of the temporary directors of the Southwestern Travis County Groundwater Conservation District
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0217-KP
Received:Thursday, April 5, 2018
Re:Whether a groundwater conservation district may amend a historic or existing use permit in specific circumstances
Requestor:The Honorable Tracy O. King
Chair, Agriculture and Livestock Committee
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0216-KP
Received:Tuesday, March 20, 2018
Re:Whether subchapter D, chapter 615, of the Government Code requires municipalities to allow survivors of a part-time public safety employee to purchase health insurance benefits when the employee was not eligible for health insurance benefits at the time of the employee's death
Requestor:The Honorable Wiley B. McAfee
District Attorney
33rd & 424th Judicial Districts
1701 E. Polk Street
Burnet, Texas 78611
   
RQ-0215-KP
Received:Tuesday, March 20, 2018
Re:Obligations of a criminal district attorney under Code of Criminal Procedure article 39.14 to disclose to a criminal defendant information obtained by the criminal district attorney during the performance of certain civil duties
Requestor:The Honorable Sharen Wilson
Tarrant County Criminal District Attorney
401 West Belknap
Fort Worth, Texas 76196
   
RQ-0214-KP
Received:Thursday, March 1, 2018
Re:Whether sections 46.02 and 46.03 of the Penal Code apply to election judges who are licensed to carry a handgun under chapter 411 of the Government Code
Requestor:The Honorable James White
Chair, Committee on Corrections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0213-KP
Received:Friday, February 16, 2018
Re:Whether city council members also employed by an independent school district may receive compensation for their service on the city council
Requestor:The Honorable Roberto Serna
District Attorney
293rd Judicial District
458 Madison Street
Eagle Pass, Texas 78852
   
RQ-0211-KP
Received:Monday, February 12, 2018
Re:Whether the contractual assessments imposed by local governments under the Property Assessed Clean Energy Act in chapter 399 of the Local Government Code are special assessments by the local government and treated as real estate taxes on the property
Requestor:The Honorable Doyle 'Dee' Hobbs
Williamson County Attorney
405 M.L.K. Street #7
Georgetown, Texas 78626
   
RQ-0210-KP
Received:Friday, February 9, 2018
Re:Whether a right of reverter on property owned by Texas State Technical College is enforceable against it as a state agency
Requestor:Mr. Michael L. Reeser
Chancellor & CEO
Texas State Technical College
3801 Campus Drive
Waco, Texas 76705
   
RQ-0206-KP
Received:Tuesday, January 9, 2018
Re:Whether a motor vehicle manufacturer or distributor that performs warranty services under a manufacturer's warranty is in violation of section 2301.476(c)(3) of the Occupations Code
Requestor:Ms. Whitney Brewster, Executive Director
Texas Department of Motor Vehicles
4000 Jackson Avenue
Austin, Texas 78731
   
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 Defenses 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