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-0093-KP
Received:Wednesday, January 27, 2016
Re:Whether a county may participate in a non-profit organizationâs flag project
Requestor:Ms. Brandy Lee
Upshur County Auditor
Post Office Box 730
Gilmer, Texas 75644
   
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-0089-KP
Received:Monday, December 21, 2015
Re:Whether the display of a cross with a thin blue line on a sheriff patrol vehicle violates the First Amendment to the U.S. Constitution
Requestor:The Honorable Rod Ponton
83rd District Attorney
400 South Nelson Street
Ft. Stockton, Texas 79735
   
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-0082-KP
Received:Tuesday, December 15, 2015
Re:Whether a school district, municipality, or county may reduce or repeal the local option homestead exemption from the amount that was adopted for the 2014 tax year through the 2019 tax year
Requestor:The Honorable Jane Nelson
Chair, Committee on Finance
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0081-KP
Received:Monday, November 23, 2015
Re:Whether an institution of higher education may enter into a contract with a business entity in which an institutionâs board member has an interest
Requestor:The Honorable Jane Nelson
Chair, Committee on Finance
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0080-KP
Received:Monday, November 30, 2015
Re:Ownership of interest earned on county taxes held by the appraisal district
Requestor:The Honorable Lori J. Kaspar
Hood County Attorney
1200 West Pearl Street
Granbury, Texas 76078
   
RQ-0079-KP
Received:Wednesday, November 25, 2015
Re:Whether article III, section 52 of the Texas Constitution prohibits a county from providing financial assistance to a non-profit organization
Requestor:Ms. Christina Moreno
Bandera County Auditor
Post Office Box 563
Bandera, Texas 78003
   
RQ-0078-KP
Received:Wednesday, November 25, 2015
Re:What qualifies as a "judicial function" of a county judge such that the judge may claim a state salary supplement under section 26.006 of the Government Code
Requestor:Ms. Betty Jez
Austin County Auditor
1 East Main Street
Bellville, Texas 77418
   
RQ-0077-KP
Received:Friday, November 20, 2015
Re:Whether river authorities may adopt regulations that prohibit the possession of firearms on river authority parklands
Requestor:Mr. Ronald Kubecka, President and Chair
Lavaca-Navidad River Authority Board of Directors
Post Office Box 429
Edna, Texas 77957
   
RQ-0075-KP
Received:Tuesday, November 17, 2015
Re:Whether a criminal district attorney may use forfeiture funds to investigate operations of a juvenile detention center
Requestor:Ms. Judy McAdams
Victoria County Auditor
115 North Bridge, Room 122
Victoria, Texas 77901
   
RQ-0074-KP
Received:Tuesday, November 17, 2015
Re:State compliance with restrictions on federal refugee dollars
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water, and Rural Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78701-2068
   
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-0070-KP
Received:Tuesday, November 10, 2015
Re:Questions related to an emergency service districtâs sales and use tax election that failed to exclude territory where the sales tax was already capped at two percent
Requestor:The Honorable J.D. Lambright
Montgomery County Attorney
501 North Thompson, Suite 300
Conroe, Texas 77301
   
RQ-0069-KP
Received:Tuesday, November 10, 2015
Re:Whether a county is responsible for costs associated with transporting a corpse from an autopsy to its final destination
Requestor:Ms. Jean Olinger, Presiding Officer
Texas Funeral Service Commission
Post Office Box 12217
Austin, Texas 78711
   
RQ-0068-KP
Received:Monday, November 9, 2015
Re:Whether licensed physical therapists are authorized to practice trigger point dry needling
Requestor:Mr. Allen Cline, Chairman
Texas State Board of Acupuncture Examiners
Post Office Box 2018
Austin, Texas 78768-2018
   
RQ-0067-KP
Received:Friday, November 6, 2015
Re:Whether Tax Code section 33.06 authorizes ad valorem property tax deferral on mixed-use property
Requestor:Ms. Lisa Smith
Bastrop County Auditor
804 Pecan Street
Bastrop, Texas 78602
   
RQ-0066-KP
Received:Thursday, November 5, 2015
Re:Whether the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 to accept and place limits on the voluntary surrender of a license
Requestor:Mr. Charles Horton, Executive Director
Texas Board of Professional Geoscientists
Post Office Box 13225
Austin, Texas 78711-3225
   
RQ-0065-KP
Received:Tuesday, November 3, 2015
Re:Administration and audit of accounts maintained by a county sheriff
Requestor:The Honorable C. R. (Kit) Bramblett
Hudspeth County Attorney
Post Office Box 221528
El Paso, Texas 79913-1528
   
RQ-0064-KP
Received:Tuesday, November 3, 2015
Re:Administration of funds received through the federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act
Requestor:Mr. Richard A. Hyde, Executive Director
Texas Commission on Environmental Quality
Post Office Box 13087
Austin, Texas 78711
   
RQ-0063-KP
Received:Friday, October 30, 2015
Re:Authority of the Texas Department of Transportation to enter into design-build contracts during the 2016-2017 fiscal biennium
Requestor:The Honorable Joseph Pickett
Chair, Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0062-KP
Received:Wednesday, October 28, 2015
Re:Whether Texas law allows photographic insurance enforcement systems
Requestor:The Honorable Jerry Rochelle
Bowie County Criminal District Attorney
601 Main
Texarkana, Texas 75504
   
RQ-0061-KP
Received:Thursday, October 22, 2015
Re:Whether a county that has accepted a public dedication of a right-of-way is obligated to maintain the sidewalks in that right-of-way
Requestor:The Honorable Jim Keffer
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78711-2910
   
RQ-0060-KP
Received:Monday, September 21, 2015
Re:Constitutionality of SB 1876, relating to the appointment of attorneys ad litem, guardians ad litem, and mediators
Requestor:The Honorable Harold Dutton
Chair, Committee on Juvenile Justice and Family Issues
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78711-2910
   
RQ-0058-KP
Received:Friday, October 2, 2015
Re:Whether section 202.052 of the Estates Code requires citation by publication in all actions to determine heirship
Requestor:The Honorable Micheal E. Jimerson
Rusk County & District Attorney
115 North Main, Suite 302
Henderson, Texas 75652
   
RQ-0057-KP
Received:Thursday, October 1, 2015
Re:Applicability of expunction orders under section 54.0541 of the Family Code to juvenile records
Requestor:Mr. David Reilly, Executive Director
Texas Juvenile Justice Department
Post Office Box 12757
Austin, Texas 78711
   
RQ-0055-KP
Received:Friday, September 25, 2015
Re:Whether Senate Bill 374, requiring state agency participation in the E-verify program, supersedes Executive Order RP-80
Requestor:Lieutenant General J.F. Weber
Executive Director
Texas Department of Transportation
125 East 11th Street
Austin, Texas 78701-2483
   
RQ-0053-KP
Received:Monday, September 14, 2015
Re:Whether a school district board of trustees may post the personal financial statements of board members submitted pursuant to section 11.0641 of the Education Code
Requestor:The Honorable Joseph C. Pickett
Chair, Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0052-KP
Received:Thursday, September 10, 2015
Re:The Honorable Patrick M. Wilson Ellis County and District Attorney 109 South Jackson Waxahachie, Texas 75165
Requestor:Disposition of revenue collected pursuant to section 502.402 of the Transportation Code, authorizing an optional county fee for child safety
   
RQ-0050-KP
Received:Wednesday, September 9, 2015
Re:County responsibilities regarding interstate extradition
Requestor:The Honorable Natalie Cobb Koehler
Bosque County Attorney
Post Office Box 215
Meridian, Texas 76665
   
RQ-0049-KP
Received:Tuesday, September 1, 2015
Re:Ad valorem taxation of land owned by the Texas A&M University System
Requestor:The Honorable Rodney Anderson
Brazos County Attorney
300 East 26th Street 1300
Bryan, Texas 77803-5359
   
RQ-0048-KP
Received:Wednesday, August 26, 2015
Re:Definition of the term "site improvements" for purposes of section 501.103 of the Local Government Code, relating to an economic development corporation's funding of the same
Requestor:The Honorable G. A. Maffett III
Wharton County Attorney
100 South Fulton Street, Suite 105
Wharton, Texas 77488
   
RQ-0046-KP
Received:Thursday, August 20, 2015
Re:Circumstances under which a truancy court may refer a child to the juvenile probation department, and circumstances under which a child may be prosecuted for delinquent conduct
Requestor:The Honorable Jeri Yenne
Brazoria County Criminal District Attorney
111 East Locust Street
Angleton, Texas 77515
   
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