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.

Received:Monday, October 17, 2016
Re:Whether certain funds received by Texas Health Services Authority are public funds under the Public Funds Investment Act, chapter 2256 of the Government Code
Requestor:David Fleeger, M.D.
Chair, Board of Directors
Texas Health Services Authority
5900 Southwest Parkway
Building 2, Suite 201
Austin, Texas 78735
Received:Friday, October 14, 2016
Re:Which official has authority to appoint associate judges to preside over proceedings for court-ordered mental health services pursuant to section 574.0085 of the Health and Safety Code
Requestor:The Honorable Nicholas LaHood
Bexar County Criminal District Attorney
101 West Nueva, 7th Floor
San Antonio, Texas 78205-3030
Received:Tuesday, October 11, 2016
Re:Whether Texas election judges are required to take the oath of office prescribed by Texas Constitution article 16, section 1
Requestor:The Honorable Jo Anne Bernal
El Paso County Attorney
500 East San Antonio
El Paso, Texas 79901
Received:Friday, October 7, 2016
Re:Whether doctors of osteopathy are authorized to issue certificates of medical examination and other relevant documents under chapter 574 of the Health and Safety Code
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 Joan Huffman
Chair, Committee on State Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Tuesday, October 4, 2016
Re:Which type of bond is required of a county attorney who also performs the functions of a district attorney
Requestor:The Honorable Martin Placke
Lee County Attorney
200 South Main, Room 305
Giddings, Texas 78942
Received:Tuesday, October 4, 2016
Re:The effect of a conviction in another state, and a subsequent restoration of rights by the other state, on an individual's ability to run for or hold public office in Texas
Requestor:The Honorable Jerry D. Rochelle
Bowie County Criminal District Attorney
601 Main
Texarkana, Texas 75504
Received:Monday, October 3, 2016
Re:Whether the State Long-Term Care Ombudsman may register a position and testify for or against legislation pending before the Texas Legislature
Requestor:The Honorable Richard Pena Raymond
Chair, Committee on Human Services
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, September 20, 2016
Re:Procedures for a grand jury to report its findings and the district clerk's obligations related to that report
Requestor:The Honorable Stephen B. Tyler
Victoria County Criminal District Attorney
205 North Bridge Street, Suite 301
Victoria, Texas 77901
Received:Monday, September 19, 2016
Re:Whether adoption of the American Bar Association's Model Rule of Professional Conduct 8.4(g) would constitute a violation of an attorney's statutory or constitutional rights
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water & Rural Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Received:Friday, September 9, 2016
Re:Whether time spent as a county employee may be considered in determining county longevity pay when the employee becomes an elected county officer
Requestor:The Honorable Daphne Session
Houston County Attorney
401 East Houston Avenue
Crockett, Texas 75835
Received:Wednesday, August 31, 2016
Re:Election questions related to ballot image storage, the production of tally lists by election judges, and remedies for the unauthorized exclusion of a poll watcher
Requestor:The Honorable Wiley B. McAfee
District Attorney
33rd & 424th Judicial Districts
Post Office Box 725
Llano, Texas 78643
Received:Monday, August 29, 2016
Re:Access to court records containing criminal history record information that is subject to an order of non-disclosure under chapter 411 of the Government Code
Requestor:The Honorable Dee Hobbs
Williamson County Attorney
405 Martin Luther King Street #7
Georgetown, Texas 78626
Received:Friday, August 26, 2016
Re:Whether the proposed Upper San Saba River Management Plan unlawfully delegates legislative power to a private entity
Requestor:The Honorable J. D. Sheffield
Chair, Joint Committee on Aging
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78711-2910
Received:Friday, August 5, 2016
Re:Authority of a reserve deputy sheriff to act as a surety on a bail bond
Requestor:The Honorable Timothy Mason
Andrews County and District Attorney
121 North West Avenue A
Andrews, Texas 79714
Received:Tuesday, August 2, 2016
Re:Authority of a municipality to use hotel occupancy tax revenue to fund a feasibility study and the construction, operation, and maintenance of a performing arts center
Requestor:The Honorable Dennis Bonnen
Chair, Committee on Ways & Means
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78711-2910
Received:Friday, July 22, 2016
Re:Whether a county attorney who is appointed to serve as a special prosecutor may be paid additional compensation
Requestor:Mr. Rick Dollahan
Gaines County Auditor
Post Office Box 847
Seminole, Texas 79360
Received:Friday, July 22, 2016
Re:Administration and procedures related to motor vehicle registration
Requestor:The Honorable Joseph Pickett
Chair, Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, July 21, 2016
Re:Whether certain financial transactions of the San Jacinto River Authority comply with the Public Funds Investment Act and the Public Funds Collateral Act
Requestor:Mr. Lloyd B. Tisdale
President, San Jacinto River Authority
Post Office Box 329
Conroe, Texas 77305
Received:Monday, July 18, 2016
Re:Statutory authority of the Forensic Science Commission, the admissibility of certain forensic analyses in Texas courts, and reporting requirements for certain crime laboratories
Requestor:Dr. J.M. Di Maio, Presiding Officer
Texas Forensic Science Commission
1700 North Congress Avenue
Austin, Texas 78701
Received:Friday, July 8, 2016
Re:Authority of a district attorney to use forfeiture funds for certain purposes
Requestor:Mr. William E. Tye
Bowie County Auditor
710 James Bowie Dr.
New Boston, Texas 75570
Received:Thursday, July 7, 2016
Re:Simultaneous service on the board of trustees of a public library district and on the city council
Requestor:The Honorable Sharen Wilson
Tarrant County Criminal District Attorney
401 West Belknap
Fort Worth, Texas 76196
Received:Tuesday, June 14, 2016
Re:Simultaneous service as a municipal police chief and a constable
Requestor:Ms. Rebecca R. Walton
Hardin County Attorney
Post Office Box 516
Kountze, Texas 77625
Received:Wednesday, June 15, 2016
Re:Authority of county attorneys regarding payments made in conjunction with pretrial diversion agreements
Requestor:The Honorable Shane Britton
Brown County Attorney
200 South Broadway
Brownwood, Texas 76801

Ms. Jennifer Robison
Brown County Auditor
200 South Broadway, No. 106
Brownwood, Texas 76801
Received:Wednesday, June 8, 2016
Re:Authority of a junior or community college to prohibit the carrying of handguns in classrooms or other areas where minors attend class or are routinely present
Requestor:The Honorable Abel Herrero
Chair, Committee on Criminal Jurisprudence
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, June 2, 2016
Re:The effect of section 130.0827 of the Education Code on the simultaneous service of an individual as a board trustee of Blinn College and a Brazos County commissioner
Requestor:The Honorable Rodney W. Anderson
Brazos County Attorney
300 East 26th Street Suite 1300
Bryan, Texas 77803-5359
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
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